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Mr. Turner had no role in the murder or in the restraining of the victim.

VIRGINIA: CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH

COMMONWEALTH OF VIRGINIA
v
DUSTIN ALLEN TURNER,
Defendant.

Hon. Frederick B. Lowe, judge
Virginia Beach, Virginia
June 25, 2008

One of the things that we have to do in making this determination is to consider the testimony of those on the witness stand in light of all of the other evidence in the case. And I've done that here both in reviewing the transcript of our earlier hearing and also in reviewing in great detail the evidence that was presented in the prior trials of Mr. Brown and Mr. Turner. This court has come to the conclusion that aside from the testimony of Mr. Brown and Mr. Turner, that the evidence in both of those previous trials was largely, if not completely, circumstantial. Other than their testimony there were no other witnesses to the actual incident. There was no scientific or forensic evidence of any type that would or could have been of assistance to the trier of fact in either of those trials.

Having considered all of that and having considered the questions posed to this court by the Court of Appeals, this court makes the following determination. This court determines that Mr. Brown's recanted testimony is credible in his assertion that he testified falsely at his own trial. This court determines that Mr. Brown testified falsely at his own trial as to a material fact in the case. This court further finds that Mr. Brown's recantation of his earlier testimony was unknown and was unavailable to the petitioner in this proceeding, Mr. Turner, at the time of his conviction and at the time his conviction became final. And this court finally finds that Mr. Brown is credible in his assertion that he acted independently in murdering the victim and that Mr. Turner had no role in the murder or in the restraining of the victim.