Decide says truthful trial unattainable and drops homicide prices in opposition to mother and father in 1989 killing of boy
COLUMBIA, S.C. (AP) — A South Carolina decide on Friday threw out murder charges in opposition to a father and a stepmother, saying there was no new proof they killed their 5-year-old little one in 1989.
Circuit Decide Roger Younger dominated the unique detective within the case modified his interpretations of the proof and with greater than 20 witnesses both lifeless or unable to testify within the 35-year-old case, the couple could not put up a good protection and query witnesses who claimed they made incriminating statements.
Justin Turner was discovered lifeless in a cupboard in a camper behind his Berkeley County residence in March 1989. He had been strangled.
Investigators instantly thought the killing scene had been staged they usually caught his father, Victor Lee Turner, and stepmother, Megan R. Turner, in lies, Berkeley County Sheriff Duane Lewis stated at a January information convention the place he introduced homicide prices in opposition to each of them within the chilly case.
Megan Turner was additionally charged with homicide in 1990, however a grand jury refused to indict her.
Protection attorneys after the couple had been arrested identified serial killer Richard Evonitz was stationed on a U.S. Navy ship in close by Charleston on the time of the killing and proof and the tactic used within the boy’s case matched three different kidnappings and killings of youngsters in Virginia that Evonitz was linked to, based on the Virginia Faculty of Legislation’s Innocence Mission.
Evonitz killed himself as police closed in on him in 2002. His physique was cremated, seemingly making it unattainable to attempt to match his DNA with proof within the South Carolina case and additional hampering the Turners capability to defend themselves, protection legal professional Shaun Kent stated at a preliminary listening to in March.
The detective who investigated the case in 1989 was rehired by the Berkeley County Sheriff’s Workplace in 2021 to evaluate chilly circumstances. He testified investigators had been in a position to make use of new know-how to find out tiny fibers from a ligature discovered on the residence shortly after the boy’s disappearance had been discovered to match these discovered on the boy’s shirt.
Utilizing a microscope should not rely as new proof to let prosecutors reopen the case, Kent stated on the listening to, based on WCSC-TV.
“Proof isn’t there in 35 years. It’s not going to return up at present,” Kent stated.
Once they arrested the couple this yr, deputies modified their concept on how the boy was killed, saying he was strangled with a canine collar connected to a leash as an alternative of simply the leash. The brand new concept solely got here after deputies purchased a collar and examined it with a model, protection legal professionals stated.
The decide identified the collar and canine would have been accessible in 1989 however not now. The collar has not been discovered since even with detectives digging up the canine’s stays, the protection stated.
Justin Turner’s physique was discovered two days after he was reported lacking as investigators in arresting the couple cited unusual statements and habits like Victor Turner getting into the camper as a TV digital camera filmed him and seconds later stated he discovered the physique among the many many cupboards and drawers within the camper.
The couple requested officers what would possibly occur if a member of the family harmed the boy and others stated Megan Turner advised an enormous battle together with her stepson earlier than he died that she gained.
Having greater than 20 witnesses used to construct the case in 1989 unable to testify at present isn’t truthful to the couple, the decide dominated.
“This can be a circumstantial proof which relies on half on supposedly incriminating statements made to 3rd individuals. Unavailability of these witnesses for cross examination could be extremely prejudicial to the protection,” Younger wrote.
Prosecutors stated that they had no grounds to dispute Younger’s ruling and lamented the errors made by investigators 35 years in the past in amassing and preserving proof.
“It’s uncommon that prosecutors can say there’s nothing extra that might have accomplished to conduct a extra thorough investigation, however on this case, we all know that Sheriff Lewis and his workforce of investigators did all they may do to search out fact and justice,” Solicitor Scarlett Wilson wrote in a press release.
