VIRGINIA BEACH - The Virginia Court of Appeals will review ex-Navy SEAL trainee Dustin Turner's petition for release, a judge ruled Wednesday morning.

Judge Frederick Lowe ruled as credible the testimony by co-defendant Billy Brown that he was the lone killer of college student Jennifer Evans in 1995.

Turner's family, in the courtroom for the decision, was elated.

"Usually everything goes against us," said Turner's stepfather Larry Summit. "This is the first time anything goes our way. It's just fantastic. I've been hoping for this for the past 10-12 years."

Both men, Navy SEAL trainees at the time, were convicted, but Brown later confessed to being the sole killer. Since that time, Turner has tried to get the conviction overturned.

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Last month, Brown testified that he killed Evans when he snapped, flew into a rage and choked her.

Brown also said Turner only helped cover the crime up by helping him hide her body.

He said he continually lied during their murder trials because he was angry that Turner, his best friend, was cooperating with police.  His desire to tell the truth after all these years is the result of becoming a Christian behind bars, Brown said. 

Turner has maintained all along that he tried to stop Brown from strangling Evans, but he admitted he helped hide Evans' body because the trauma of witnessing the murder snapped him out of character.

"Distorted sense of loyalty to my swim buddy and, like in occasions in the past, I thought of making sure he didn't get in trouble and secondly I just had no other idea what to do," said Turner. 

The case is now headed to the Virginia Court of Appeals for a decision on Turner's petition for release. If that's approved, Turner would be immediately released and there would be no re-trial.