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Turner claims that he and Miss Evans were sitting in the front seat of the car when a drunken and belligerent Brown climbed into the back seat, reached over and strangled the woman.

In the affidavit that was the basis for Turner’s appeal, Brown said: “We were sitting there talking and the next thing you know I reached up and choked Jennifer. I did this on my own without any prior discussion with Dustin Turner. He did not encourage me in any way and in fact, I remember one instance while I was choking Jennifer, Dustin trying to pull my hands away.”