In the fall of 1997, Anastasia WitbolsFeugen, eighteen years old, was shot and killed in Lincoln Cemetery, located in an unincorporated area between Kansas City and Independence, Missouri. Her body was found by a Sheriff's Deputy in the early morning hours of October twenty-third, with a large gunshot wound to the face. She had last been seen in the company of Justin Bruton, her on-and, off-again boyfriend, and her friends Byron Case and Kelly Moffett, who were also a couple. The four of them had met at a Dairy Queen nearby, and were on their way to Justin's condominium, about twenty minutes away, in his hunter-green Honda Civic, when Anastasia, upset by the argument she was having with Justin, angrily exited the car at a stop light and began walking quickly away. With little apparent thought, her home being a mere five-minute drive away, Justin simply drove off. The cemetery in which her body was found eight hours later was less than a half-mile from the intersection where she last saw her friends. No time of death was ever determined. No bullets (save a fragment recovered from Anastasia WitbolsFeugen's hair) or shell casings were ever found at the scene, and her body is presumed to have fallen where she was shot. The Jackson County Sheriff's Department, which headed up the investigation, never named a suspect, not even when Justin's body was found the following afternoon, more than seventy miles away, the victim of a self-inflicted gunshot blast to the head. The case was considered unsolved for almost four years.
When Kelly Moffett and Byron Case broke up, it was a messy affair. Kelly's admitted drug use and infidelity had become more flagrant, and Byron, having lost his father less than two months after his best friends' deaths, was too stricken by grief to handle the loss of his longtime girlfriend. The couple would split, but Kelly would often call him or show up at his home at odd hours, claiming to be lonely, in need of money, or outright homeless, and Byron would do what he could to help, almost invariably finding himself back in the relationship. In the autumn of 2000, he determined that he'd had enough and rented an apartment in Saint Louis, hoping to get away from her, once and for all. The week before moving the last of his belongings, Kelly paid an unannounced visit, saying she was living in a crack house without running water and needed to use his shower. Immediately noticing the lack of furniture and the piles of boxes, she became upset once Byron explained that he was moving largely because of her.
Seven days after Byron's move, Kelly reported to a counselor at the drug rehab center she'd checked into that she had witnessed the murder of her friend Anastasia years earlier, and that it had been her then-boyfriend, Byron Case, who had pulled the trigger. A previous story, given to a different drug counselor during a prior stint in rehab, had been similar, implicating Justin Bruton as the killer. The delivery of that tale got her back in her family's good graces and out of the center; the second version had much the same effect. The difference was that, in the second version of the story, the alleged murderer was alive: authorities had to be notified.
With a supposed eyewitness testimony, the Sheriff's Department moved forward with renewed vigor, encouraging Kelly to elicit a confession from Byron with a telephone recording device. After numerous fruitless attempts, a so-called "tactic admission" was achieved during a largely incomprehensible conversation on June fifth, 2001, when Kelly reached Byron at 1:30 A.M. and deliriously ill (a 103° fever was recorded in a subsequent medical exam). It carried sufficient weight, in light of the vagaries of Kelly's testimony, for a warrant to be issued and an indictment handed down. The ensuing four-day trial was marred by errors, both technical and strategic, and Byron was ultimately found guilty of first-degree murder and armed criminal action. He received two life sentences, one without the possibility for parole. He was twenty-three.
Argument in this case might seem moot – pointless, even – but for a number of facts, some of which were, and some of which weren't presented at Byron's trial. Firstly, Kelly never described the firearm Byron supposedly used to shoot Anastasia, saying only that it was long, like a rifle. She also claimed it came from the wall of Byron's father's home, yet testimony from several people familiar with Byron's father and his home indicated that the man never had an interest in guns or hunting, and certainly would never have displayed a weapon in such a manner. Thirdly, Kelly's version of events (which do not include Anastasia angrily exiting Justin's car on the evening in question) are directly in contrast to a service station mechanic, who described seeing a young woman matching Anastasia's approximate description get out of a dark, late model car, obviously upset, and proceed to walk in the direction of Anastasia's home. Finally, the most obvious facts of the crime itself were conveniently glossed over, with nothing but the most general, long-known information being provided, and, in some cases (i.e.: claiming Byron was as much as eight feet away from Anastasia when he shot, when forensic evidence clearly indicates the gun was fired while pressed against the victim's face) the patently untrue.
Posted by freebyroncase on 2008-05-09 23:44:50 | Rating: n/a | Views: 25
Let’s see how many inaccurate and downright false statements can be found in this post. My original effort took too many pages, but I’ll cut it to the main issues.
A lot of the claims made in this post rely solely upon the statement of the man who was convicted of the murder. They’re asking you to believe uncritically those statements. There is another side, to be found here:
http://www.stasia.org/case_against/index.html
You should view it and make up your mind when reviewing the claims of both sides.
Here are some of their false claims:
>>No time of death was ever determined.
They never let go of this. No time of death was stated during the trial (nobody, prosecution or defense, asked about it), but to say it was never determined is mistaken.
>>The Jackson County Sheriff's Department . . . never named a suspect
While this statement is true, it means nothing. Most murder investigations avoid officially naming a suspect until they are sure, and while Byron Case was the person most investigated, the detective felt it a strategic disadvantage to do so in an official manner. Case himself admitted early on that he was a suspect in the investigation, and the fact that he was not OFFICIALLY named means nothing.
>>Justin's body was found the following afternoon, more than seventy miles away
Justin’s body was found 30 miles away, NOT “more than 70”. You would think that these folks would check their facts, instead of simply making up numbers to suit their purposes.
>>too stricken by grief to handle the loss of his longtime girlfriend
Case and Moffett, according to testimony by both, broke up about January 1999, more than a year after the murder, and it was Moffett who broke up with Case. Case threatened suicide and ended up on a 24-hour suicide watch less than a month after they broke up. Also, they had been dating for SEVEN MONTHS at the time of Case’s father’s death, so the definition of “longtime” must be questioned.
>>Kelly would often call him or show up at his home at odd hours, claiming to be lonely,
>>in need of money, or outright homeless, and Byron would do what he could to help
This is Byron Case’s story, but he has no witnesses who actually saw such actions. While Moffett used drugs recreationally before the murder (as did Case, who admitted to having had a heavy cocaine habit), she only started abusing drugs after the murder.
>>Kelly paid an unannounced visit, saying she was living in a crack house without
>>running water and needed to use his shower. Immediately noticing the lack of furniture and the piles of boxes
According to testimony both by Moffett and Case, Moffett called Case on the phone before coming over, and did so because she had already heard he was moving. She came over, and they had most of their conversation privately. Even Case in his testimony admitted that she knew he was leaving before she came over. Why do these people continue to get it wrong? And why don’t they ever mention that Case had a parole officer at this time, having pled guilty to a felony charge? Because it makes him seem less than the All-American Kid they paint him to be.
>>A previous story, given to a different drug counselor during a
>>prior stint in rehab, had been similar, implicating Justin Bruton as the killer
Kelly Moffett never admitted witnessing the murder to any counselor but the one. She told her mother in March 2000 that she had witnessed the murder, and when her mother asked her if Justin did it, she silently assented. In June of that same year, she had admitted to her father that it had really been Case. She finally admitted to her drug counselor about the murder in September. This claim to have told two different stories to two different counselors is a base falsehood.
>>After numerous fruitless attempts, a so-called
>>‘tactic admission’ was achieved during a largely incomprehensible conversation
First of all, it is "tacit" admission, NOT "tactic". As for the rest, "Numerous fruitless attempts" means that she called Case several times but was unable to get him on the phone. Stating in this manner makes it sound like she really pumped him on several occasions.
Their claim of "largely incomprehensible" is just that, their claim and theirs alone, and an indefensible one.
Please go here for a the real story:
http://www.stasia.org/case_against/FAQ_tacit.html
You can read the entire conversation, especially where Moffett asks Case THREE TIMES why he killed Anastasia, only to have him change the subject and suggest to her that she tell police that she "can’t remember" anything, because that was what he did when he spoke to investigators.
>>on June fifth, 2001, when Kelly reached Byron at 1:30 A.M. and
>>deliriously ill (a 103° fever was recorded in a subsequent medical exam).”
For the record, it was 11:30 PM, and Case was awake when he took her call. Further, Case claimed to have a 103° fever, and had a doctor’s note that he had been treated, but the note made no mention of what his fever was. In addition, the symptoms of streptococcal pharyngitis do NOT include delirium.
>>The ensuing four-day trial was marred by errors, both technical and strategic
They keep claiming all these errors, but they never enumerate them. They keep making this unverifiable claim, but they have never offered the details to be examined. It’s easy to curse the darkness instead of striking a match.
>>directly in contrast to a service station mechanic, who described seeing a young woman matching
>>Anastasia's approximate description get out of a dark, late model car, obviously upset, and proceed
>>to walk in the direction of Anastasia's home.
This is one they just refuse to understand, because they refuse to read the actual documentation. The mechanic involved saw an EASTBOUND car on the SOUTH side of the road, where Case’s alibi indicated that Justin’s car was WESTBOUND and on the NORTH side of the road. In other words, he did not see Justin Bruton’s car, unless Case forgot to tell police and the court about a couple of U-turns that Justin Bruton made at that time.
Further, on cross examination, the witness had to admit that he had told police the day after the murder that he could not see whether there had been an argument nor whether the woman was upset. In other words, he padded his testimony in favor of the defense. Finally, it was admitted by a previous witness (a friend of Case’s) that she had sought out that mechanic a few days after he had spoken to police to talk to him about the case. Who knows what promises were made to elicit his help.
This is actually one of those "strategic errors" they like to mention, but they don’t like to mention that it was on Case’s part.
>>Finally, the most obvious facts of the crime itself were conveniently glossed over,
>>with nothing but the most general, long-known information being provided”
Nothing being provided. Nothing other than the fact that it was a high-powered weapon used up close (as opposed to most violent crimes committed with smaller arms), something not publicly known. Nothing other than the specifics of how and where Anastasia fell, and how fast it occurred, matching forensic evidence but not publicly known. Nothing other than the fact that Case’s alibi could not hold up to the facts at hand.
Even keeping it down to a minimum, this comment is too long. They say that a Lie can travel around the world while the Truth is just getting its boots on. Well, it takes longer to tell the truth about Byron Case’s guilt than it does to make up lies about his innocence.
These people want your help, and mostly want your money. Give it some LONG thought before doing so.
If they answer this, they will do so with anger and venom. They will continue to slander the eyewitness, knowing she cannot respond (she is in Witness Protection). They will not respond to the points raised here with any logical answer. It has been their pattern for the last five years to cloud the issue and change the subject when challenged, to bring up irrelevant issues and proclaim them important, to shout their previous claims in a louder voice, and attack their critics (and on that latter tactic, they frequently make attacks just to hurt people, with no relevance to whether their guy is innocent or not).
Here is the memorial site for Case's victim (of whom he was an acquaintance, but not a friend):
http://www.stasia.org/
Here are the transcripts of Case's murder trial:
http://www.stasia.org/case_against/transcripts.html
Here is the list of Frequently Asked Questions:
http://www.stasia.org/case_against/FAQ.html