For a long time, it was a point of contention among Byron Case's supporters that his conviction rested solely on the testimony of "an embittered ex-girlfriend (Kelly Moffett) with a history of drug use and mental health issues". That has been changed to "as a direct result" of said testimony, and Moffett is now referred to as an "alleged witness", though Case's supporters still alleged that she was "embittered" and still claim she has a "a history of drug use and mental health issues". They still do not choose to discuss what the additional evidence was in this case, and they still tend to uncritically accept the concept that Moffett is exactly as Case describes her. Let us examine the facts.

The state's key eyewitness was Kelly Moffett, who was Byron Case's girlfriend for about 19 months, from May 1997 through December 1998, and witnessed Case murder Anastasia WitbolsFeugen. According to Moffett's mother, the drug use and emotional problems did not surface until January 1998, shortly after Anastasia's murder. It did not become noticeably serious until 1998.^[1]

As for Kelly Moffett being "embittered" about the breakup with Case, this has been handled in two other parts of this FAQ, involving both Moffett's motives for accusing Case,^[2] and claims made by Case about threats she allegedly made against him^[3]

Moffett's eyewitness testimony about the actual killing matched forensic and crime scene evidence that was unavailable to the public. She testified how Anastasia fell,^[4], how she was surprised by the attack and had no time to turn, run, cover up, or even flinch.^[5] and how the weapon used in the murder was a long-barrelled one (as opposed to a handgun).^[6]

This testimony was backed up by forensic examination,^[7], and contrary to later claims made by Case and some of his supporters, this information was NOT available to the general public via news stories. This web site maintains a complete list of news stories about the murder and its subsequent investigation,^[8] and have challenged them to show where those facts were made public knowledge. To date, they have not responded.

As for Case's supporters' arguments about defense testimony that contradicted Moffett's testimony, the jurors were instructed prior to the opening statements of the trial that it was their sole responsibility to determine a witness' believability,^[9] and it is apparent from their verdict that they found Kelly Moffett's testimony believable, and that they did not find Case or his defense witnesses believable. There are reasons that can be inferred for that verdict.

Kelly Moffett's eyewitness testimony was not by itself enough to convince the jury, but it was when presented in conjunction with Case's tacit admission,^[10] Case's supporters frequently downplay that admission, but it's validity was upheld by an appellate court.^[11]

Forensic evidence presented at trial^[12] rendered Case's alibi much less believable,^[13] requiring too many coincidences (many defying logic) to be believable.^[14]

There was also secondary evidence that made the jury accept Case's guilt. First, he resisted arrest;^[15] he did not simply struggle say, "No, No, No!" while being arrested (as if not believing it was happening), but instead he turned, ran, and tried to lock himself in his bedroom when confronted by officers who had identified themselves to him. While this did not prove guilt, it certainly placed Case in a very bad light. Second, testimony from both prosecution and defense witnesses showed that Byron Case felt a great animosity toward Anastasia,^[16,17] helping establish a motive.

There was other evidence, but this was the most important evidence presented.