When Kelly Moffett came forward in September 2000 to repudiate her earlier statements about the murder of Anastasia WitbolsFeugen and implicate Byron Case as the killer, she also implicated herself as an accessory to the murder. In having given false information to the Jackson County Sheriff's Department (her story that Anastasia had jumped out of Justin Bruton's car at a stop light and had walked away from there), Kelly could have been charged with Obstruction of Justice and Accessory to Murder.⁽¹⁾

In exchange for her testimony at Case's trial, Kelly received immunity for her own role in the coverup,⁽²⁾ but she was still required to describe in detail her actions and her subsequent descent into alcoholism and drug abuse.

In nearly all situations involving a prosecution witness receiving immunity, the witness has made the deal to avoid prosecution or incarceration for something for which they are already facing charges or sentencing. What made this situation unique was the fact that Kelly Moffett came forward with her incriminating information with no charges pending, threatened, or likely. The risk involved was entirely hers.

Among the more laughable accusations made by Case's supporters includes a recent one that police or prosecutors must have ordered Kelley Moffett to "say anything" during her testimony, with the threat of sending her to prison. Obviously, said supporter never bothered to look up the facts of the matter before concocting such theories. This supporter, in making such a statement, ignores the fact that Moffett's grant of immunity was for possible charges of Obstruction and/or Accessory, for which she could not be charged unless Case had been for the murder itself.

Unlike Byron Case, Kelly Moffett specifically sought immunity for the crimes to which she admitted in her statement, and was granted it in a court; Case got a limited promise from an assistant prosecutor not to use information from a specific interview against him.