One rationalization given by Byron Case for his failure to challenge Kelly Moffett when she directly accused him of murder on June 5, 2001 was that he had been running a high fever at the time and was simply not coherent when he conversed with her that night.⁽¹⁾

However, Case had been speaking to Moffett quite coherently for more than three minutes⁽²⁾ at the time she specifically asked him why he felt a need to kill Anastasia. He remained silent, then she repeated the question two more times, and then he told her "We shouldn't talk about this".⁽³⁾

Case's responses seemed more from a man with guilty knowledge being suspicious and guarded than a sick and incoherent individual.⁽⁴⁾

Case testified that he had been running a fever of 103 and saw a doctor the day after his phone conversation with Moffett,⁽⁵⁾ but the diagnosis he produced as an exhibit showed that he had a temperature of 101, known as a low-grade fever, with no mention of confusion or disorientation. He was told to take an antibiotic (Pen-Vee K) and regular Tylenol. Nowhere in the doctor's diagnosis is any indication that he was too sick to communicate coherently. The jury was left with only his own unsupported claim of fever-induced confusion with no documentation to back it up.

It is interesting that his supporters claim that the diagnosis was submitted into evidence "without an explanation as to its relevance", when the document was actually discussed by Case and his attorney at precisely the same moment it was entered.