Before beginning his testimony, Byron Case was certified by the Courth as a prior felony offender,(1) based upon his 1998 guilty plea for Felony Stealing.In his direct examination, Case gave an explanation of his pager's announcement,(2) aimed directly and with hostility toward Anastasia WitbolsFeugen. Two other witnesses, Kelly Moffett(3) and Tara McDowell,(4) both testified about the same matter.
Case stated his story of the events of October 22, 1997,(5) and repeated his description of how Anastasia supposedly got out of Justin Bruton's car.(6) Kelly Moffett had testified earlier how Case had formulated that story as an alibi after the murder.(7)
Case talked of the time in January 1999 when he spent 24 hours locked up on a suicide watch.(8) Kelly Moffett testified earlier about that same event.(9)
Case testified as to his version of how he and Justin Bruton drove Kelly Moffett back to her home on the night of the murder.(10) Both Kelly Moffett(11) and her mother, Debra Moffett,(12) testified about that incident. Case described his visit to the apartment of his friend, Tara McDowell,(13) later that same night. Upon cross examination, Case was reminded of Tara's version of the visit,(14), and backtracked on his original testimony.(15)
Case testified that he had helped Kelly Moffett run away from home in May 1997,(16) with different details and inflections than Moffett's testimony,(17) and that of her mother's.(18)
Case explained in his testimony why he and Kelly Moffett accompanied Justin Bruton when he went out to pick up Anastasia,(19) contradicting Moffett's earlier testimony as to his motives.(20)
Case offered an explanation(21) of the June 5, 2001 phone conversation between himself and Kelly Moffett;(22) Moffett described the conversation much differently than Case,(23) and Prosecuting Attorney David Fry gave his own analysis of Case's explanation.(24)
Case also offered certain testimony with some minimal documentation. He spoke of having had strep throat(25) when Kelly Moffett called him on the night of June 5, 2001, but offered as proof a doctor's bill that did not list the doctor's diagnosis. In other words, Case's testimony about how sick he was that day was supported only by the fact he saw a doctor that day, without any proof of what condition he was in at the time. Case spoke of conversations he'd had with a counselor about being "co-dependent",(26) though he gave no details or corroboration. Case also offered evidence to show that his car had been worked on for a bad water pump(27), but could only show that the car had been in the shop the week after the murder, and had nothing but his own word as to when the car was inoperable.
Please note that the boldfaced remarks are significant statements, either from the defendant or prosecution. Redfaced remarks note the more than three dozen times Byron Case stated in response to questions that he did not remember or poorly remembered pertinent facts. His actions from the stand in this matter are of interest because of his own description to Kelly Moffett of exactly how he employed that tactics with police, and how he advised her to do the same.
Page 1011 (Byron Case testimony)THE COURT:(The following proceedings were had in the courtroom out of the presence and hearing of the jury:)MR. FRY:Did you want to do this prior offender status situation, Mr. Fry?MS. CRAYON:We have to get into the box. The box has been very unforgiving.THE COURT:It might be more efficient if we do it right before the jury comes down.MR. FRY:Get it together. We'll do it then. Like I said, let's we'll concludethe evidence and see where it takes us and then we'll sort of formulate our strategy once the evidence is concluded. Anything else we need to take up?THE COURT:Not right now. We think we have the correct instructions.MS. CRAYON:Do I have verdict forms?THE COURT:You should have.I don't think I have verdict forms.
MS. CRAYON:Page 1012 (Byron Case testimony)THE COURT:There is a correction on the murder 2. There is a typo on the first page.You'll need a verdict form for the lesser also. One not guilty, but the lessers I need. Anything else? We'll see you all about then.(A noon recess was taken.)THE COURT:(The following proceedings were had in the courtroom out of the presence and hearing of the jury:)MS. CRAYON:Let's go on the record. Ms. Crayon, I believe at this point in time out of the hearing of the jury, it's your desire to put in evidence regarding prior offender status that's been alleged in the indictment?THE COURT:Yes, Your Honor.MS. CRAYON:I guess it's the information in lieu of indictment, actually.Your Honor, in line with the -- we filed a motion for leave to file an amended information, and I believe that was granted in April by you. And in supporting our request, I'm going to offer State's Exhibit Numbers 23 and 24 to the Court.
Page 1013 (Byron Case testimony)THE COURT:I'm going to ask the Court that, based on those exhibits, that you make a finding that the defendant is a prior offender under Section 558.016 in that he has been convicted of a felony as follows:That on or about August 8th of '96, the defendant was convicted of a felony of stealing, a Class C felony, in case number CRI96-996FX in Division 1 of the Circuit Court of Clay County, Missouri.
In support of that I offer State's Exhibits 23 and 24 for the Court's consideration. I'm showing them to defense counsel at this time. 23 being the actual complaint that was filed and 24 being the judgment and sentence that was filed.
MR. LANCE:All right. Mr. Lance, do you have any objection to me considering State's 23 and 24?THE COURT:No objections.MR. LANCE:All right. Do you have any record you wish to make?No, Your Honor.
THE COURT:Page 1014 (Byron Case testimony)MR. LANCE:All right. Based on the evidence that I have seen, I find that this defendant, Byron Case, with the same name and same birth date as the defendant in this case pending in Jackson County, Missouri, was charged with the crime of burglary in the second degree on or about the 16th day of May of 1996, and that subsequently, on the 30th of December 1998, defendant was sentenced to a reduced charge of stealing.THE COURT:Judge, I think they actually just dropped Count 1.Excuse me. They dropped -- that's correct. Count 2 was, in fact, stealing. Count I was dismissed. He pled guilty to Count 2. On December 30th 1998, he was sentenced to six months in the Clay County jail. Execution of sentence was suspended. He was placed on probation for a period of five years.Further, that under law of the State of Missouri, that makes him a convicted felon, thus, he is subject to prior offender status, which effectively means that the issue of punishment will not go to the jury; and, should a guilty -- effectively in this case what it means, if there is a guilty finding on the lesser included offense and as to Count 2, that the sentencing issues will be left to the Court. Anything further?
MR. LANCE:Page 1015 (Byron Case testimony)THE COURT:Nothing further.MR. LANCE:Any reason we shouldn't bring the jury down?MS. CRAYON:No, Your Honor.THE COURT:No, Your Honor.MR. LANCE:Wait. One thing. Did you want to make any record with your client about the tesfifying situation?THE COURT:I don't request that.THE DEFENDANT:okay. I'm not going to make any record with him other than, Mr. Case, I do advise you now, in open court that as a defendant, you have the right to remain silent and not testify and you also have the right to testify if you so desire. If you do testify, obviously you'll be subject to cross examination. Do you understand that?THE COURT:Yes, I do.THE DEFENDANT:Is it your desire to testify in this cause?Yes, it is.
THE COURT:Page 1016 (Byron Case testimony)Let's bring the jury down.THE COURT:(Tbe following proceedings were had in the courtroom in the presence and hearing of the jury:)MR. LANCE:Everybody please be seated. Mr. Lance, you may call your next witness.THE COURT:The defense calls Byron Case.BYRON CASE, having been duly sworn by the Court, testified:Mr. Case, if you would step forward, if you would, sir.DIRECT EXAMINATION BY MR. LANCE:
Back to topQ.
A.Good afternoon. For the record, please state your name.Q.Byron Case.A.Mr. Case, how old are you?Q.I'm 23.A.What's your address?Q.6608 East 96th Terrace.A.In the City of?Q.Kansas City, Missouri.A.Did you shoot and kill Anastasia?No.
Q.Page 1017 (Byron Case testimony)A.Were you friends with Anastasia?Q.Yes, I was.A.And you attended her funeral?Q.Yes, I did.Back to topYou just said you're friends with Anastasia. What about the voice message you once had on your pager where you said if this is Anastasia -- well, first of all, what did you put on your pager?
A.Q.At one point in time I had left an outgoing voice message on my pager, which said something to the effect of: This is Byron. Please leave a message unless this is Anastasia, in which case I won't -- something to the effect of I won't bother returning your call.A.All right. If you tell the jury she was your friend, why would you leave that kind of a message on your pager?At the time there was -- it was a situation you kind of had to have been there I think to really understand, but it was like she and Justin had this relationship that, as you've already heard, has been just on-again-off-again. And every time they broke up, she would always either confide in me or in Tara or in other friends.
Page 1018 (Byron Case testimony)Q.And it got to a point where she would call as many as 10, 15 times day, and it really put a strain -- I mean, it was difficult to be -- to be honest, it was difficult to maintain friendship with her just because of the fact that she was so obsessed with Justin and keeping their relationship together that -- I don't know.A.That's fine. During the last few weeks before Anastasia's death, did you notice any unusual behavior by Justin Bruton?Q.Not really much more than usual. I guess he had been using a lot of drugs more recently, I suppose. There was one incident, I believe Tara McDowell spoke on that while she was up here, but where he had taken a very large quantity of LSD. And for probably four days, five days, was just pretty much out of his mind. I don't know. We were really worried about him. He was hallucinating, and I don't know. Other than that, though, I mean there wasn't really anything that was more unusual than normal.A.What about the story about voices coming up through the floor?Q.Yeah. I remember that.Was that anywhere near the proximity to the time of Anastasia's death?
A.Page 1019 (Byron Case testimony)Q.I believe So. I don't recall specifically.A.By the time when Anastasia's death, in October of '97, was Justin Bruton still going to classes over at UMKC?Q.No. I don't recall specifically if he had just stopped going or if he had officially dropped out, but he wasn't going. I know that.A.Did you ever hear about any plans or schemes to rob his parents?Q.Yes, and -- well, yes. It was never -- it was never something that we -- Justin was always coming up with something, and most of the time I think it was safe to say that most of the time it was just kind of -- it was just joking around. I know that sounds -- I don't know. It sounds kind of twisted, but he, you know, he never -- we knew he wasn't going to go through with anything. It was just -- he had this thing about planning everything.A.When he mentioned robbing his parents, did you ever take that seriously?Q.No.Did you ever get in the car one night with him and head for Oklahoma to do that rob them?
A.Page 1020 (Byron Case testimony)Q.No, no, I didn't.A.Do you know if Justin ever got in the car one night and headed to Oklahoma to do something like that?Q.I had heard from both him and Anastasia that they had gone -- they had gotten in the car and Justin was I guess seriously considering this. He had the intention, I suppose, of doing this, but Anastasia basically, from what I heard, she talked him out of it and convinced him to just turn the car around. I don't know. From what she said, they didn't go very far so.A.What about this other plan or scheme to put a bomb in a church or do something to the church in Independence?I don't really remember the specifics about that. That was just kind of another one of his -- I mean, he did have a plan about that, but you know, it was so ridiculous. I mean, no one -- I mean, he was talking about plastic explosives, I think, and we were all kind of thinking, well, that's -- you know, how is a 20-year-old guy who is living on the Plaza, how is he going to get a hold of plastic a explosives? So it was so outlandish, we never thought anything about it.
Q.Page 1021 (Byron Case testimony)A.Let me switch topics for a second and ask you about the two audiotapes. There were two audiotapes played for the jury at this trial.Q.Uh-huh.A.And do you believe that was your voice and Kelly Moffett's voice on the tapes?Q.Yes, I believe so.A.And this would have been June 5th and June 7th of 2001; is that your understanding?Q.Yes.A.Now, was there anything unusual happening with your health in that same time frame?Q.Yeah. I had been -- I think safe to say I was bedridden. I had had fever for about a week beforehand I believe, before those phone calls anyway, and I had been vomiting and just basically sleeping and, you know, sweating. Sweating it off.A.Did you ever obtain services of a doctor?Q.Yes, I did.A.Can you remember the date that you finally went to the doctor. Would it help to --Q.Yes.I'm going to hand you what's been marked Defendant's Exhibit 31 and ask you if you've ever seen that document before?
A.Page 1022 (Byron Case testimony)Q.Yes, I have.A.Is that a reflection of medical records of when you went to the doctor that week?MR. LANCE:Yes, it is.MR. FRY:At this time defense offers Exhibit 31.THE COURT:No objection.MR. FRY:You say no objection?THE COURT:No objection.BY MR. LANCE:31 shall be admitted into evidence.(Defendant's Exhibit 31 was received into evidence.)
Q.
A.Mr. Case, does Exhibit 31 reflect the date that you went to the doctor's office?Q.Yes. It was June 6th of 2001.A.When you went to the doctor June 6th, did you receive a diagnosis of any kind?Q.Yes. They told me that -- well, the doctor told me that I had a fever of approximately 103 and I had strep throat, and he placed me on antibiotics and I believe painkillers as well.All right. And you said that the doctor gave you that on June 6th?
A.Page 1023 (Byron Case testimony)Q.Yes.A.So that, when Kelly Moffett called you on the first tape, that was June 5th you think or --Q.That's correct.A.Almost midnight?Q.I believe so, yeah.A.On June 5th in the late evening hours, what were you doing just before Kelly Moffett called you?Q.I had been sleeping.Back to topAll right. When she calls you and starts talking about the shooting of Anastasia, is there any particular reason why you did not deny that you had committed the shooting of Anastasia?
A.Q.To be honest, I was so out of it I didn't really remember most of the conversation , but I would say that I think I may have just misunderstood what she was talking about, exactly. I assumed -- I don't know. You know, she had called me many times before upset, and I just kind of thought that this was just another one of those phone calls where she was calling and she was upset and wanted my input.All right. Is it fair to say you were awakened and right into the phone call?
A.Page 1024 (Byron Case testimony)Q.Yes.A.And you had been sick with strep that entire week?Q.Correct.A.Switching topics back to the week of Anastasia's death, October 22nd 1997, at the time that Anastasia was murdered, did you have a car at the time?Q.Yes, I did.A.Was your car available to be driven at that time?Q.No, it wasn't.A.What was the problem with the car?Q.It was broken down. At the time, I didn't know what it was. I believe there was the water pump had gone out, and I couldn't drive it more than five minutes before it would just overheat and die.A.Was the car broken down before October 22nd that night?Q.Yes, I believe it was.A.Do you remember when you finally got it back out of the shop?No. Although I'm inclined to say it would have been probably around the 27th or so, 28th of that same month.
Q.Page 1025 (Byron Case testimony)A.27th or 28th of October?Q.I believe so.A.Let me ask you some specific questions about the day of October 22nd. Do you remember where you had been earlier in the day before you met up with Kelly and Anastasia? Where had you been earlier in the day October 22nd?Q.I had been at Justin's condominium and we had gone -- at one point I believe it was in the -- I would have to say fairly early afternoon, Justin either received a phone call or made a phone call to Anastasia and she was upset. They were going through another one of their periods where they would break up and then be back together.I believe at the time they were broken up. And there was a discussion on the phone. My impression was that she was just arguing with him over the relationship as she more or less always did. And she wanted to get together with him, it was my understanding, to meet and discuss the relationship in person.
A.All right. Had you been anywhere earlier that day with Justin?Well, later that afternoon, after that phone call took place, yeah, we did go out.
Q.Page 1026 (Byron Case testimony)A.Do you remember where you stopped?Q.We went over to -- I believe it was out on -- roughly I think 97th and Quivira. There is a video game store out there. We had gone in there to trade-in some of his old games that he had brought back from Tulsa that weekend.A.You were aware he had been to Tulsa the previous weekend?Q.Yes.A.Did you sell anything at the video store?Q.Yes. We traded in some things.A.I mean, did you personally trade or was it Justin's?Q.No, I didn't.A.Justin sold some of his old video games?Q.Right.A.And this is the place called Funcoland.Q.Yes.A.Now, at that point, while you were over at Funcoland over in Kansas, at that point did Justin have plans to go meet Anastasia?No, he didn't. They had made plans I believe earlier in the day, and Anastasia had -- they had attempted to make plans. I wasn't entirely clear on what had happened there.
Page 1027 (Byron Case testimony)Q.But they had attempted to make plans, I believe, and then she had said that she couldn't get a ride, so he basically said, "Okay, well, I'm not going to go pick you up, so let's just go to do this some other day."A.You had the general impression their plans were canceled at that point?Q.Yes.A.How did the idea come up that you had to go over to Independence, Missouri, after all?Q.That wasn't until some time later. We had gone from Funcoland out in Lenexa. While we were out there, I suggested to Justin that we stop by and pick up Kelly, because it was just essentially on the way. I mean, it was less than I believe five miles from where we were already. So we picked Kelly up and returned to the condo and -- let me think here. She had -- I believe there was a message on the answering machine when we returned to the condominium from Anastasia saying that she had already gotten a ride to meet him, but, you know, obviously, we hadn't received that message.A.So now plans are back on?Right.
Q.Page 1028 (Byron Case testimony)A.But Justin didn't know it until he checked the answering machine?Q.No, no.A.And at the time you got the message that Anastasia did get a ride, who all is at the condo at that point?Q.It was myself, Justin and Kelly.A.While the three of you are together, are you coming up with some plan of how you can go kill Anastasia?Q.No.A.Were there any weapons in Justin's car that day?Q.Certainly not that I was aware of.A.How did the idea come up that you were to meet Anastasia at the Dairy Queen in Independence?Q.That's where she had phoned from. Apparently there was a pay phone in front of the Dairy Queen and she had -- apparently she had -- I'm sorry, no. She had called originally from her parents' house. Or she called again later once we had already been at the condominium. She had called from the Dairy Queen pay phone asking where he was. I believe that's -- yeah.A.Did Justin get that call or was that a message?No. He did receive that second phone call, yes.
Q.Page 1029 (Byron Case testimony)A.Who made the request to meet her at Dairy Queen?Q.She did.A.Anastasia made the request?Q.Correct.A.And did you even know where the Dairy Queen was at?Q.No, I had no idea.A.Did Justin know where this Dairy Queen was at?Q.No, I don't believe he did.A.How did you find the Dairy Queen?Q.She had -- Anastasia had given us directions.A.That afternoon, did you and Justin together ever ask Kelly Moffett to make a phone call to get Anastasia to go over to the Dairy Queen?Q.No.A.So at some point you leave Kansas and head for Independence?Q.Missouri. Because we had already left Kansas.A.I'm sorry. You're at the condo. So at some point you decide to leave the condo and go to Independence?Q.Right.A.On the way to this Dairy Queen in Independence, was anybody in the vehicle drinking?No.
Q.Page 1030 (Byron Case testimony)A.Justin is driving?Q.Correct.A.It's his car?Q.Right.A.On the way to the Dairy Queen in Independence, was anybody doing drugs?Q.No.A.Was anybody planning to kill Anastasia?Q.No.A.What happened when you arrived at the Dairy Queen?Q.When we got there, I believe we all got out of the car and sort of walked along a side of the building. I vaguely recall having seen her sitting just inside the door. It had large plate glass windows. Anastasia saw us walking up. Got up. Walked around to the -- walked around to the entrance and met us just outside the door, I believe.A.Everybody got in Justin's car?Q.Yes.A.And you proceeded to the Mount Washington --Q.Yes, we did.A.-- which is right across the street?Right.
Q.Page 1031 (Byron Case testimony)A.When Anastasia came walking out of the Dairy Queen, what was her general attitude?Q.She was very upset with Justin for being late, with everyone. Usually, when Anastasia got upset, if you were in the area, you were kind of in a crossfire.A.I understand. Did Anastasia appear upset that you and Kelly were there that evening?Q.I know that she had expressed that she didn't want us to be there. So I'm not -- she didn't specifically say that to me, but that was my impression.A.Your impression was she wanted to speak to Justin alone?Q.Right.A.What happened as you drove over into Mount Washington Cemetery?We drove into the cemetery, and there was one particular place that she, I guess, had originally agreed to meet Justin. We drove around to that building. It was already dark at this point, so it was fairly dark in the cemetery. And we knew that -- well, I knew at least that most cemeteries, at dusk, they usually close their gates.
Page 1032 (Byron Case testimony)Q.So when a car pulled up behind us, I suggested to Justin that we just continue on.A.You assumed it was the grounds keeper?Q.Yes, I did.A.At that point did you drive through Mount Washington and exit Mount Washington Cemetery?Q.Yes, we did.A.Justin still driving?Q.Yes.A.Where was Anastasia seated in the vehicle?Q.She was in the front passenger seat.A.Where were you in the vehicle?Q.I was behind her.A.Where was Kelly Moffett sitting?Q.She was behind Justin.A.After you left Mount Washington, did you drive to the nearby Lincoln Cemetery?Q.No, we did not.A.Did you go there at all that night?Q.No.A.On October 22nd 1997, did you know where Lincoln Cemetery was located?Q.No. I had no idea.A.Ever heard of it?No.
Q.Page 1033 (Byron Case testimony)A.Shortly after driving out of Mount Washington, did you drive west on Truman Road?Q.Yes.A.Did anything unusual happen at the stoplight at I-435 and Truman Road?Q.Yes. Anastasia -- well, Anastasia and Justin had been arguing in the car pretty much since we picked her up at the Dairy Queen. And at that point, Justin made a comment that -- I guess she -- kind of made her blow her top, and she got out of the car at the stoplight.A.I know it's been five years, but for the benefit of the jury that was not there, can you try to remember that last comment that made Anastasia blow her top?Q.It was something to the effect of -- well, Anastasia had asked Justin something to the effect of: Why don't you love me anymore? And Justin had said: I don't know. That was pretty much it. I think it was more the way he said it and they were looking at each other at the time and I think it just kind of hit home.A.All right. When the car stopped at 1-435 stoplight, what happened?Anastasia got out of the vehicle, and I presume started walking.
Q.Page 1034 (Byron Case testimony)A.You didn't pay particular attention to where she was walking?Q.No. I just -- after they made that comment, Kelly and I were sitting in the back seat, and I just kind of looked over at Justin and was waiting to see what he was going to do. I mean --A.Did he turn around and try to go get her or anything?Q.No.A.As she was getting out of the car, did you say anything to Anastasia?Q.No, I didn't.A.Did you know which direction Anastasia walked off?Q.No.A.Where did the three of you go after Anastasia had jumped out of the car?Q.Well, we waited briefly at the stoplight and then nobody really said anything. Justin just kind of looked at the road, and we just drove back to his condo.Did anything unusual happen while you were back at the condo?
A.Page 1035 (Byron Case testimony)Q.No, not really. We had just -- we more or less just walked in the door. I got a page and it was from my friend, Abraham. I called him and he had said that he had some stuff -- that he needed a favor he wanted us to do. He wanted me to -- he specifically, I don't know that he was aware of my car situation, but he needed to ask if it was possible for us to take some stuff over to his ex-girlfriend's house, Tara McDowell, and also pick up some of his belongings as well.A.Who spoke to Abraham Kneisley on the phone?Q.I did.A.Did you agree to do this favor for Abraham Kneisley?Q.Yes, I did.A.Even though you didn't have a car?Q.Right. Well, I spoke with Justin just briefly, and he said yeah, that's fine.A.So did the three of you then leave Justin's condo?Q.Yes, we did.A.Where did you travel next that evening?We drove directly over to -- well, it wasn't Abraham's house.
Page 1036 (Byron Case testimony)Q.It was he was housesitting for his friend, Paul Riot, who I kind of knew or had met in passing at least, but his friend was out of town so he was there by himself, and we just went over there.A.Did you and Kelly and Justin go in?Q.Yeah, we did.A.So Abraham Kneisley saw all three of you together?Q.Yes.A.Were you able to pick up this packet or belongings or whatever to deliver?Q.Yes. It was just a paper sack, but I think it had some pants or something and a letter maybe. I don't know. But we did pick it up. I'm sorry.A.Sure. And did you go directly from this location where Abraham Kneisley,-- did you go directly then over to Tara McDowell's to deliver the package?Q.No. It was getting too late. Kelly had to be home by 9 and so we basically -- we were ready I think we were already concerned about running late, Justin was, because he drives -- drove kind of slow. So we headed directly over to Kelly's parents' house and dropped her off at home.At Kelly's parents place, did you yourself make a big show of the fact that Anastasia had jumped out of the car and walked away on foot?
A.Page 1037 (Byron Case testimony)Q.I mentioned it, but I certainly wouldn't say it was a big show.A.Was that very, very unusual behavior from Anastasia at that time?Q.Yes and no. It had never happened before certainly, but I mean, when she would be over at Justin's condominium and they get in an argument, she would just kind of get upset and storm out, and she would go on a walk on the Plaza for awhile and then eventually she would come back.A.All right.Q.So along those lines, I guess storming out, no, but certainly getting out of the car, that was something odd.A.After you dropped off Kelly Moffett at Kelly's home, where did you travel to next that evening?Q.We dropped Kelly off and then drove to Tara McDowell's apartment and dropped off the stuff that Abraham -- or that we picked up from Abraham's house.A.So you did meet Tara McDowell face to face that evening?Q.Yes.Do you know how long you stayed at Tara McDowell's apartment?
A.Page 1038 (Byron Case testimony)Q.Brief, very brief. We handed her the stuff, talked for a little bit. They had broken up, and I was kind of siding towards -- since I had known Abraham longer, I was kind of siding more toward him. So we didn't really speak a great deal while I was there.A.At any rate, did you deliver the package as requested?Q.Yes.A.And you say you, in fact, received something back from Tara?Q.I believe we were there to pick up the key to Abraham's vehicle. It was like a spare key that he had had that he wanted back, There may have been some other stuff. I don't really recall that too well.After dropping off the package at Tara McDowell's, did you go anywhere else that evening?
A.Page 1039 (Byron Case testimony)Q.No. Justin took me to my mother's apartment, which was where I was living at the time, and we hadn't really discussed anything about plans for the evening. So he just basically drove me into the back lot, and we parked there for a second and he says, "Well, I'll see you tomorrow."A.Can you estimate for the jury what time that was when you were driving back home at your mother's apartment?Q.Yeah. It was right at like 6 after 10. I looked at Justin's dashboard clock and according to it, it was just a few minutes after 10 o'clock.A.Did Justin say anything unusual to you or act unusual as he drove off and left you there?Q.Kind of. He had said that -- he had made a comment -- I was asking him if he wanted to, you know, or where he was going or what he was doing, what his plans were for the evening, and he goes "Well, I'm just going to go home and go to sleep.A.Did you find that to be unusual?Yes. Justin's hours were such that -- he would usually be up until probably 2, 3, 4 in the morning. So it was kind of odd that at 10 o'clock he was going to sleep. But I just kind of assumed he was upset after the argument with Anastasia. And I know that when we were at Kelly's house, he had called Anastasia's house, and, you know, her sister had said that she hadn't come home yet, and he was concerned about that.
Q.Page 1040 (Byron Case testimony)A.When was the last time you saw Justin Bruton alive?Q.That was the last time.A.He drove off and dropped you off. When you went inside, did you speak to your mother at all?Q.Briefly, yes, I did.A.You said you never saw Justin alive again?Q.Correct.A.Did you ever speak with Justin Bruton on the phone after that evening?Q.Yeah. I did call him -- or excuse me -- he called me the next morning at about nine-ish, I suppose. I don't really remember what time it was specifically. I had been up late myself the night before on the computer and didn't get to sleep until fairly late. So at 9 o'clock I was still asleep and wasn't really up for being on the phone.A.At 9 o'clock the nqxt morning when the phone rings, did you know Anastasia had been killed?Q.No.A.Were you expecting any phone calls?Certainly no.
Q.Page 1041 (Byron Case testimony)A.And what did Justin talk about when he called you at 9 o'clock in the morning?Q.From what I can remember it was just, "Hey, how is it going? Do you want to get some breakfast?"And I said, "Well, not really. I was asleep." And I said, "Why are you calling me this early?"
And he said he had trouble sleeping.
A.Any further conversation?Q.I said, "Well, I am sleeping, and I would like to get back to sleep." And so I just said, "I'll talk to you later."And he says, "Okay, well, I'll call you this afternoon."
A.You kind of cut him off?Q.Yeah.A.Did you ever speak to him on the phone again?Q.No, I didn't.A.When did you learn about Anastasia's death?Q.It would have been the 23rd of October in the afternoon. I don't remember the specific time. Probably around five or maybe six.A.So this is the same day that Justin calls at 9 a.m.?Yes.
Q.Page 1042 (Byron Case testimony)A.How did you hear about Anastasia's death that afternoon?Q.I got a page ftom my friend, Abraham, and it had "911" extension on the end of it, so I knew that it was pretty urgent, because Bram -- excuse me -- Abraham never did that. So I called him right back. I was over at a friend's house, another friend's house. I called him right back, and he asked me if I had seen the news. I told him no, I hadn't, and he said, "Well, I did, and I just saw that Anastasia is dead."A.So you heard this from Mr. Kneisley?Q.Right.A.What did you do? How did you react?Q.I was confused. I had asked him I think two or three times what he had said just to be sure -- just to be sure that I got it right. When it finally had sunk in, my immediate response was, "Let me let you go. I'm going to call Justin." So I tried calling Justin, and he wasn't home. And then I believe I may have called -- I believe I called Bram right back.So your immediate reaction was to try to call Justin?
A.Page 1043 (Byron Case testimony)Q.Right.A.That same week were you interviewed by the police?Q.Yes. Yes, I was. Just the next day.A.So it would have been October 24th 1997 the police interview you?Q.Right.A.Did you go in voluntarfly speak with them?Q.Yes, I did.A.Gave a full statement?Q.Uh-huh.A.And you were interviewed later again, weren't you?Q.Yes.A.Did you tell the truth to the police?Q.Absolutely.A.Let me skip over to around Christmastime of 1997. Were you still dating Kelly Moffett at that time?Q.Yes, I was.A.Do you recall what you did around Christmastime 1997?Q.(There was no response.)A.Was there anything significant happening in your life at that time?My father had died Christmas Eve.
Q.Page 1044 (Byron Case testimony)A.About 60 days after Anastasia was found murdered?Q.Yes.A.Do you know what you did Christmas Day, the next day?Q.I went to a family gathering at my aunt's house.A.What's your aunt's name?Q.Nancy Nolker.A.And did anybody travel with you to the family gathering at Nancy Nolker's?Q.Yes. Kelly did.A.And did you continue to date Kelly through the holidays and on into 1998?Q.Yes, I did.A.When you and Kelly finally stopped dating, do you remember who broke up with whom or how that ended?Q.I believe ultimately she broke up with me.A.Why do you hesitate?There was a period where we kind of went through the same -- wouldn't say the same thing as Justin and Anastasia did, but we would break up and get back together I would say four times, maybe even five. I'm not sure. That's just an estimate.
Page 1045 (Byron Case testimony)Q.You know, invariably what would happen is we would somehow end up getting back together, either through, you know, me kind of -- I don't know saying, you know, let's -not break it off, you know. We're good together, et cetera.A.All right. But you think the last and final breakup Kelly broke up with you?Q.Yes.A.And after that breakup, did you and Kelly continue to have contact?Q.Yes. Every once in awhile.A.All right. And did you ever have the impression that she was pursuing you later on, even though she had broken up?Q.Yes.A.How did you receive that impression?Q.She would -- there was a period where we didn't speak to each other after the breakup. I was upset with her. She was upset with me. We just we didn't talk. But then I couldn't be specific on when, but she made a phone call to a -- this all kinds of blends together because there were so many of them.A.Sure.She made a phone call to me, and she wanted to get together and just hang out. There were other times when she was more specific.
Page 1046 (Byron Case testimony)Q.She says, "Well, you know, we were so good together." I don't know. She would want -- it sounded as though she was trying to get back together with me, but --A.How did you react?Q.I told her I wasn't interested. Either I was seeing someone else or I just didn't want to date anyone at that time. Certainly not her.Back to topDid she ever retaliate back against you when you refused to date her or refused to talk to her?
A.Q.No. There was one instance, though, when we were on the telephone, and I couldn't remember the exact conversation if you asked, but I do remember that we were arguing. This was I believe a month after we broke up I guess, Maybe not even that. Maybe it was just a few weeks.A.So to frame the picture, a month after you break up, you're talking on the phone with Kelly Moffett again?Right. I know it was early 1999, and I was on the telephone with her; and we were just arguing about something. I don't remember what. But at some point, she had made reference to getting back together. And I had told her that I wasn't interested. She is kind of pressing.
Page 1047 (Byron Case testimony)Q.She wasn't really pressing the matter. But she was kind of rambling about it, and I kind of cut her off in the middle of the conversation and just hung up on her.A.Was there any retaliation by Kelly Moffett?Q.She apparently called the police. Maybe 911. I'm not sure. But she called the police and told them that she had just gotten off the phone with her ex-boyfriend who was suicidal and had threatened to kill himself with I guess a knife or something in the house. I'm not sure.A.In the phone call had you been suicidal?Q.No.A.Or threatening to harm yourself?Q.No.A.And you ended the phone call by hanging up on her?Q.Right.A.Did the police or anyone arrive at your home?Yes. I was in my apartment. I was on the computer, and I got a knock at the door which I thought was kind of odd, because I wasn't expecting anyone that evening. And there were maybe four officers, Kansas City, Missouri Police Department officers, at my door.
Page 1048 (Byron Case testimony)Q.They told me -- they sort of pushed their way into the apartment without really saying much, and I was confused and a little bit frightened, but they instantly started asking me things like, "Are there any sharp objects in the house? Do you own any guns? Do you have any prescription medication?" Things like that.And then they proceeded to explain to me that they had received a phone call -- from what they said, "We got a phone call from your girlfriend who said you were going to try to kill yourself."A.Was there any truth to that?Q.No, no. Like I said I was just sitting on my computer when they came over.A.And did the police take you anywhere that evening?Q.Yes. They took me to Western Missouri Mental Health. It's near KU.A.Did you protest? You didn't really want to go there?Q.Yes.And what did the police and the doctors there say?
A.Page 1049 (Byron Case testimony)Q.They said there was nothing that they could do, that I believe she had to -- "she" being Kelly -- had to issue some sort of permission or something like that before I could leave or they had to keep me for observation, they said.A.How long did they have to hold you for observation?Q.I believe it was 24 hours initially and then they were talking about an additional 24 because Kelly wasn't giving permission to let me go or something like that.A.How long were you actually there at Western Missouri?Q.I don't really recall. I was so upset and it was just -- it was a disturbing situation.A.If I told you the record showed 24 hour observation, does that sound about right?Q.Probably.A.And so you were held at Western Missouri for 24 hours based on this phone call from Kelly Moffett?Q.Right.Now, moving way ahead -- that happened in 1999. Moving way ahead to the year of 2000, do you recall a specific time when you decided to move to St. Louis, Missouri?
A.Page 1050 (Byron Case testimony)Q.Yes, I do.A.And what precipitated your decision to move to St. Louis, Missouri?Q.Quite a few reasons really. One of them was that was tired of being accessible to -- specifically to Kelly. I didn't like the fact that she was constantly trying to meddle in my life and -- I don't know. I wanted to get away from her. She kind of -- well, she was acting like the traditional psychotic ex-girlfriend, and I didn't want any part of that. And I felt I had done everything I could to avoid that. I told friends, "Don't give out my number to anyone unless you know specifically who it is." You know, "Don't give out my address." Things like that.A.About this time, did you have a friend who happened to be moving to St. Louis, Missouri?Q.Yes, I did.A.What was her name?Q.Jamie Smith.A.Was Jamie Smith someone you dated?Q.No.She was a friend who was moving there?
A.Page 1051 (Byron Case testimony)Q.Yes. Well, we had talked about it, and she was from there originally. We had made the decision together to move there. We kind of discussed it, and I talked about moving. And she said, "Well, I've been kicking around the idea of moving back to St. Louis."A.Is it true she moved there a little bit before you did and then you --Q.I think it was two weeks maybe before I did.A.Can you tax your memory? Can you remember the exact date you moved to St. Louis?Q.Yeah. It was September 13th 2000.A.Was there anything -- or bow do you remember that date so specifically, September 13th?Q.I believe it was a Friday and the number 13 kind of struck me as odd. I don't know.A.Friday the 13th?Q.Lucky number 13. 1 was thinking, well, this could be a change.A.Did you see Kelly Moffett in person shortly before you moved to St. Louis?Q.Yes, I did.A.Can you describe where that was at?Q.That was at my apartment there in Kansas City.If you were trying to avoid Kelly Moffett, how did it happen that she visited you at your apartment in Kansas City?
A.Page 1052 (Byron Case testimony)Q.I have no idea.A.Was there a phone call or did she just show up?Q.Well, yeah. There was a phone call.A.Tell us about the phone call.Q.I vaguely remember it. Unfortunately, I can't recall specifics. But it was basically, she called -- she was -- I had known from a previous phone call that she had made to me -- I don't know -- maybe a month beforehand that she had either been kicked out of her parents house or had just left. I'm not really certain.A.And then what happened at this phone call?Q.This was just basically her saying kind of -- it was sort of an extension of the first phone call that she had made, where she was describing her living situation. And she expressed that, well, the place I'm living now, we got a phone, but we don't have running water, and I haven't eaten anything in like a day or two and --A.How did this tie into her wanting to see you in person?She had said that I was the only person that ever really cared or, you know, that she could turn to really.
Q.Page 1053 (Byron Case testimony)A.Later that day, did she come to your apartment?Q.Yes.A.And who was there when she -- before Kelly arrived?Q.It was just me and my friend, Jamie. We were at the apartment, just sitting around.A.Did someone arrive with Kelly?Q.Yeah. A friend of hers who I had never met before.A.And can you estimate how long Kelly stayed at your apartment that time?Q.It was awhile. I have no idea.A.What was the general tenor of the conversation?Q.She was just kind of -- I don't know. She was just sort of making nice, it seemed like, if that makes any sense.A.Was she aware you were getting ready to leave for St. Louis?Q.Yes.A.Do you think that affected the tenor of the conversation in any way?She did talk with me briefly about that. She couldn't -- it seemed like she couldn't understand why I would be moving. And I didn't really come out and say, "I'm moving because of you," but I don't know. I did tell her I was leaving and --
Q.Page 1054 (Byron Case testimony)A.How did she react?Q.She didn't take it too well. It was almost like -- she wasn't specifically saying, "Don't go," but she was sort of -- it seemed like she was really laying into me, trying to convince me to stay.A.Did you make it clear to Kelly Moffett that you were not giving her your St. Louis phone number?Q.I don't recall.A.Did you make it'clear to Kelly Moffett that you didn't want to have any further contact with her after you moved to St. Louis?Q.I don't believe I did. I may have said -- I may have, but like I said, I really don't remember.A.When you moved to St. Louis, did you have the understanding that Kelly had your phone number and your new address?Q.No, I didn't think they would.A.Did Kelly Moffett attempt to contact you while you were living in St. Louis?Yeah. I never spoke with her. At one point I heard a message that had been left on the answering machine at the apartment that I shared with Jamie from her.
Page 1055 (Byron Case testimony)Q.She was just saying, "Byron, give me a call." That's it.A.Did you call her back?Q.No.A.Fair to say you were trying to avoid Kelly Moffett?Q.Yes.A.Going, back to the time of Anastasia's death, was Justin Bruton your best friend at that time?Q.I would say so.A.Did he ever ask you to kill someone as a favor for him?Q.No.A.Let me ask you briefly about your dad, Dale Case. To your knowledge, did Dale Case ever own a gun?Q.No.A.Or more specifically, did Dale Case ever own a hunting rifle?Q.No.A.Did you, Byron, ever go out hunting with your father, Dale Case?Q.No.A.Ever once?Q.No, never.Did you ever go hunting with anyone?
A.Page 1056 (Byron Case testimony)Q.No.A.Over at your dad's place, at Dale Case's place, was there ever a hunting gun hanging on the wall?Q.No, there wasn't.A.Did you ever tell Kelly Moffett that you had taken your dad's hunting rifle?Q.No, I didn't.A.Did you ever at any time say that you wanted to know what it would feel like to kill someone?Q.No.A.Did you ever talk about the general idea of you could shoot your father?Q.No.A.Put him out of his misery or something like that?Q.No.A.What was his health situation?Q.My dad was in fairly good condition. I mean, he was -- he had been HIV positive for some years, but he was always in peak physical condition. I mean, he worked out. He was always -- he took vitaniins and participated in physical fitness competitions. Things like that. So he was in good shape.Was there ever a long period of suffering before the HIV finally got to him?
A.Page 1057 (Byron Case testimony)Q.No, no. When he finally did die, it was very sudden. He had gone on a trip to New York, and I believe he was supposed to be gone only for a week. I hadn't heard back from him after the initial weak, and I found out -- I believe it was during the middle of that second week, my aunt phoned me at home and told me that he was in the hospital.A.How long was he in the hospital until he died?Q.I believe it was only two weeks.A.So was there this long period of suffering and frail health where you commented you could just shoot him, shoot your own father, put him out of his misery?Q.No.A.Byron, did you ever hear Justin Bruton say that he wanted to know what it would feel like to kill somebody?Q.I don It believe so.A.You don't believe that ever happened?Q.I don't believe so.A.Do you have any prior convictions in state or federal court?Q.Yes, I do.What have you been convicted of?
A.Page 1058 (Byron Case testimony)Q.Stealing.A.Was the stealing charge a felony or misdemeanor?Q.It was a Class "C" felony.A.All right. What county was that conviction in?Q.Clay County.A.Do you know what year you were convicted?Q.I believe it was '98.A.Was that after a guilty plea or a trial?Q.No. That was after a guilty plea.A.And what was your final sentence in that case?Q.Six months in the County Jail which was -- they gave me a suspended imposition of sentence, I believe.A.Did you end up with probation?Q.Yes. Five years probation.A.Five years probation? So the six-month sentence, you didn't have to serve that?Q.Correct.A.Suspended sentence?Q.Correct.A.Other than the felony stealing, do you have any other prior convictions in state or federal court?MR. LANCE:No, I don't.No further.
THE COURT:Page 1059 (Byron Case testimony)CROSS EXAMINATION BY MR. FRY:Cross examination.
Back to topQ.
A.Mr. Case, I'm going to start talking about the relationships that you had with the people involved in this case; do you understand that?Q.Yes.A.First, I'm going to start talking about Justin. At the time of this murder, you had known him for about a year; isn't that correct?Q.Approximately, yes.A.And you met at a coffee house and actually became pretty quick friends; is that right?Q.Yes.A.You had a lot in common. He was a very accepting young man; is that right?Q.Yes.A.You even talked German fluently with him; isn't that right?Q.I think we did once. Maybe twice.A.You heard your mom talk about it, didn't you?Q.Yes, I did.A.Was she mistaken?That may have been one instance. I generally don't speak German with anyone except my mother so...
Q.Page 1060 (Byron Case testimony)A.Justin's drug abuse and use didn't seem to bother you in that friendship, did it?Q.It bothered me when it became -- I don't want to say when it became a problem, but certainly when it became very excessive -- or excessive I should say.A.What did you do about it?Q.I never really did anything about it.A.All right. You frequently spent the night over at his condo; isn't that correct?Q.That's Correct.A.Many of your friends thought that you two were inseparable; is that correct?Q.I would say, yes.A.Brutons, Justin's family, thought you were a special friend to Justin, didn't they?Q.Until yesterday I had never heard that, but obviously.A.Obviously Justin shared that with them, didn't he?Q.Yes.And they believed that, didn't they?
Page 1061 (Byron Case testimony)A.The Moffetts, they thought that Justin was a special friend, and you were pretty special friends with him, didn't they?Q.Yes.A.Your mother knew that the two of you were pretty special friends, didn't she?Q.Yes.A.Did she seem pretty comfortable with you spending the night there routinely, isn't that right?Q.Yes.A.In fact, you spent the night there so routinely, she almost became unaware of that, whether you were with her or with your father or with Justin; isn't that right?Q.Yes.A.All right. There were certain changes that were going on in Justin's life in the year that you knew him, weren't there?Q.Quite a few, yes, sir.A.One of those changes was Anastasia; isn't that correct?Q.Yeah.A.And that happened in, like, April or May they met, didn't they?Q.I really don't recall that. I would say yes.Don't say yes to anything that I'm questioning you about if you don't mean it. Okay?
A.Page 1062 (Byron Case testimony)Q.Okay. I don't recall.A.Well, you heard testimony the other day that they met towards the end of the school year, and by graduation, she was already moved in; and it seemed like in a month. Does that seem right to you?Q.Yeah. It was longer than a month, but yeah.A.And then she just moved right on in after she got out of high school, didn't she?Q.Right.A.And it's fair to say that they were quite infatuated with each other?Q.For a time, yes.A.At the time that they met and within a month she moved in?Q.Oh, yes.A.They even were so happy that they talked about being married, didn't they?Q.Yes.A.You heard the other day that Justin was so serious about it, he even mentioned it to his parents, didn't you?Q.Yes.Were you aware of that?
A.Page 1063 (Byron Case testimony)Q.Yeah. I remember that he had taken her down with him to Tulsa one weekend, and she had spent the weekend there and met the parents, and they expressed that to them.A.You heard the conversation that the financial support that he was receiving up here in Kansas City was going to end if they got married, didn't you?Q.No, I never heard that.A.They never came back and told you that?Q.Huh-uh.A.You heard that yesterday, didn't you?Q.Yes.A.Was that the first time?Q.Yes.A.Your inseparable friend hasn't mentioned that to you at all?Q.No.A.Did they ever talk about just living together and not getting married so that they wouldn't lose the financial support or anything like that?Like I said, they never talked about anything about their finances. I know Justin was frustrated with the idea of -- he was frustrated at the idea of living kind of under his parents' wing, but never really did anything about it.
Q.Page 1064 (Byron Case testimony)A.Pretty soon there was another change in Justin's life, was that those two started to fight; is that right?Q.Yes.A.She became a burden to Justin, didn't she?Q.Yes.A.She became a burden to you, didn't she?Q.Yes.A.You heard talk about another change in his life, dropping out of school, didn't you?Q.Yes.A.And you were aware of that, weren't you?Q.I knew that he was -- I knew he wasn't going. I didn't know if it was official or --A.Didn't know if he, for instance, withdrew from school and got the money back in his own pocket, did you?Q.No.A.He just quit going to classes?Q.Sorry?A.You didn't know whether it was just quit going to classes or quit and get the money back and just not tell the parents about it, right?No.
Q.Page 1065 (Byron Case testimony)A.Now, fair to say, you knew about his relationship with his parents and the money and school; is that correct?Q.Yes.A.And at some point in time, you knew that his parents were going to find out that he was not in school, didn't you?Q.Yeah.A.And he knew that too, didn't he?Q.Yes.A.Did you ever talk about what was going to happen then?Q.He had mentioned -- I'm trying to remember how he mentioned it or where we were.A.Was this a fairly big thing if the condo wasn't going to be available to you anymore?Q.He never said anything about that. All I know is that he had mentioned that -- he had mentioned that he had had a desire to try to get a job and, you know, support himself I know that's something that he said that he wanted to do. But he never specifically said: "My parents are going to stop funding me."In the course of your relationship with Justin and his developing a relationship with Anastasia, your relationship with Justin changed a little bit, didn't it?
A.Page 1066 (Byron Case testimony)Q.I wouldn't say so.A.You heard your mother say that you complained that didn't get to spend as much time with Justin anymore, didn't you?Q.Yes, I heard that.A.Did you complain to your mother that way or did she make that up?Q.I don't believe she made it up. I don't recall ever having said that, but...A.Okay. You knew there would be less hanging around time between the two of you, didn't you?Q.I presume so, yes.A.And there was less spending the night at the condo or, if she was there, you wouldn't spend the night there?Q.That was never an issue. I just crashed on the couch in the living room.A.Were you jealous at all of Anastasia's relationship with Justin?Q.No, not at all.I want to talk with you really quickly -- you've had sometimes, it seems, a little difficulty remembering things.
Page 1067 (Byron Case testimony)A.You certainly have prepared to come to court today and answer the charges that are before you, haven't you?Q.Yes.A.You got all the police reports. I see you have quite a stack there. You've had them the whole time, haven't you?Q.Yes.A.In fact, your mother has had that same stack of reports, hasn't she?Q.Hers wasn't nearly as complete, I don't believe.A.And Abraham's wasn't nearly as complete as yours either?Q.I never saw it. The lawyer that I had previously had sent it to him.A.Do you know how many people they sent it to?Q.I'm sorry?A.Do you know how many people they sent that to?Q.My mother and Abraham and that was it.A.Do you know how many times you got copies?Q.I wouldn't have any way of knowing that.A.In the course of this investigation, you know you gave statements to Sergeant Kilgore, didn't you?Q.Yes.And you certainly have had that statement provided to you, have you not?
A.Page 1068 (Byron Case testimony)Q.Yes.A.And you certainly have studied it, have you not?Q.Probably not as well as I should have, but, yes.A.Okay. It is a statement that, if we give the jury a little perspective, you are out Wednesday night with Anastasia; is that right?Q.Yes.A.Thursday morning, at 3 o'clock, her body is found, and she has been murdered; is that right?Q.Yes.A.The Friday after, the next day after she was found, you're in the deputy's office and you're giving a statement, right?Q.Yes.MR. LANCE:Fair to say a little worried about being a suspect in that?THE COURT:Judge, I object. May counsel approach the bench.MR. LANCE:Sure.(Counsel approached the bench and the following proceedings were had:)
Judge, I'm concerned we're going to go into the area of my client at some point did retain an attorney and then refused to talk to the police.
Page 1069 (Byron Case testimony)THE COURT:I'm not sure where the State is going here, but I'm concerned that's what the witness is going to blurt out, and that's an area that I don't want to go into.MR. FRY:Well, I hear what you're saying, but I think it would seem to me, under the circumstances, be it your client or anyone else, if they found this young lady dead and there are only three people in the world that were around her that night all three of those people, rightly or wrongly so, would have a concern about being a suspect, innocently so. To me I think it's an area of inquiry he has a right to ask.THE COURT:I may not be as eloquent as you, Judge, but I have asked a specific question about a specific statement.MR. LANCE:I think the question is an appropriate question. If we get into areas that are -- I mean, if we stub our toes, we stub our toes and deal with it. But I think the question is an appropriate question for cross examination.For the record is the objection overruled?
THE COURT:Page 1070 (Byron Case testimony)The objection is overruled.BY MR. FRY:(The proceedings returned to open court.)Q.
A.Fair to say you might have been considered a suspect at that time?Q.I knew it was a possibility, yes.A.And that's because why?MR. LANCE:Because they were questioning me.THE COURT:Objection.MR. LANCE:Did you want to make a record?BY MR. FRY:No. Go ahead.Q.
A.You were one of the last three people that ever saw her alive, weren't you?Q.Yes.A.And that was a close friend of yours, right?Q.Yes.So you either wanted to help the police for one of two reasons, giving them all accurate information; is that right? This is the close friend that was killed and you might be considered a suspect, and you wanted to just get rid of any concerns about that right?
A.Page 1071 (Byron Case testimony)Q.Yes.A.All right. You've been provided a copy of the statement by your attorney; is that right?Q.Yes, I have.A.You certainly read it prior to coming in here today and, if I asked you some questions about that statement, you're not going to be surprised, are you?Q.No. I don't believe I would.A.I would like to ask you about some of the changes in Justin's life. One of those changes is his thoughts on suicide. He had thoughts about suicide, didn't he?Q.Yes, he had.A.He had confided, in fact, to you that he had attempted suicide in the past and -- actually, quite a few attempts; isn't that right?Q.Yes, that's correct.A.Before you even met him, right?Q.Right.A.You told Sergeant Kilgore about Justin buying this shotgun, didn't you?Q.Yes, I did.But you did know Justin bought a shotgun, didn't you?
A.Page 1072 (Byron Case testimony)Q.Yes.A.And you knew he bought it in September, a month before this murder, didn't you?Q.I wasn't sure about the exact date, but, yes.A.About three or four weeks is the way you think you described it; is that fair?Q.That's correct.A.Now, there were a couple things, when you told Sergeant Kilgore about this shotgun, that I want to ask you about. One possibility for his buying the shotgun that you gave Sergeant Kilgore was it was for sport. Do you remember telling him that?Q.Yeah. I was kind of speculating on why he would have bought it.A.Why would you speculate Justin using a gun for sport? Did you ever do that with him?Q.No.A.In the year you knew him, did he ever express any interest in that sport?Q.No.A.Did he seem like that kind of a young man?Justin had so many interests that just kind of popped in and out. He would be interested in something for a week, and then he wouldn't be interested in it anymore, so...
Q.Page 1073 (Byron Case testimony)A.I'm sorry. Were you finished?Q.Yeah.A.Another concern that you expressed to Sergeant Kilgore in that very same statement was some comments that he made that he may just take this gun and shoot himself and get it all over with. Do you remember saying that?Q.I remember -- I don't remember if it was specifically in reference to that gun. But he did say at some point -- I vaguely recall him having said that, yes, that he was -- it was sort of almost an idle -- as much as that comment can be, an idle statement, "Well, I might as well go shoot myself," or something like that.A.All right. You specifically remember Justin saying something about, well, I might just take this shotgun and go shoot myself and get it all over with. You told that to Sergeant Kilgore; is that right?Q.Again, I don't remember specifically saying with that gun but...A.I asked did you remember saying that he made that statement in about the same time that he purchased that shotgun?I don't recall, no.
Q.Page 1074 (Byron Case testimony)A.Page 23. I'm going to show you page 23 of your statement. I got it underlined there to help you. See if that refreshes your recollection.Q.Yes. This is before he bought the shotgun, though--A.Right. You made that statement, and then he went out and bought that shotgun, right?Q.Time period in between, I'm not sure what it would have been, but it was before, yes.A.Now, were you concerned about him making a statement ae that?Q.Well, at the tim& he didn't own a gun, so no.A.But when he went right out and bought the gun, were you concerned with him having said that in the past?Q.I don't believe I made a connection. Again, it was just -- there were so many things that Justin said that we almost didn't even listen to half the time.A.You made the connection in telling Sergeant Kilgore that, didn't you?Q.Yes, I did.A.But you didn't make the connection back when it happened?No. No, I hadn't.
Q.Page 1075 (Byron Case testimony)A.Okay.Q.There was briefly a period before I spoke with Sergeant Kilgore when I had made that connection, and I thought to myself, Well, should I worry about this? So.A.Did you worry about it?Q.I spoke with Justin about it and he said that it was nothing so...A.When I asked did you do anything about it and your answer was, "Well, I talked to Justin about it"?Q.Correct.A.When Justin couldn't be found the day after Anastasia was murdered, you called his home, didn't you?Q.Yes, I did.A.And he was just missing then, wasn't he?Q.Yes.A.But you were so concerned about him missing that you called his home and reported that he was missing, didn't you?Q.I'm sorry?You were so concerned that he was just missing that you called his home and told them that he was missing?
A.Page 1076 (Byron Case testimony)Q.Yeah. I was concerned that he was missing, yes, in light of what had happened and no one knew where he was. I thought it was odd.A.So you called his home and told the parents?Q.Oh, his home in Tulsa, yes, yes. I didn't know, he had gone down there or I didn't know what had happened.A.When he bought the shotgun and he said that he was considering shooting himself, did you call then?Q.No, I didn't.A.When he was found dead, did that make you very sad?Q.Initially, again, it was a shock. At this point I don't even recall how I found out specifically, but I remember that -- I do remember that initially it was just kind of -- there was too much to deal with and I didn't -- I didn't really react immediately.A.Didn't have an emotional reaction?Q.My emotional reaction was to shut down.A.I want to now talk to you about Anastasia. Anastasia you knew since the eighth grade in freshman year; is that correct?Q.Yes, that's correct.Back then you weren't close friends, right?
A.Page 1077 (Byron Case testimony)Q.(There was no response.)A.Just schoolmates?Q.Yes.A.Met in coffee houses at Westport and kind of made easy that you recognized each other and got together, didn't you?Q.Well, actually what happened there was I was actually out with Justin one evening. I saw her at a coffee house, and we all, the three of us, started talking. I introduced them.A.And they started dating?Q.Uh-huh.A.And then she started staying over with Justin?Q.Yes.A.And then she moved in with Justin, right?Q.Yes.A.And you've lost track of when they started talking about marriage?Q.Yeah. During that time I wasn't paying terribly close attention to, you know, what day what was happening on. So really I would be hard-pressed to pinpoint even a month when they started talking about that.Fair to describe that relationship as a good relationship for all three of you for awhile?
A.Page 1078 (Byron Case testimony)Q.Are you referring to Justin and Anastasia and I?A.Yeah. Just good friends?Q.Yes.A.At some point that didn't continue to stay that good, did it?Q.No.A.They began to break up, didn't they?Q.Yes.A.Now, when she went through this breakup phase, I think you saw a new part of Anastasia, didn't you?Q.Yes.A.A very demanding young lady, wasn't she?Q.Yes.A.She needy of Justin, wasn't she?Q.Yeah, she was.A.Very determined about Justin, wasn't she?Q.Yes.A.She was very stubborn to let Justin just go away, wasn't she?Q.She had her moments where she would say, "Well, I don't need him anymore," but for the most part, yes.And she would turn right around the next day and call you 10 or 15 times asking about him, wouldn't she?
A.Page 1079 (Byron Case testimony)Q.Yes.A.And, if it wasn't you, it was Tara, wasn't it?Q.That's what I heard, yes.A.She wasn't going to let go of this young man at all, was she?Q.No.A.She was fighting every minute, every day to get him, wasn't she?Q.I suppose so, yes.A.She was a fighter for him, wasn't she?Q.I'm sorry?A.She was a fighter for him, wasn't she?Q.Yes.A.And that was consistent with her personality, wasn't it?Q.Yes.A.It was very disturbing to you when she was violently murdered, wasn't it?Q.Yes.A.She was one of those people that you cared about right?Q.Yes, she was.She was one of those people that mattered; is that right?
A.Page 1080 (Byron Case testimony)Q.Yes.A.Do you remember Kelly describing you as saying well, to you, there were some people that mattered and some people didn't? Do you remember?Q.Yes.A.Is that true?Q.Yes, but I should offer a qualification that I think that the way that she was referring to it implies some sort of sinister undertones to that. I'm sure that in more than one instance in my life I've said that some people matter and some people don't; but I think in everyone's lives there are people that they care about that they're extremely close to, who matter in their immediate life, and there are those that don't.A.And you categorize them fairly easily, don't you?Q.Relatively.A.Yes. Now, I want to talk to you about Kelly. You met Kelly down in the coffee shops, right?Q.Yes. Through Justin.A.How long did you know her before you figured out she was in the eighth grade?Q.How long?How long?
A.Page 1081 (Byron Case testimony)Q.It had been -- I don't know. A month maybe.A.How old were you again?Q.When I first met her, I believe I was 18.A.She was 14?Q.Yes.A.What grade school or middle school did you go to pick her up when you picked her up with your car?Q.Trailridge Middle School.A.No doubt in your mind you had an eighth grader that you were dating; is that right?Q.Yes.A.Did that seem odd to you?Q.I was uncomfortable with it yes.A.The father was uncomfortable with it too, wasn't he?Q.Yes.A.He kicked you out of the house, didn't he?Q.Yes, he did.A.Physically?Q.He followed --A.He made sure you left, right?Q.Yes, yes.In fact, that was one of the first times he found you in the house. How long had you been dating before her parents even knew about you?
A.Page 1082 (Byron Case testimony)Q.I don't know when she told them specifically. There were a lot of things she was keeping from me back then.A.How long were you dating before you met her parents?Q.I would estimate about three weeks.A.Fair to say --Q.Maybe a month. I'm not sure about that exactly.Back to topFair to say you're her big dark secret of dating, right? From her parents, right?
A.Q.You could say that, yes.A.When you are forced out of the house, two days later you heard that Kelly ran away, didn't you?Q.I'm sorry?A.Two days after you were forced out of the house, she was forbidden to date you; she ran away?Q.Yes.A.You helped her run away, didn't you?Q.Yes, I did.A.You took her over to Justin's condo, didn't you?Q.Yeah. We picked her up in Justin's car.And there were no phone calls to her parents and no contact to let her know she was safe, was there?
A.Q.No.A.Right?Q.That's correct.A.And you took her over to that condo and you cut her hair, didn't you?Q.It had been a few days, but yes.A.And then you dyed it?Q.That I don't really recall. I don't remember.A.What's the point in all that? Disguising her so she couldn't be found?Q.No, no. She had mentioned that she wanted a haircut, and I said, "I can cut your hair. It's no problem."A.The other day she didn't sound like it was her idea; it was yours.Q.I don't know what to say about that. I maintain that I -- there was no purpose in disguising it -- or in disguising her. She had made the request that I cut her hair, and I did it.A.And you're hiding out for the whole week in Justin's condo, right?Q.No. We were going out, occasionally, hanging out usual.A.Out there in Westport?Q.Yes.And you would go back to the condo and wouldn't contact her p