I'm Kelly Moffett.

How old are you, Kelly?

I'm 19.

Do you know the Defendant in this case, Byron Case?

Yes.

How do you know him?

He was my boyfriend for about a year and a half.

Do you see Byron Case in the courtroom today?

Yes.

And where is he sitting?

He's sitting right there.

For the record, can you please briefly describe what you see him wearing?

Black tie, black suit, blue dress shirt.

I ask the record reflect the witness has identified the Defendant,Byron Case.

The record will show Ms. Moffett has identified Mr. Case.

Q.

Kelly, did you know Justin Bruton?

Yes. I met him I think spring of '97 in Westport.

Do you know where he lived at the time that you met him?

Yeah. He had a condo off the Plaza, and he went to UMKC. I don't think he had a job though. His parents had a lot of money, and they would send him money for school and such.

Okay. Do you know about how old he was when you met him?

About 19 or 20, 1 believe.

Were you ever involved with Justin Bruton, other than just being a friend?

No.

And did Justin -- was he the one that introduced you to Byron Case?

Yes. I would say about May of '97, they were friends, and I met through them.

And how soon after you met Byron Case did you start dating him?

Almost immediately.

How old were you when you started dating Byron Case?

I was fourteen.

What grade were you in?

I was -- it was towards the end of my eighth grade year.

And do you know how old Byron Case was?

Yeah. He was eighteen.

Do you know whether he was still in high school or not?

No. I believe he dropped out earlier.

So did Byron know how old you were?

Yes.

How do you know that he knew? Did you tell him?

I told him. And he also picked me up from my last day of school in eighth grade. He picked me up from Trailridge Middle School.

I want to show you a photograph. While we're getting that photograph, let me ask you, regarding your relationship with Byron, how did your parents feel about it?

At first they -- I didn't even tell them about him, because the whole age difference thing, and my dad never liked him. They basically -- one time he was at my house, and my dad caught him. 1 snuck him in. My dad threw him out. Told him he could never come back. They had a talk with me, and I said -- I agreed to not see him again, so I would just see him in private.

Okay. So let me stop you for a second, because we're talking about Justin Bruton. I want to show you State's Exhibit Number 13. Do you recognize who that is a photograph of?

Yes, that's Justin.

Is that how he looked when you knew him in the summer of 1997?

Yeah. He basically wore that same outfit every day. That's exactly how he looked.

I move to admit State's Exhibit Number 13 into evidence, Your Honor.

No objection.

State's 13 shall be admitted.

(State's Exhibit Number 13 received into evidence.)

Judge, I object to the relevancy of the cutting the hair off and dying it black. I think we're starting to get into this "goth" area I'm objecting to.

And I'm not asking her anything more about the Defendant's appearance. It's about her knowing it was with the Defendant's assistance she cut her hair, and her mother is going to testify her appearance was altered with short hair. I'm not going to get Into it any further than we just did.

Okay.

I'll withdraw my objection.

All right. Obviously, if she cut her hair and he assisted in cutting her hair, had something to do with her wanting to avoid detection or whatever during this interlude period, I think it has some relevance for that. Just be careful with it. I assume Ms. Moffett is being --

Oh, yes, she knows.

Anything further?

No.

All right.

(The proceedings returned to open court.)

Q.

So after you were -- after you left home without telling your parents and were living for a week in the apartment that Justin was in with Byron and with Byron's assistance cut your hair, dyed it black, and did your parents find you?

Yes. My dad found -- came and found me there.

And you said it's after that that your parents reluctantly agreed to let you see Byron; is that correct?

Yes. Because they were just afraid I was going to keep running away over and over again.

And this is just after you got out of eighth grade?

Yes. It was that summer, I remember, because I missed a couple softball games. I had run away, and my dad was upset about that.

How often did you see Byron Case during the course of that summer?

Practically every day. After school started it was less, but just about every day.

And when you would see him, was there anybody else that you hung out with?

Yeah. Justin and Anastasia. They had already been dating at that point. In fact, she was living at the condo when both me and Byron were also staying there. It was all four of us staying there.

Were there other friends of Byron's that you would hang out with as well?

Yeah. I met Tara and Abraham quite a few times.

With Byron did you ever hang out with your friends that you were going to be in high school with?

Occasionally my friend, Carol, but no, for the most part, it was his friends and people down in Westport.

Once you were -- you said that you saw him more often when you were -- during the summertime, but with once school started, how often did you think you would see him?

About a lot of the time, four to five times a week. He would pick me up from school or he would be at my house when I got out of school about every day.

Where was Byron Case living at the time that you were dating him that summer?

He was living with his mom sort of off and on, but they didn't get along that well. So most of the time he was with Justin.

At Justin's condo off the Plaza?

Yeah.

Did you know Anastasia WitbolsFeugen then very well throughout that summer?

Yeah. I saw her just about every day.

And how would you describe her relationship with Justin Bruton?

At first it was really -- it was a mutual relationship where they were just totally infatuated with each other. He asked her to marry him. They hadn't even been dating that long until she like immediately moved in there.

After awhile, they started kind of fighting. She would move in, move out of there over and over again.

Do you know what the fighting was about?

I think Justin kind of wanted to spend more time with Byron and things like that. Anastasia and Byron would also fight about that, about how it kind of messed up like their little clique so to speak.

Justin just wasn't very committal and was madly in love with her one second, and the next minute would be apathetic towards her.

You said everything was going well in the early part of the summer. When was it they started going back and forth and not getting along as you have just described?

I don't think it helped when we moved in there. Almost probably the end of the summer, around September, something like that.

I'm going to show you what's been marked as State's Exhibit Number 14. Do you recognize who this is?

Yeah. That's Anastasia.

And is this how Anastasia looked the summer that you guys were all hanging around before she was killed?

Well, she altered her appearance. She also dyed her hair.

So her hair was lighter or darker?

Darker.

A little darker than this. But other than that, is this a fair representation?

Yeah, that looks like her.

I move to admit State's Exhibit Number 14.

No objection.

Exhibit 14 shall be admitted into evidence.

(State's Exhibit 14 received into evidence.)

I think finally he actually had a pager message like, "Leave a message if this is anybody but Anastasia, because we don't want to talk to you." I remember talking to her about that. She was pretty upset.

Now, so of the group of the four of you, did anybody have a cell phone?

No, not that I know of, no.

And who had a pager other than Byron? Anybody that you know of?

No, nobody did.

So is it fair to say, when you guys were all trying to get a hold of each other, if no one was home, someone used Byron's pager?

Yeah. Like I said, that also annoyed Byron, because Anastasia, when she was trying to find Justin, would page him.

Now, did you ever hear about the Defendant and Justin Bruton talking about any kind of activities that you have described before as schemes? Why don't you tell the jury about that.

Well, they were always looking for some type of get-rich-quick scheme. I know Justin's family, Like I said, had a whole bunch of money. So they devised some plan to drive down to Tulsa and rob his parents. I think they were even going to do, like, an armed robbery with it.

Okay. And who was part -- how did you know about this?

Because Justin, Byron, and Anastasia would talk about it in front of me.

So were you around when these plans were being devised?

No, not really. I heard like bits and pieces of it, but I wasn't there for through the most part of it.

At this time, when you're hearing all these plans, who is living together?

Justin, Byron and Anastasia.

Justin, Byron and Anastasia?

Yes.

They're all living in Justin's condo?

Yes.

Where were you living at that time?

At my house. I was still in school.

At home with your parents?

Yeah.

Where is that, by the way? What part of Kansas is that in?

Lenexa, Kansas.

Now, Other than they were going to go down and commit this armed robbery against Justin's parents in Oklahoma to get money, was there anything else that you heard them talk about?

Yeah. They had another scheme about they were going to put plastic explosives in some church in Independence for ransom money. They were also looking for money so they could run off to Europe. But none of it -- they never did any of it.

I remember one time. In fact, Byron went with them to go supposedly rob Justin's parents. They turned around like 30 minutes later and got doughnuts instead.

So they actually got in the car to go?

Yeah.

This is what you've been told?

This is what I've been told. I wasn't with them.

Who told you this?

Byron.

And in October of 1997, were you in school then?

I was a freshman in high school.

What time did you normally get out of school at that time?

2:40. That's when school let out.

How would you get home? Were you driving then?

No. I was 15 and couldn't drive.

And when you would get out of school, how would you get home?

My mom would pick me up or Byron would pick me up.

Now, you know we're here to talk about what happened on October 22, 1997?

Yes.

Now, I want to talk about -- you and I talked about this on several occasions, have we not?

Yes.

And you've talked to Mr. Lance as well. He had your deposition taken and talked about the events of that day leading up to that day; is that right?

Yes, that's correct.

On Wednesday, October 22, 1997, did you go to school that day?

Yes.

And did you come home at the normal time?

Yes.

What did you do?

I didn't feel very well so I watched TV and laid down. I ended up falling asleep.

Did you have any contact with the Defendant, Byron Case?

Yes. He called me.

What happened after he called you?

He woke me up from a nap and said that him and Justin were going to be in the area and wanted to know if I wanted to do anything, that they were going to come get me.

What happened?

They came to my house, picked me up --

Now, whose car were they driving; do you recall?

Justin Bruton's car.

I'm going to show you what's been marked as State's Exhibit Number eight and Number nine and ask you totake a look at those and tell me if you recognize what they're photographs of.

That's Justin's car.

And would you agree with me it was a two-door Honda, green-blue color?

Yes.

Do these accurately show what Justin's car looked like in October of '97 when they picked you up?

Yes.

What's the only difference between State's Exhibit Number 8 and 9?

On that one the trunk is open.

So State's Exhibit Number 9 shows the tunk open?

Uh-huh.

I move to admit State's Exhibit Number 8 and 9.

No objection.

Eight and nine shall be admitted.

(State's Exhibit Number 8 and 9 was received into evidence.)

Q.

So you said Byron and Justin showed up, and they were in Justin's car?

Yes.

Do you recall who was driving?

Justin.

And where was Byron sitting?

Front passenger seat.

And where did you sit?

In the back seat.

Shortly after I got in the car, Justin was telling me, "You know, I've been upset recently, and me and Anastasia aren't getting along anymore." He said, "Well, who is the biggest problem in my life right now?" I said, "Your parents?" I figured this had something to do with his parents and all these another schemes he came up with. He said, "No. I'm talking about Anastasia," He said, "Wouldn't it just be better, easier, if she was gone?" I thought he was just talking about breaking up with her again.

Now, at the time that this is happening, Justin is driving the car, and Byron Case is sitting in the front passenger seat?

Uh-huh.

is that a yes?

Yes. Sorry.

So after he says wouldn't it be better if she would be gone, then what happened?

They told me they had been talking all day about it. Well, I had been at school, so I hadn't been with them. They said they had been talking all day about plotting to kill her, and I said, "That's ridiculous. Why can't you just break up with her?" Just didn't make any sense to me.

Then Justin said Byron was going to kill her. He goes, "Well, I can't do it, so Byron is going to do it."

I said, "Well, if you're the one that wants her dead in the first place, why aren't you going to do it?" He didn't think he was going to be capable of it, and Byron always had a weird fascination with death and wanted to kill somebody anyway.

I was just, "This is ridiculous. I can't believe you guys are actually going to do this. Why are you even taking me?"

And they said they wanted me to go to Phillips 66 and make a phone call; that Anastasia was supposed to meet up with them.

When you went to the Phillips 66 gas station, where was that?

It's right off the stme from my house on 87th Street.

And when you went and made that -- what did you do when you got to the gas station?

I got out and made the phone call. I didn't have Anastasia's number or anything, so they gave me a number. I think maybe Justin dialed it for me. I'm not sure.

So you're not sure what number was put in, either you were given it or someone else dialed it, but once it was dialed, did you have a conversation with anybody on the other end?

Yes.

Who?

Anastasia.

How did you know it was her?

Because she answered the phone. She recognized my voice.

And you recognized her voice?

Yes.

And tell us briefly about that conversation?

I said, "Hi. I'm with Justin and Byron. You know we're supposed to meet." She said, "Well, yeah, you're running a little bit late, but Dairy Queen." I guess the original -- I don't know what the deal was. I guess the original plan was to meet at Mount Washington, but it got changed to Dairy Queen.

Did it seem to you like Anastasia knew about meeting up?

Yes, yes.

Now, while you are in the car and the conversation you just described to the jury, who is participating in that conversation?

Justin and Byron.

And you?

Well, I was just asking them questions about it, yeah.

But Justin and Byron both were responding to your questions?

Yeah.

Okay.

No time of day or anything. I said, "This is ridiculous. It's broad daylight. Why are you doing this in the first place? And also, you don't just pull somebody out into broad daylight and shoot them for no reason."

What was their response?

Just -- they had had it with her. Justin was acting really weird. He wasn't participating in the conversation very much. Just basically, you know, we always wanted to do something like this, and we're going to do it.

And did you believe that they were going to?

No.

Why not?

Because they always had plans like this. Byron even had some plan where he was going to call his dad out into the middle of nowhere and shoot him, because his dad had AIDS, and he thought he would, like, stop his suffering, and that never happened. It was like they were all talking like they had seen too many movies or something.

After you stopped and made the phone call and spoke to Anastasia -- let me ask you. Was there any drinking or drugs going on at that time?

Drinking. I was drinking.

What?

Jack Daniels. I think it was Byron's.

Why do you think it was Byron's?

Because he was the one that had it, and he offered it to me.

So after you made this phone call is when you remember starting to have some drinks?

Yes.

And how much do think you drank at that time and when you actually met up with Anastasia?

Not much. I had a mixed drink or so. I wasn't drunk. They weren't acting drunk either. I wasn't sure if they had been drinking or not.

Do you recall stopping anywhere between making the phone call at the 66 gas station and meeting up with Anastasia at the Dairy Queen?

No, but I'm not sure.

You just don't recall?

I just don't recall if we did or not.

When you arrived at the Dairy Queen, was Anastasia there?

Yes.

Tell me about that.

We pulled up and we could see her sitting in there. We got out of the car to go get her. I believe Justin and Byron did. Because Byron had to get out of the front seat to come around and get in the back seat so Anastasia could be in the front seat to talk to Justin.

can we approach the bench for a second.

(Counsel approached the bench and the following proceedings were had:)

we're about to get into where they went and what happened in the cemetery, and I think this might be a big chunk, so this might be a good place.

is that okay with you?

Yeah.

I mean if you --

If I can just wrap up with her that last question and tell her we're going to take a break.

That's fine.

(The proceedings returned to open court.)

Q.

So, Kelly, what you're telling us is that you and Justin and Byron all pulled up to the Dairy Queen. Where is that located?

It's right across the street from Mount Washington Cemetery. I don't know the street or anything.

But it's across from Mount Washington Cemetery?

Yes.

And you guys all make contact with Anastasia, right?

Yes.

Before we go any further, I think the Court wants to break for lunch. So before we get into anything more, I think we're going to let the judge give the jury a chance to go to lunch, and we'll come back and continue.

All right. Ladies and gentlemen, what I would like to do is we'll take a recess and I'll ask that you be back in the jury room, say, about 1:20, if that's agreeable or thereabouts. We'll try to start between 1:20 and 1:30.

The Court again reminds you of what you were told at the first recess of the Court, Until you retire to consider your verdict, you must not discuss this case among yourselves or with others or permit anyone to discuss it in your hearing. You should not form or express any opinion about the case until it is finally given to you to decide. Do not read, view, or listen to any newspaper, radio, or television report of the trial.

We'll break for lunch, and we'll resume shortly before 1.30. All rise, please.

(A noon recess was taken.)

(The following proceedings were held when the Court reconvened.)

Everybody, please be seated.

Ms. Moffet, as I'm sure you're aware, the oath I gave you at the beginning of the trial still applies.

Yes, I'm aware of that.

With that being said, Ms. Crayon, you may resume your direct examination of Ms. Moffett.

Thank you, Your Honor.

Q.

Kelly, before we broke for lunch, you talked about you met at the Dairy Queen and you met up with Anastasia. When you arrived at Dairy Queen and Anastasia got to the car, how would you describe how Anastasia was behaving?

She was pissed at Justin for being late and such. She was being nice to me. But she and Byron weren't getting along very well. I think she thought he was the reason that Justin was late, and she wasn't too happy about us being there, because they wanted to talk about their relationship, not have us be sitting there.

By us, you mean you and Byron?

Yes.

And just to review, how was everybody sitting in the car at this time that you remember?

Justin was driving. Anastasia got into the front passenger seat. I was in the back passenger seat and Byron got in behind Justin.

Once you picked her up at the Dairy Queen and you were seated in Justin's car in that fashion, where do you go?

We went across the street to Mount Washington Cemetery.

When you go into Mount Washington Cemetery, had you been there before?

No, I don't believe so. Maybe once or twice. I knew where it was, but I hadn't been there.

When you got into Mount Washington Cemetery, what happened?

Drove around for a little bit, I guess looking for a spot for Justin and Anastasia to get out and talk. We eventually ended up at a big mausoleum-type thing.

Justin and Anastasia got out of the car for few minutes. They were talking. Then there was, like, headlights flashed at us from behind us, and I thought that would be the grounds keeper trying to get us out of there. So they got back in the car.

What did you do?

Left the cemetery.

Did you get out of the car at any point at that time?

No.

Was Byron out of the car that you recall?

So Justin and Anastasia had gotten out, but you said very briefly?

Yes.

And when you leave, how do you leave out of the cemetery? Do you know? Do you go out the same way or different way?

I believe the same way. Onto a busy street.

And when you left the cemetery and you went out to this busy street, where did you go? Did you know?

We drove around. It was pretty quick. We drove around past, like, the side of the cemetery.

Down Truman Road. Because I remember we passed Erotic City and all that, and then we saw a little dirt road that went up to just into the woods. They said, "Oh, well, let's see where that leads."

Now, who is "they"?

I don't remember if it was Byron or Justin.

One of them suggested let's see where that leads?

Yeah. Because they needed a place to talk.

Then what happened?

We drove up there past a little stone building of sorts. It was like a park-type thing with a circle drive. We pulled up in there. Justin and Anastasia got out of the car to talk.

Let me stop you for a second. Do you have any idea what time it is at this point?

No. It was like -- it was dark enough to where cars had headlights.

Okay. So it wasn't the middle of the afternoon?

No.

Okay. And after you drove up there, where did Justin drive to?

(There was no response.)

Do you remember what it looked like?

Yeah. It looked like a little park, and there was a circle drive; and he drove up like into the circle drive thing.

Okay.

It was like with gravel.

And what did he do? Did he park the car?

Yes.

And who, if anybody, got out at that point?

Him and Anastatia.

Now, you're calling it a park. Could you tell it was a cemetery at that time?

No. It was dark enough to where I couldn't tell. It just looked like a little park to me.

And after they get out, tell me -- they were getting out for what purpose?

To talk about their relationship supposedly, I guess.

And what happened?

They got out of the car. They were only out of the car for a little bit. They were kind of bickering back and forth and talking.

What side of the car were they on? Do you remember?

They were on the driver's side of the car.

Okay.

Kind of towards the back a little bit.

Where were you?

I was sitting in the back passenger seat.

And where was Byron?

He was in the back driver's seat.

Were the two of you talking back there while Anastasia and Justin were outside?

Yeah. I was still questioning him as to why this -- like how long had they been planning this. Why on earth were they going to do something about this. They seemed so calm about this. It didn't seem really planned and it just seemed ridiculous.

What, if anything, did the Defendant say to you while you were sitting in the car there?

He said, "We have been talking about it all day, and Justin asked me to do it. And I want to do it, so I'm going to."

Then what happened next?

When Byron got out of the car, I looked over, and I could see Justin standing there kind of waving his arms. He was saying Byron's name, and he was saying something in German. I could see Anastasia, but she wasn't reacting. She was like standing there looking at Justin.

Where is Justin standing in relation to the car?

He was standing pretty close to the driver's door.

And where was Anastasia?

She was back a little bit further. Probably about the second window on the driver's side.

Yeah.

Did you see where Byron got the gun?

I --

How do you know where he got the gun from?

Because the trunk popped.

I'm sorry if I missed that. You said he got out of the car, and what did you see?

And I heard the trunk pop before he lifted it.

Did you see him take the gun out of the trunk?

No. But I heard the trunk pop, and I saw him

Where? Which way did he step? Explain how that happened.

He stepped towards Anastasia away from the back of the trunk, like closer to where she was.

Now, once you see her laying back, what did you do?

I started crying. They got back into the car and --

How did that happen?

And Justin was saying, "Didn't you hear me? Didn't you hear me saying stop?"

And Byron said something like, "I already had the gun out. I already had it in her face. What was I supposed to do? You asked me to do this."

And Justin kept saying, "I didn't actually think that you were going to do this. I can't believe you did this."

Then what happened?

Since it was over, Byron said they needed to go get rid of the gun. So we drove to some industrial-looking type park with train tracks and such. Byron got out of the car and threw the gun, and him and Justin switched drivers because Justin was too upset to drive.

Do you know where that industrial area is?

No.

When you came forward and told the truth in September of 2000, were you interviewed by Sergeant Kilgore again?

Yes.

And at that time, did he ask you to try to show him where it was the gun was thrown?

Yes.

Tell the jury about that.

Well, he took me on a drive to all these, like, different industrial places, because -- right off of Truman Road it looks like that. We just drove around and around. He kept asking me if this place looked familiar, that place looked familiar. Basically, it all just looked familiar to me. He wasn't very nice about asking me where was, either.

Okay. And did any of the places look familiar?

Like they all looked familiar. Finally he would say, "Well, is this the spot? Is this the spot?"

And did he ask you anything about if any spot looked more likely than another?

Yeah.

Tell us about that.

Yeah. Well, it was a -- it was a place -- he asked if this place looked familiar, because it was pretty far away from my house. We had been driving for so long, I wasn't really sure where we were.

He said something like, "If I brought people back here to like search this area, do you think they would find anything?" And I said, "Well, maybe."

Is it fair to say you don't know where the gun -- exactly where the gun was disposed of?

No. Because, when it was disposed of, it was dark, and I stayed in the car. I didn't know. I had like a kind of a vague idea of it.

All right. Back to after the gun is thrown and you observe Byron Case throw it, and he gets in the driver's side and drives, where do you guys drive to?

We drove back to the condo, Justin's condo.

On that drive from when the gun is disposed of until the condo, is there any conversation about what happened?

Yeah. Well, of course. Once again, Justin just couldn't believe that he had actually done it. He was freaked out about it. Byron was just basically like, "Well, you asked me to do it. Now we have to deal with this. What are we going to tell the police?"

Did Byron Case ever say anything that night about you or Justin's role in this?

Yes.

Tell us about that.

Justin kept saying things like, "This isn't right. This isn't right." And he said, "Well, you asked me to do this and, Kelly, you were here too. I wasn't the only one doing this." Basically, it was like stick to this story, and now what"s done is done. We have to get past all this.

And who came up with the story or how did that come about?

The basic story was that same thing had happened. We picked her up at Dairy Queen so that she could talk to Justin about their relationship. She wasn't happy that me and Byron were there, and that, after them fighting for awhile, she like threw a ring at him in the car and that she got out at an intersection like right by Erotic City and stuff. And since I don't know Independence, they said it was a bad neighborhood, so they believed something might have happened to her.

What about the actual conversation right before she gets out and what's being said between the two of them? Was there an agreement on what was going to be told?

Yeah. Just -- well, not specifically. I don't think. Just basically, "Fuck you. I'm getting out."

Justin saying, "I'm not going to chase you down. Just go ahead and get out."

Had you seen Justin and Anastasia argue in that manner before?

Oh, yeah.

You said already I believe you've seen Anastasia stomp off and walk away in a fit of anger?

Uh-huh. And Justin would ask her to move out and stuff. They got to where they fought a lot. Everybody knew she kept trying to get in touch with him, and they were bickering back and forth, so I guess it kind of made sense.

And after you went to Justin's condo, what happened when you were at the condo?

Going over and over this story again trying to collect ourselves, and Byron is like, "Come on, Justin. You have to act normal."

What was he telling you?

Same thing.

And what were you doing?

Trying to get myself together. I was just completely -- didn't even seem like it actually happened. It seemed like some sick movie or something, it all happened so fast.

And I should ask you that. About how long did it take for all of this to happen? Was it a matter of seconds or minutes?

The actual shooting? Just minutes.

So the whole thing happened pretty quickly?

Uh-huh. The whole thing, and when he got out of the car, it was like door shut, bam, and no time at all.

After the condo, do you recall where you went?

No. I believe I went back to my parents' house.

And you don't recall making any stops between the condo and your parents' home?

No.

Do you recall when you gave a statement the day after the Friday -- I should say two days after, Friday morning, the 24th, when you first talked to Sergeant Kilgore about this and you have given this story that you have made up, do you recall telling him you made a stop at Abraham Kneisley's house?

Yes.

Was it true?

It's possible, I don't remember. The whole night was such a blur.

So you think it's possible that you stopped at Abraham Kneisley's house?

Possible.

Do you specifically have a memory of stopping there?

No.

What was the reason for getting you home? Why did you have to go home?

Because it was a school night, and it would have looked weird if I was really late.

What was your curfew?

About 9, 9:30.

And I remember it was really creepy, because right after he got off the phone with her he said, "Oh, great," like her sister said something to the effect of, "Well, thanks a lot. If anything happened to my sister, it's your fault." I remember Justin was really upset about it, because he said it was really ironic. It was like she already knew something bad had happened.

After Justin makes that phone call, were you present for that phone call?

I don't think I was. I didn't hear exactly what he said to her, but I remember I was there when he hung up the phone, because right when he hung up the phone, he told me that.

Was Byron there when he was making the phone call?

I don't know. But he did hear him say that and part of it.

Okay. Did the boys stay longer at your house after that phone call?

No, they left.

Did you ever see or talk to Justin Bruton again?

No.

Did you ever talk to Byron Case again?

Yeah. I talked to him later that night.

Do you remember who called or about when it was?

No. I think it was pretty late. 11, 11:30, something like that. I was talking to him about what had happened. He just seemed like so calm about it. I was saying I don't know if I could sleep. I was supposed to go to my grandparents' house with my mom the next day. I didn't know how I was going to act.

I told him, 'Justin seemed really shaken up. Do you think he's going to be okay?"

And he said, "Well, yeah, he should be okay.

So after you talked to Byron late that night, the next morning when you get up, what do you do?

I went down to Lockwood, Missouri, with my mom to see my grandma.

And did you spend most of the day there?

Yeah. I spent the entire day there.

When you got home, did you have any contact with anybody?

Yes.

Who?

Byron. I don't remember who called who, but he told me to turn on a news station, and I saw the newscast that Anastasia's body had been found.

And what happened?

I got really upset and freaked out. Of course, the whole thing was horrible. I didn't know if the police were going to try to come talk to me, and I got my mom to give me a ride over to Byron's house.

Did you and Byron, prior to you going over there when you talked to him on the phone after you found out, did you talk about Justin?

Yeah.

Tell me about that. Tell the jury about that.

He had talked to Justin earlier that morning, and I forget what time it was, but I remember it was weird. He said Justin had called him and talked to him and had told him he was having trouble sleeping.

Justin told Byron that Justin was having a hard time sleeping?

Yeah. Justin told Byron that he was having a hard time sleeping, and I remember Byron had said something like, "Well, do you even realize what time it is? I'll talk to you when I wake up later." Like he only talked to him for a few minutes, and he was like, "Oh, you'll be fine. Go back to bed." As far as I know, Byron never talked to him again after that.

Once you saw the news and had the conversation you have just talked about with Byron, you mentioned that you bad your mom take you somewhere. Tell us about that.

Yeah. I was obviously freaked out and went over to Byron's house, because I just knew somehow I was never going to see Justin again with how he was acting. And I didn't know when the police wanted to talk to me. I couldn't hardly remember the story anymore. It was just I was trying to go over there to talk to him about it like what should we do? Should we go to the police? Should we do anything?

Where was Byron staying that day or that night?

He was at his mom's apartment in Westport.

Okay. So your mother took you over there?

Yes.

How long did you stay?

I spent the night there.

Was that unusual?

For my mom to allow me to, yeah.

And when you spent the night that night, did you talk about the story anymore?

Yeah.

is there anything further unusual that Byron next did in the next 24 hours that sticks out in your mind?

Yeah. Well, we basically quit talking about the story after awhile because, you know, "Just get over it. Act normal." And I remember he had a job interview that night at Crown Center, and I couldn't believe he was going to a job interview after all this.

I mean, all this horrible -- he was worried about going to a job interview and he can't find his supposed best friend, and he's going to a job interview. And I asked him why and he said, "Well, we have to make everything look normal."

This we're talking about is Thursday night, right?

Uh-huh.

You have to say yes or no.

Oh.

She has to record it down. And Thursday night, did either of the two of you make a phone call looking for Justin?

I didn't. I believe Byron might have.

Okay. Do you know if anybody ever called his parents in Oklahoma?

Yeah. Byron called I think and talked to his stepdad -- I'm not sure -- and told him that Anastasia was dead and that they couldn't find Justin.

When did you talk to the police?

I believe it was that Friday.

So the next morning, after you spent the night at Byron's house?

Yes. My mom picked us up, and we went and talked to the police.

When you say "us" who is that?

Picked me and Byron up, my mom did, and drove us out.

Is that when you met Sergeant Kilgore with the Jackson County Sheriff's Department?

Yes.

When you met with Sergeant Kilgore, did he talk to you and Byron separately?

Yes.

And what did you tell Sergeant Kilgore?

A story we made up.

And is that the one that Anastasia had walked out of the car?

Yes, exactly.

Did he ask you where she had gotten out of the car?

Yes.

What did you tell him?

Told him I didn't know the area very well. Intersection somewhere down by Erotic City and such. And he asked me if he could take me there to show where she had gotten out, because when he showed me a map, I really didn't have any idea.

And did you go that day with him to the area?

No.

All right. What happened? Did you ever go out there with him to try to show him?

That we -- well, he told me, I never seen Justin with it, but yeah, added that he, like, owned a gun or got some gun at Wal-Mart or something that we had seen him with.

And who told you that Justin had had a gun and bought it at Wal-Mart?

Byron.

And so whose suggestion was it to add that to the story?

It was Byron's to make it more believe -- the police were already talking to us like they just assumed Justin did it anyway.

And you had never seen Justin with a gun?

No.

Didn't know anything about the purchase of one at Wal-Mart?

No, not until Byron told me that.

When did you find out that Justin was dead?

I don't remember the exact date.

But it was after you initially talked to the police; is that right?

Yes.

And let me back you up for a second. Did you ever go over and talk to Justin's stepfather who was in town?

Yes, I did.

Where was that?

At Justin's condo.

Do you remember what night that was?

No.

Was it before or after Justin was found?

I believe it was before.

And who went over there to talk to him?

Me and Byron.

And what happened when you went to see Justin's stepfather at the condo?

Justin's stepdad was talking about how Justin had ajways been really depressed.

Okay. Did you talk with Justin's stepfather what the story was?

Yes.

Who did? Tell the jury how that conversation went.

Byron -- I was pretty nervous and upset, because I basically had a feeling Justin was dead. Byron talked to him most of the time. I just kind of sat there.

After you talked to Justin's stepfather that night before he was found, did you go back and see Justin's stepfather again after Justin was found?

Yeah, I believe so. I'm not sure.

So you don't recall whether or not?

I don't recall. I remember going to the funeral. That's about it.

Okay. Then that's my next question. Did you go to Justin's funeral?

Yes.

Where was it?

Tulsa, Oklahoma.

How did you get there?

My mom and me and Byron drove up there.

And why did you go?

I wanted to go because his whole thing just wasn't -- didn't -- it was just so awful that Justin was dead, because it was just such a situation and that wasn't like him. That wasn't his personality and --

So what happened when you got down there to the funeral?

We went in, but it was a really creepy, awful situation. His sister -- I just felt so horrible even just being there. His little sister kept crying. His parents were obviously upset, and I was only in the church for a few minutes before we left, because it wasn't the type of service that seemed like Justin would have wanted.

Didn't seem like any of his f11ends were there. I thought it would help losing him and it didn't.

Did you attend Anastasia's funeral?

Yes.

Tell the jury about that.

Objection. Relevancy.

Your Honor.

Come on up.

(Counsel approached the bench and the following proceedings were had:)

Go ahead.

What I'm getting at, she is going to testify that she didn't want to go; that Byron insisted they go, because it would look abnormal if they didn't. I can lead her through this if you want me to. I'm not expecting her to get through a lot of specifics with the funeral and what kind of service it was or anything like that, if that's what you're thinking is irrelevant.

Well, I think based on what Ms. Crayon expects her to say, I think it is relevant testimony, so I'll overrule the objection.

My life just completely changed. I quit hanging out with like hardly anybody I had been. I quit playing sports. I couldn't -- I tried to kill myself I went from just being, like, you know some normal girl in high school to all I did was do drugs and try to -- I tried to talk to Byron several times about what had happened and he's just like, "It's in the past. Let's not talk about it."

My life just got destroyed. My parents always knew something more had happened with this, but I wouldn't talk about it. Everything got -- I had gone from being like an A student honor roll to I quit going to school.

It got so bad finally my parents wouldn't even allow me back in my house, because they said I wasn't actually dealing with the real problem, and I was just doing drugs. It was awful. I went from like living in Johnson County with my family to like staying in crack houses. I didn't hang out with -- my own friends wouldn't even hang out with me.

I was in and out of rehab, and I had never been in any type of rehab or anything before that. I had never been in like a Charter type facility or anything. After that it just got worse and worse. And I kept thinking maybe something like it would get better, and it just never did.

All I did was have nightmares about this. It just completely destroyed my life, it seemed like. I'm sure it destroyed Anastasia's family's life and Justin's family's life too.

Tell us about what you observed in that continuing -- now, how long did you continue to see Byron Case after this happened?

I would say about a year or so.

And during that year you're describing, is that part of the time frame when all this was happening?

Yes. It got more so after that though, but yeah. It was getting -- downward spiral, I guess, was already starting.

One night in particular, when I was upset, my parents had to take me to Charter because I was going to kill myself, and I was telling him I wanted to go to the police with what happened. And he said, "Nobody else's lives needs to be ruined over this. It will be all right. You were involved with it just as much as I. What are your friends and family going to think? What is your mom going to think?"

And this is what the Defendant would say to you?

Yes.

Did you guys ever have a conversation about his particular role in this?

Yes.

Did you ever confront him?

Yes. That particular night I asked him, I said, "Well, how can you not feel bad about this? You're a murderer."

And he said, "No, a murderer is someone who doesn't feel bad about what they did. I feel bad about what I did, but it's over so..."

You said you dated for about a year after this happened?

Yes.

During that time frame that you continued to date, did you spend holidays together or anything like that?

Yeah. He really wasn't getting along with his mom very well. His dad was always gone. So he was always -- he was at my house for Christmas and such.

So you did spend holidays togetherand hung out with him; is there a reason that you continued to hang out with him?

Yeah. Well, he was -- I was so young when I started dating him, it was like the only -- you know, anything I could ever known and everybody else involved with this was dead. I didn't feel normal around like other people or anything.

And I wasn't trying to solicit it.

what do you want to do? It's his ox that got gored. So what do you want me to do?

My first request for relief -- I wasn't planning to do this on cross, because we agreed I wouldn't go there, but I could add in my cross that you took a stress or lie detector when you were going with the first story that you didn't know who did it and you passed.

I will add this, in the report it says that the machine -- the results were not -- couldn't be considered valid because there was a malfunction in the machine. That's what the report says. So 1 think Kelly was told that she passed, but it was not a valid result. So I mean --

what exactly did she take? Polygraph and stress test?

No. She only took a voice stress test in the report that Kilgore writes.

I would be disinclined to let you get into it. I'll be glad to tell the jury to dis-- or instruct the jury to disregard that statement if you want me to.

Well, now she is created an impression she took a test. I think I should be able to point out she took the test and passed it when she was giving the other story when Anastasia --

The concern I have is just the whole issue is just for either side to rely to any degree is -- I think the better thing for me to do, I could give a very strong and loaded instruction to disregard.

Loaded instruction of what?

To disregard.

I mean, it's kind of how you want to do it. I could basically indicate that -- I don't know. In this regard, I could tell them there is no evidence -- the jury should consider no evidence regarding this voice stress test whatsoever. I could certainly do that. That has no place to this case. Etcetera. Et cetera.

I don't request that. I think it's just drawing emphasis to it, and she has bolstered herself with it is what I think has happened.

what relief are you asking?

I'm asking on cross to be able to point out when she took the test and passed it, it was when she was telling the first story that Anastasia got out of the car and walked away, since she injected it.

Go ahead.

Well, if he's allowed to do that -- she was left with the impression that she had passed it. However, the machine wasn't operating, and that's what the report says, so that's what ultimately would come out.

I would suspect that when you get down to the nub of this situation, is that they have this; that this machine is not particularly scientifically reliable under evidentiary standards; and candidly, I suspect this machine is an interrogation tool used by the police much more so than it is by the prosecutors. That's my attitude towards it.

Yeah.

You do it, and it helps in an interrogation context. So once we open the door to this situation, you know, once you let the genie out of the bottle, it's a very difficult situation.

She jumped right into an area that was agreed to by the State that you weren't going to get into. To leave the impression that she passed the test is not particularly fair to the Defendant. That's for sure.

Judge, if I could ask for a recess, maybe I could discuss with my client whether he would be interested in seeking a mistrial at this point. I don't know if 1 want to do that until I talk to the Defendant.

We could do that. Otherthing he could do is finish the direct examination, take a recess and deal with this issue out of the hearing of the jury. If you want to take a recess, now I'll do that.

I would ask for a recess now. If we decide we're not moving for mistrial, then there is no problem.

I'll let you discuss with him the options. Sounds good. And then what we'll do is both sides can discuss various options, and if there is a police report in this area, I need to see it.

Okay.

We'll just make a full and complete record. Take all the time you need.

(The proceedings returned to open court.)

Ladies and gentlemen, we're going to take a recess.

During the recess, the Court again reminds you of what you were told at the first recess of the Court. Until you retire to consider your verdict, you must not discuss this case among yourselves or with others or permit anyone to discuss it in your hearing. You should not form or express any opinion about the case until it is finally given to you to decide. Do not read, view, or listen to any newspaper, radio, or television report of the trial.

With that being said, we'll be in recess. All rise, please.

(Court was recessed.)

(Following the recess, he following proceedings were had in the courtroom out of the presence and hearing of the jury.)

First order of business, my understanding, from talking to Ms. Carter, there was a gentleman attempting to mouth testimony talkng to the witness. Who was that gentleman? (The individual was pointed out to the court.) Sir, you need to leave.

I wasn't.

I'm telling you, you're gone.

Yes, Sir.

(The individual was escorted from the court.)

She mentioned the fact in a narrative statement -- Ms. Moffett mentioned the fact that one of the things that happened was that she took a stress test, and there may have been mention even of a lie detector test. There was no discussion of any results of that test.

And it was in response -- clearly the question by the State did not elicit that response. I think it was a narrative, and I think it was an innocent response. But clearly there was no -- the State was not attempting to elicit that response, at least that's certainly my view from the questioning.

Now, with that being said, we took a recess, because I wanted to make sure both sides could make any record they wished to make.

So, Mr. Lance, I'll begin with you. Is there a request? Do you desire to request a mistrial at this time?

No, Your Honor.

Do you require additional -- do you request anything additionally at this time?

Yes, Judge, our first request would be to allow me to -- during my cross examination, cover that topic with Kelly Moffett, go into further detail, since they opened the door.

If that request would be denied, I would at least ask a cautionary instruction be given to the jury.

Based upon the fact that this evidence is so clearly inadmissible, I think, once you get into it, it's a tar baby; and to explain it back and forth I think would just be unfair to both sides.

I'll give you one of three options or one of three things I'll do, Mr. Lance. If you want me to say nothing, I'll say nothing.

If you want me to give a traditional motion to disregard and nothing else, I will do that.

If you want me to inform the jury that there is no witness in this case who took any test regarding their truthfulness or untruthfulness that was conclusive in any way whatsoever, and further, tell them that these tests are not admissible and it would be the height of unfairness for them to consider anything about such tests, it would be unfair to consider it in any way against either side, I'll be glad to give that kind of cautionary instruction if you would like for me to do that.

I'll allow you -- if you want to suggest some language, I'll even let you suggest some language.

Defense would ask for option number 3.

All right. Do you want to suggest some language or do you want me to just handle it? You've heard the version that I intend to give pretty close.

I think you can cover it fine.

Okay.

But I think we have to give some type of instruction. I'm concerned the witness brought it up in an attempt to bolster her own testimony, and to just leave it hanging lets the jury think that she passed the test.

I understand that. So I'll be glad to -- do you want me to write something out so that you know verbatim what I'm going to say?

Yeah.

Here is what I have so far. Basically I would tell the jury this:

"No witness in this cause ever took any test with conclusive results regarding their truthfulness or untruthfulness.

"Furthermore, such tests are deemed inadmissible and incompetent as evidence in state and federal courts throughout this country.

"To consider this evidence in any way would be extremely unfair. You should disregard any testimony."

Then, if you. want me to get specific about it, I can, or I can say, "Any such testimony or any testimony regarding a stress test or a lie detector test," I'll be specific if you want me to be, or I can say any such testimony."

Just say "any such testimony" would be my --"

Okay. All right. We'll show your desire to cross examine about it. You've made that request. I have overruled it. Im giving instead this limiting instruction with input from you; is that agreeable?

That's the best we can do, Your Honor.

But I mean, I have denied your first request. I'm telling you, if you want me to work on the language, it's your --

No, if that's the instruction, I agree with that language.

I fully understand you're not waiving the right to cross examine Ms. Moffett about it, that's what you want to do, and as far as I'm concerned, I denied your first request; is that right?

Yes, sir.

And as far as I'm concerned, you have preserved any confrontational or Sixth Amendment type issues that relate to that request. Anything further?

No, Your Honor.

All right. I think it's only appropriate that I give such instruction with Ms. Moffett in the chair when the jury is here. So let's get her in the chair, and we'll go ahead.

To consider any such evidence in this case for or against either side would be horribly unfair. For that reason, you should disregard any testimony regarding such evidence.

With that being said, you may continue with your direct examination.

Thank you, Judge.

Q.

Kelly, I think you testified you talked to the police several times after the initial contact with them two days after the homicide; is that right?

Yes.

And each time that you were asked to come in and talk to the Sheriff's Department, would you make contact with the Defendant, Byron Case?

Yes, I would.

And what was his reaction when you would tell him they had called to ask you to come in and talk to them again?

He would tell me that it wasn't necessary; that they were just harassing us. "Just say you don't remember. You don't have to do it. don't do it. There is no reason to."

Now, after the two of you stopped seeing each other in a dating relationship, I think you've December of '98?

Yes.

In December of '98, between then and when you came forward to tell the authorities what really happened that night in September of 2000, did you have any contact with the Defendant, Byron Case, in that ensuing almost two years?

Yes. I had seen him in Westport. Tried to contact him on occasion when I would be real messed up and really upset about what had happened, but it didn't do any good. He didn't want to talk about it.

Yeah. I heard that he was going to move to St. Louis.

And where did you hear that?

I don't quite recall. Probably just people down in Westport and such.

Okay. So you heard that he was going to move to St. Louis, and that's what caused you to make a phone call and then eventually go to his apartment?

Yes. Because he was just leaving. I didn't have that option. I was trying to talk to him about everything, because I was thinking about coming forward, and it's like it didn't do any good. He was just running way from the whole situation, leaving me to deal with it.

Sorry?

He was just leaving me to deal with it.

And that's how you felt?

Yes, a friend of mine named Angie, and some girl was at his apartment.

And when you got to the apartment, did you try to have a conversation with those two people present?

No, not really. I talked to him about him leaving, and he knew what I was talking about. But I talked to him in private about the actual murder and everything, not in front of them, no.

Okay. But you talked about you didn't want him to leave or why he was leaving. Did you ask him why he was leavmg for St. Louis?

Yes. He said lots of bad memories and things to get away from.

Did you ask him if you would be able to contact him in St. Louis?

Yes.

Tell us about that.

I go, "Well, great. I'm just left here with this." I go, "What if the police try to get in touch with me? What if something more happens?" How am I going to get in touch with him? And he wouldn't give me a way to get in touch with him.

And when did you come forward with the truth after that conversation about how much time passed; do you know?

I'm not really sure.

Was it the next day or weeks?

No. It was longer than that. I believe it was in September of 2000.

All right. Did you ever tell either one of your parents what you had witnessed?