A warning.
This episode contains depictions of violence and conversations about suicide that may be disturbing and triggering for some listeners. If you are struggling with suicidal thoughts, please fast forward to the end of this episode to find out where help is available. It's been almost three years since eighteen year old Anastasia Whitbolsfugen was brutally murdered in Lincoln Cemetery. There have been no arrests in the case. No one has been ruled out.
Followings interviewer conducted on.
September twenty first, two thousand, starting in approximately thirteen oh five hours.
Then out of nowhere, a huge break in the case. Someone comes forward who says they know who killed Anastasia and they're ready to come clean. I'm Leah Rothman. This is the real killer. Episode five. We shouldn't talk about this.
Station name Kelly Moffatt, date of birth.
With the promise of immunity from prosecution, Kelly Moffatt, who went out the night of October twenty second, nineteen ninety seven with her boyfriend Byron Case, Anastasia, and Anastasia's boyfriend Justin Bruton, has now come forward to say she witnessed Anastasia's murder and she knows who pulled the trigger. Sergeant Gary Kilgore speaks with her at Mainstream Women's Center, a drug rehab facility where Kelly is doing inpatient treatment.
I understand that.
The times that you and I have previously talk that you were not entirely truthful with me.
Yeah that is correct.
Yeah, that's great, okay, and.
You are now willing to be truthful with them.
Yes.
At the time of this interview, Kelly is seventeen, about one month shy of her eighteenth birthday. She was fifteen the night of Anastasia's death.
Do you know how Anastasia died?
Yes?
Could you go ahead and tell me what it is? Did you know about them?
Where? Should I start? Just anywhere? Anything? Well, I'll start with what I know, okay, because I'm not.
Kelly begins with Justin and Anastasia's tumultuous relationship in early fall of nineteen ninety seven. She says, Anastasia had been living with Justin at his condo and they were fighting a lot. Kelly says about one week before Anastasia was murdered, Justin asked her to move out, so she moved back home with her dad.
After that, she was kind of Justin was getting upset because she was calling him constantly and showing up at his apartment and everything. Him and Anastasia. Justin and Anastesia had had plans at one point because Justin's parents were so wealthy and he didn't get along with them, they were gonna go rob them, and that didn't work out. They had I guess they had it planned out or whatever. I never saw a weapon or anything.
They tim robbed Justin's parents.
Got no as far as I know, they decided to. They started to drive down there to told to Oklahoma to his parents' house, and they ended up kind of chickening out and turning around and coming back home.
And when was this taking place, probably.
I don't know, a couple of weeks before she died, before she moved out anyway, so that was kind of when Justin's weird plans for things like started.
Did they discussing any of these?
The conversation then turns to October twenty second, nineteen ninety seven, the last day Anastasia was seen alive. Kelly says, after school, Byron and Justin picked her up, and I just figured.
It was like a normal day, like we were gonna go hang out. When I got in the car with them, they asked me if I would help them with something and I was like, well what, And Justin's like, well, you know, I've been having like a really hard time. And he goes, who's the person who's like the biggest pain in my ass right now? So I said your parents and he was like, no, they're in Tulsa. You know, they're not that big of a problem. So I was like in Anastasia and he goes, yes, and he said,
wouldn't my life be a lot easier? She wasn't like around. So that's how like all that talk started.
And where were you when this convers SAFETI was taking close in the.
Car with them, driving around j They come and picked me up, Yeah, in Justin's car.
Then did night just driving around talking about this.
HM.
Well they He was saying all this as we were on the way to a gas station where they wanted me to call her and ask her to meet her d meet them at Dairy Queen. But she knew that all it was all three of us, And when I called her, you know, they said that they he was going to get her out there and break up with her and all this, and.
You called Anna sty Yes I did from where.
From the kick sixty sixth uh gas station in Lennoxa, Kansas. And about what time is between four and five?
I'd say, okay, So in your conversation with Anna stage.
Or was what it was?
Just it wasn't long. I just called her and said, did uh Firen and Justine they were going to meetup with day And She's like, yeah, where am I supposed to meet you guys? And I just said the dairy queen?
Mkay? So she had already You've made arrangement?
Yeah, I guess sh she'd talk to 'em on the phone or earlier that day, but I'm pretty sure they were like wanted me to make the phone call probably, you know. So she told somebody, yeah, Kelly called, were going to go meet up a dairy queen something like that, because what were heppened? Okay? And so after that they were talking about how he did They did say that they were going to shoot her?
Just sh how did they come out? Uh? I mean, are you sitting.
There listening to t two people playing a a a murder?
Do you have questions though.
Yeah, basically I was like, what did you say or you know, I said, well, I didn't really think that they were gonna do it, because, like I said, the whole robbery thing and stuff before. But it was just kind of him saying, you know that he was just well, Justin was really depressed anyway, him just saying that everything would be a lot easier if she was like out
of the way and all this. And it was also they kind of had like Justin had always said that he just kind of wanted to kill somebody just to I guess to have done it in his lifetime or something like that, and Buyer and agreed to it, you know, to.
Killing somebody or specifically killing Anastasia.
I heard him talk about like kind of having like the morbid curiosity of one because when he before, but this time it was specifically her. Mkay.
And you said when they were talking about this, you said what, I.
Was like, you guys are you guys are not? So I was like, you were really not gonna do this? And it was just so stupid because it was broad daylight, I'd just gotten off school. It was like a week day and everything. I was like, you guys, don't even I mean, it just seemed ridiculous, you know. And also they had when I got in the car, they had a bottle of Jack Daniels. So they've been drinking and they've been just kind of brooding with each other all day.
I guess about this or just about something anything.
Did you see a weapon?
Uh?
Uh No, did you ever see a weapon?
The only weapon I ever saw was I knew at Byron's dad's house that I didn't think Justin never had one or anything, but I knew at Byron's dad's house there was like a hunting rifle or like a shotgun of some sort that was up on the wall at his dad's house.
Okay, Uh, if your memory serves me right, when you and I talked in the past, you told me about a shotgun that Justin out.
They just knowaned now that must have just been part of the story cause of Holly, I never saw having one.
So uh, it's telling me about the shotgun in the past and what you saw.
Kah, Yeah, Why did you tell me that?
Because at that point in time, me and Byron thought it would just be easier if somebody thought, you know, Justin had done it. And since they they had told me that they had him on camera buying the shotgun, and I kind of went along with it.
Okay, Okay, Now this is interesting because remember investigators have the firearms transaction record for the shotgun Justin purchased in September of nineteen ninety seven, just weeks before the murder, so that gun did at one point exist.
Okay, okay, So you're still in the car and they're talking about the Yeah, Anastasia and I need more conversation about that.
But Justin was saying that they were talking about, you know, who was actually going to do it, and Justin said he didn't think that he could actually do it, so he asked. Justin was all, it was just weird, you know, he was going to do over there he wasn't and he asked Byron if he would do it. And also cause I don't think Jodin had ever saw a shot gun or anything before. So they decided that, uh, Byron
was gonna do it. And then I just thought, you know, that was ridiculous, cause what Byron even had to do with it. You know, he knew in the stage that he went to high school with her and everything, but it.
Just seemed, you know, okay, did they talk about how they were gonna do?
They just they said that they had the gun in the trunk. I mean he was gonna pop the true shooter, but they didn't.
Who did you hear say that?
Byron said it? I said, well, how the hell are you even gonna do this? I was like, it's froad daylight. He's like, well, I don't think it would take very long and it's in the trunk. And I was like, you know, you don't even how do you even know how to shoot a gun or anything? And he's like, well, I used to go like hunting with my dad or something like that. So I'm not sure like how that happened. We ended, We drove out to go get her, picked her up. You know, she got in the car.
You drove out to where to the dairy Queen.
I don't know which road it was on, but the one across the street from Mount Washington.
Do you uh remember about what time?
Yes?
Nay, hum, not really, I don't know. Okay, when you arrived at the dry queen? What did you guys do She just got in the car. Do you remember what she was wearing?
No? Anymore, I know I'm sure probably just seems in like a T shirt or sweat shit, that's usually what she wore. I don't say.
So, you guys are parked out the Dry Queen parking lot and uh, Anastasia gets in the car.
Where was everybody's dating?
Kelly says. Justin was in the driver's seat. Anna Stesia was in the front passenger seat. Kelly was sitting behind Anastasia, and Byron was sitting behind Justin conversation.
Uh what was said?
Just you know, she gets in the car, small talk all this stuff, and she was abating. She was like, Justin, you're late, You're always late on the We were just kind of uh. Then Justin said that he need to talk and everything would drive across the street to Mount Washington Cemetery cause I think they they used to go out there. I'd only been out there with him like once or twice. Then Anna Stezia was kind of up because he's like, I need to talk to you, and
she's like, well, then why'd you bring them? You know, She's like sh She was kind of like embarrassed that he wanted to talk about their relationship in front. I guess of uh, me and Byron. So we're driving around. She's kind of driving aimlessly. It was like they had they had no spot, they knew where they were gonna do this or anything. Now this is not watching. Yes, we're start watching the cemetery. So we're driving around. They're
kind of bickering and stuff the whole way. Me and Byron are standing in the back of the car drinking, and I don't know how long we drove around in there, and so finally I got we exited the cemetery. But uh huh.
Before you exited the cemetery, did you come into contact with anybody?
I think we saw the grounds keep a guy like in his car or something. I don't remember really.
Any anybody get out of the car.
I don't think so.
Even briefly.
I th actually I think maybe Jocelyn and a stage I got up for a little bit. You remember where it was that It was at a mausoleum of some sort something. I think they got I think I can't remember. Well, I mean it was just briefly got out of the car, just kind of walked around a little bit, but didn't It was like out of the car, kind of got out, looked around while I kind of.
A little bit got back, so they were out of the car for a few minutes.
Yeah.
Human, And did you and uh Byron have any conversation while they were out.
Of the car. No, not really. Well, I was just like, you know, this is ridiculous, blah blah blah. You know, you guys aren't really gonna do this. I ask if they had like planned it for a while. He said that they'd been like talking about it, and I was just like, well, I was like, hopefully, you know, they'll just break up and it'll be over. So but I can't really remember like exact conversation about it.
Well, prior to that particular day, did you know anything about them talking.
About doing thathing?
No? They always kind of had rich schemes and stuff like that. That's why it seemed so ridiculous, cause it was just like it came out of nowhere, mkay for this, cause, like I said, probably just a week or two prior to that, Justin's little thing, and then that they.
Were in Rock's parent Okay, So, uh, they did get back in the car and you exited, they.
Yeah, Mount Washington Cemetery. Where'd you go from there?
They were just driving around kind of looking for a park or some of a place where they could talk or whatever. But I mean it was still light out, I basically and everything, and somehow they ended up in the little cemetery where she was shot. I don't really quite remember where it was and everything. I guess it was kind of like Justin and Baron kind of looked at each other when they pulled them there. I guess it was like but it was still ripe pace.
Did they go anywhere else before you got to bat location?
I don't think so.
Mkay, you don't think so.
I don't. Uh, I don't really recall. I mean, I think they were just kind of driving to a park.
Didn't go to anybody's house.
No, So they were just a constant just driving or yeah, looking until you get to this point.
Yeah, what's Lincoln? The cemetery was where.
She was sho Okay, yeah, then we got there.
Okay, do you remember which uh you'd you pulled into her from to get into the mm cemetery and you know the streets that bordered Lincoln Cemetery?
Mm mm no, I don't. I think it was a it was a back entrance to it.
Sumhow could you describe that too?
No, not really.
I mean it was it uh on a hill? Was it straight away?
I just curved with uh you know, No, I think it was cause I we didn't.
I don't think.
I don't think we got to it from main Street. I think it was like through some gravel thing or something. By last year, i'd probably have to see place first to see which lake, cause I haven't. I mean I went back there once because I knew there was a little bit more. I don't think for her there, but that's.
It, okay, send Uh So you eventually stopped then at a n location in Lincoln, seb.
Yeah, what happened.
Justin and I stays I got out of the cart of talk, you know, like once again they got out and they were kind of over on like the driver's side, seeing they're talking, just like yelling at each other. Yeah, so me and bron are kind of still sitting in the back like during well at least I was. I was just sick the drinking, kind of just like listening to him and yell at each other and everything like that.
Was it still light or dark?
I think it was starting to get dark. I don't think. I mean, it wasn't like pitch flack. But I know it wasn't cr It wasn't like complete daylight, cause I remember I think I remember seeing headline and stuff with cars like passing on the street or by there. So they're out of the car talking fighting or whatever, and.
Uh, could you hear anything being said.
Yeah, it was just basically her telling him to bug off, just like an argument earlier in the car. She'd taken off this ring he gave her and threw it at him and all this stuff, and he was just telling her to like calm down, and she was just you know, telling him. She's like, I can't believe you're not emotional about those just that kind of stuff.
Do you know what happened to that ring? Mmm?
Great. So we're just sitting back there and Byron tells me to stay in the car, and he got out of the car. He pushed justin c for it or got out, and so he gets out of the car. That's all happened in a matter probably I don't know, like thirty seconds. It was really quickly. He got out of the car and I saw him go around to the back of the trunk and I could hear Justin yelling at him in German saying what saying like never mind, never mind?
Okay, uh stop say that in German.
No. But I mean at the time I was in that's what cause. Okay, but you'll figure out how I knew that what he was saying.
I that's what I'm to figure out.
Yeah, when he got back in the car after well, okay here, so he's saying like stop, he's saying that in English and he's saying never mind like in German. But Byron, I guess was fokes on what he was doing or whatever. When he had gotten out of the car, the keys were in the ignission, so he'd like grab the keys. I could hear'em, you know, like open the trunk and got out the gun and shot her.
Kelly Moffatt just told Sergeant Kilgore. On the night of October twenty second, nineteen ninety seven, she witnessed her then boyfriend Byron Case shoot her friend Anastasia Whitfelsfugen close to the car.
I like saw hoping that happened, and the whole time Justin was yelling at her exactly. I saw him get the gun out, just go do a little I don't know what he did, just the whole.
Tell me what you think he did. What did you hear?
Well, I don't think I don't think I heard that little because they were still talking so much. I don't think he did the little the little teaching thing. But I don't I don't think he did that. I just thowting with it.
Were you describing to me as like a pump shotgun?
No, I'm not sure if he did that. I saw him kind of filling with it for a couple seconds, but it he just like grabbed it out and walked down the side of the car. I think it was double barreled though, cause it looked like an old gun.
Which side of the car we him or me?
Where?
Uh?
Just then then Anastas or they were on the h driver's side of the driver's side, say like.
Here's the back of the car. All he had to do he got out, got it and then went cause they were still pretty close to the car. Okay, And it just all happened in a matter of seconds. He just lifted it up and shot.
Her, just lifted it up and shot. Where'd you shoot her at?
Just in the head?
Kay?
Did you see pretty close to the car.
Did you see her fall down?
Yeah, how did she fall? It fell back? Well, it was like kind of like an explosion, you know, it just I mean, it just knocked her backwards, the whole thing, Okay, and really quickly by and just like threw that thing in the the gun in the trunk again, you know, like opened it up through it in there was like.
Did you see her fall to the ground?
Yes?
And what position did she fall in?
I don't know, cause I remember I looked at that and then just kind of, you know, obviously sawed. I like screamed and kind of looked away, and then I looked back and I couldn't really she was just I think she was on her back just like that. I'm pretty sure it locked her backwards cause I just remember kind of seeing her body on the ground like that.
Kay, And uh then what happened then?
Justin like freaked out. He was like, oh my god, Oh my god. And they got in the car, you know, Barne's like getting in the car, getting the cars ruled. Like I said, we're right by a street and everything. We jump in.
Can you say we jump No?
I was in the car. No I didn't. I'm' just say they did it up time, Okay, So they get into the car and and then I said it all happened in like a matter of seconds.
What uh who was driving? Justin was trying okay, and where did Byron? Where did he sit.
In the front passenger's seat? Okay, So they get in the car and Justin drives off, and Justin's like, that's how I knew what he said in German. He was kind of freaking out. He was like, oh my god, oh my god, he goes. Didn't you hear me telling you to never mind? To stop and everything like that? As Byron said, He's like no, He's like, I was concentrated on that. He goes, and once you know, I got out of the car, He's like, what else was I supposed to do? Cause you'd already you know, got
a gun out or whatever. He's like, what was I supposed to do? And Justin was just like flipped out the whole time, like he was driving. Eventually he went to some I don't know if it was pre planned or not. It didn't really seem like it. He just drove up to some railroad tracks and uh, Byrone got out and.
Threw the gun.
How far away from the cemetery?
I don't know. I don't think it was very far.
Do you remember what street?
Hm?
If I I would probably remember that on remember what street? So when they did that, when he threw the gun out and everything, Justin was like so shaken up and everything that Byron drove and he drove back to Justin's condo, and I remember just because Byron seemed to really calm about I remember Justin saying, he goes, I don't understand
how you seem so calm about this. It's like you had like two brains to like put it in, because he was just we were just in like this, and Byron kind of seems normal, you know, he could drive and everything. So got back to Justin's condo.
Kelly says, at Justin's condo they came up with the story. They will eventually tell everybody that Anastasia got out of the car at Truman Road and the I four thirty five. Kelly says that Byron was the one leading the narrative because Justin was almost incoherent.
He was so shaken up.
For a little bit and everything, and you know, like you are you He kept repeating the thing over and over again because they knew that people were obviously going to be questioned, and so finally it was getting pretty late, and you know, they didn't want it to seem like anything weird it happen. I had to be home between like ninety nine thirty, so drove back to my house and went inside, and Justin asked to use the phone because Barne was like, well, what are we going to say?
You know happened to her and all that, you know, how we're gonna he had to contact somebody. So they came in and Justin used my phone and called her house. I don't know who he talked to though, and told her sister the story that they've made up that she got out of the car and everything, and Byron made it a point to in front of my mom say yeah, you know, Anna Stasia jumped out of the car and everything. I guess made it more like believable.
And they left and I didn't Kelly says Byron, and Justin left soon after, and late that night she spoke with Byron again.
And I don't know, Byron just didn't seem very pricked out about the whole thing. It was like he didn't really I don't think he really understood how great doubt.
You know, Justin was when you were talking to the Byron later that night, did you.
Ask him anything like how could you?
Yeah, exact yeah. I was like, well how did you you know, how could you do that? Or whatever? And I was like, there's really there was like no reason for it. And he was like, well, you know, once I got the gun out, there was like turning back and everything. And I was like, well, why you know did it happen in the first place? And he goes, well, Justin asked me to do it, and you know, because
he couldn't do it. He goes, and he shouldn't have asked me to do it if like he didn't want it to be done basically, and so and that's why I said. I go, well, you do realize that this makes you like a murderer. And I remember exactly what he said. He goes, no, he goes, I think a murder of someone who doesn't feel bad about like what they did. He's like, well, I feel bad, but it already happened.
So kil Gore turns over the tape. Kelly says the next time she spoke with Byron was the following day, Thursday, after she got back from her grandmother's house.
And you came out and talk to me first time. I believe that was on the following Friday. Okay, so you talked to Byron on Thursday, and did you talk about.
Just Well, obviously, you know, that was the focus of the conversation. I remember him talking about that they couldn't find Justin, like he'd called there and he wasn't there, everything like that. Just you know, I was like, you know, freaked out, what are we gonna do? You know, where to Justin and all this? And then I obviously asked him, I was like, had you guys been planning this and everything? Friend? He said yeah, And I said, well, why did you, you know, bring me into this and all this?
And he's like, well, I.
Guess we needed somebody to call her, and cause you know I didn't, I was like, well, why'd you bring I was kind of, you know, like bad, like, why'd you bring me into this and everything?
Did you guys go over, uh the story that you were gonna tell the police?
Yeah? He had. Yeah, he was like talking about that like quite a bit. Now.
You and I went out the few days later and.
And uh, you know, we discussed the circumstances there and the events that it happened.
Did you and your mother went with me and I.
Asked you to show me the path and the route that you guys would taken. Did you uh seemed pretty uh sure of yourself when you were telling me where.
To go and what you guys did. Did you uh go over that with Byron? Also?
Yeah, Byron when he had said, cause I don't know independence at all, when he said that she was, you know, where she got out of the car and every thing like that, I believe I think it was the next day or the day after, you know, when he obviously knew that we're gonna have to talk to you guys. He took me out there to the spot He's like, a miss, is where you know you're gonna say that she got out of the car, which was at that stop light?
Okay, it would have been at Truman in four thirty five.
I believe when you and I talked the first time on Friday, you drove me, drew me out of a little mass You recall doing that, yeah, and so then move Byron drove you around.
She drove me out there saying, you know, this is where we're gonna say she got out because I was that was He was like worried about that because I didn't know, you know, where we were, where we'd gone. Whose car were you when he drove out there?
I believe you know what kind of car it was.
Tilgore circles back to the shooting and asks Kelly to show him, specifically the position of Justin's car at Lincoln Cemetery. Although it's not set out loud, it sounds like Kelly is drawing a map for him.
See, they wasn't that far from the road. Probably the road was like here, do want me to show where? Like the people are?
Sure?
Okay, okay, so that's I'm like the back passenger seat at first, bron was obviously sitting there. Justin and Anastagia got out. They weren't very far from the car. Let's just stay here. Justin was probably like there and Anna Sasa was there. They were talking. So byrone, you know, got out of the car, went right around there, and he was pretty close to where just got it out to like a thick a step forward or so. He
wasn't like walking around a lot. He just got right out, went back to the trunk and hop gun.
How close was he when he shot her.
To her or to the car to her? Pretty close? And probably say, I don't hear to that wall. He wasn't very far at all. He's close to her.
There was what you showed maybe was practically five foot Yeah.
Maybe that are a little bit over. He was closed to her, though, really close to her.
Did you hold the shotgun of with the end of it to his shoulder like you would hold it right?
Role, I I think I know, I don't.
I just all I saw him.
Yeah, I was probably up cause I all I saw was that it like happened so quickly.
Okay, it's been almost three years. Why now, Why am I saying something?
Yeah, because well it just first off, I know how Knot's like her family is probably going. And also I mean it's just it's just like wrong. It's like Justin said in station said there was no reason for it. You know, Byron's still out there and it seems like he's not having any problems because of this, whereas you know, obviously my life's been really messed up, I mean, rehab, my life's been like completely just you know, messed up, like because of this, and it's just you know, it's
just not right. It doesn't And like I said, it seems like it's two people are dead for no reason, and he's just like out there.
You know.
Kilgore asks if Kelly's shared the story with anyone else. She says about a year ago, she told her then boyfriend that Byron had shot Anastasia. She asked him not to say anything besides her ex boyfriend. Kelly says she told her drug rehab counselor Maggie, which led to her coming forward.
Okay, so you told Maggie and who.
Else have you told?
Well? Then after, you know, I talked to Maggie my parents and everything.
How long ago did you first tell your parents?
How long ago? Well? I told him that, you know, I knew more than I said and everything, but I hadn't ever told him the complete story up until recently when I told.
Maggie, what did you How much did you tell them back in the past?
Not.
I just told him that, you know, I knew what happened and everything like that.
So you told him that you knew for back? How in a state died?
Okay?
And did they discuss it with you?
Well, I mean they were always trying to get me to tell like the complete story and stuff. But I wouldn't why because well I was just scared to And also I didn't I was just scared to say anything. And anytime I'd say anything to viron about saying, it'd be like, you know, it's over in the past. He's like, we don't need to wreck our lives, or as it's already you know, He's like, they think, justin did it.
It's like in the past or whatever. Well when also I just didn't wanna, you know, admit to my parents that I had like anything to do with anything of it, you know, cause it just seems so you know.
Or were you scared what would happen to you go to jail or something?
Yeah, well, not not so much to that, just that, I mean, that's a it's a weird thing to tell your own parents that you were like involved in something like that, because regardless of if I really didn't think it was gonna happen, and I still should have said, you know, what are you know tonight? I've gotten a carlin.
On September twenty one, two thousand and almost three years after Anastasia Whipples Fuchen was killed, Kelly Moffatt has come forward to say Byron Case murdered her again. Strangely, Kelly shows no real emotion while telling this story, the real story, the one she's been holding onto for so long. The next day, Kelly goes out with Sergeant Kilgore to show him where Anastasia was killed and where the gun was dumped. They start at the Dairy Queen, then head across the
street to Mount Washington Cemetery. Steely Dan's Dirty Work is playing on the radio for the first few moments of their drive.
If anything works familiar, it's been such a lot of time.
Eventually they make their way towards Lincoln Cemetery.
In your medium right here, does any of this look familiar?
I don't know. Well, I know that where it happened, you could see a street. I think you could see a street house. I don't know. I didn't get out of the car, so I don't know. I just remember seeing like I thought you could actually see like where people were buried something, cause it's just kind of like a park. Yeah. I think they pulled that onto this, they think, But I thought there was like houses or something, No, cause I remember trying. Okay, Yeah, this is how it came out.
Okay, this is the way you left after uh.
She was killed? Yeah, I believed so.
Weren't you in here and found the memorial side afterwards?
Yeah?
Do you remember where that.
Was at all? Assume to me maybe this is where they stopped. But I could have sworn they could see the street from there, like see.
Cars nothing, Weland, Stay, his body was found over here in this.
Area, probably cause I think I just worn it was close to the street though.
The way you described it to me yesterday, would have had to have stopped the car somewhere in here, mkay, based on where her body was found.
Is there any way you could reconstruct that position my vehicle like right here? Well, where do you think it was? That's why I'm trying to get you to do it?
Yeah for me? Yeah, keep going forward.
You're just not sure that where you actually stopped.
No, I'm not sure.
Okay, I think it was at least maybe like here, because yeah, I mean I.
Could at least see cars going past on that road because I.
Remember, yeah, cause I could see headline and stuff over there, and I was like, well, god, you know, I mean it was right by like a busy street and everything okay.
Next, Sergeant Kilgore asks Kelly to show him where they got rid of the gun.
Here I was just right after it happened.
I remember that there was like maybe factories are like a rock if there were some type of old something with the roroad tracks going by.
Kelly says Justin and Byron acted like they'd been there before, because Kelly told kil Gore in their interview the gun had been ditched not far from Lincoln Cemetery. Kill Gore drives in and around the area, but nothing seems to jog Kelly's memory. She then remembers they got on the highway pretty quickly after the shooting. She says they wanted to get out of the area as fast as possible.
Justin or Byron did either one of them give any floating.
Kelly then says they might have driven to a place in Kansas, not too terribly far from her house in Lenexa to ditch the gun, so.
Kill Gore heads that way.
Roughly forty minutes of driving, they seem to zero in on an area that might look familiar to Kelly.
Practically rode off Douglas Is in the area of the Inland Quarries and Kelly believes that it could possibly be the road an area that.
Withdrawn.
Four days later, Kilgore and two other sergeants search the area for the weapon, but are unable to find it, probably not surprising since it had been almost three years since the killing. About two and a half months later, on December fifth, two thousand, a tape recorder is installed at Kelly's parents' house in the hopes Kelly can get Byron on tape confessing to the crime. Nothing seems to happen for about six months. Then on June fifth, two thousand and one, around eleven thirty.
What's Mom's house?
Hello?
He is Byner.
You have to hear Byron. Yeah?
Is this Kelly?
Hello? I realize you probably don't wanna talk to me. I have to talk to you. I absolutely have to fucking talk to you. Okay, hello here listening? Okay, some extremely bad shit has gone down.
Are you listening to me?
Yeah?
Okay. I don't know what to do and that's why I called you, because you do realize that I have been a drug addict for some time. My memory is not a dead and they are harassing me about information now and I don't know what to do. About it. Do you know what I'm talking about? Yeah, okay, you know, Caesar's dad has called me. Two or three investigators have called me, and I don't know what to do. I don't remember the whole story, and I need your information please,
because they're gonna call me in. They're gonna fucking ask me for a light to take your test again. And I have no idea. Okay, I know I'm probably the last person on the oath that you wanna talk to you, but we have to talk about this otherwise. Remember the fucked what?
I don't remember?
You don't remember what? What?
Yeah? Things that don't remember?
Don't you remember? You don't remember what we said at all?
Like you?
But but what whatever Byron says next is unintelligible.
Mm.
This is like not a game anymore. And I was like realized that to It's like a fullest extent and it sucks.
Really Suppose they called again?
Well, they called again, They've called a bunch again, They've called while I was and where all they showed that all there? Yeah, I don't understand. I like, seriously, what all went on or whatever? And I seriously I hate to say this, but I why, seriously, why did you have to come? What was the whole fucking big deal? Could you explain that to me? Because I don't get it? Seriously, Justin said, for no reason, she said, for no reason.
It's just all fucked up, And for some reason they're talking to me because you won't talk Ie fucked And it makes me look horrible because everybody already knows that I'm a fucking crackhab and I'm a coke habb I'm an alcoholic, and I don't remember shit. If I try to talk to 'em, nothing's gonna add up. So I mean, if you could seriously explain to me as to why you actually fought the need to kill her, then that would really help me feel better about the whole fucking thing.
I mean, is there seriously any reason to all this?
Talk about this?
Why like something should talk about that? Of course we should as up.
I think I need to talk to you. What do you mean?
Yeah?
I would love we talk we it because nothing nothing has been the same thing said okay, and you may have been okay or whatever, but all I did was get more drunk or get more fucked up. That's it.
That's it.
Okay, I'm not the same person, and you know that I have not been the same person for years and I hate it. Then something seriously has to give where we need to talk or something because for some reason, you know, it just seems like you were inaccessible or you were too cold or something, and everybody's coming to me and I got talked to any serious that I can't do.
Any of those.
It's really hard to hear Byron in this next section, but he tells Kelly that he was granted immunity and says, quote, I told my lawyer flat out that I didn't I wasn't going to remember things. I told the cops that too. I was like, I can't remember things. And so basically I would, you know, tell them up front before you go in or agree to meet them, just say I'm not going to remember things. Kelly then says she really needs to talk with Byron. They agree to meet in person something.
Because I don't. Yeah, I don't like this over the phone bullshit, but I can't. So I was the one that went to brow to picked your house. I was wh when all this shit happened to and so I'm the one that they're like robbing and for some reason that bif shit, fucking like police force out there to talk to us somehow, and is just father has my number and you know how disturbing he is, and he's emailing me. He's calling me. I have no idea what to do. I can't remember anything. I know, but I
don't remember anything. The whole banger his leg. I thought it would go in, it's not.
Byron says he's sick, he has the flu, but he will meet Kelly at a local park the next day at eleven am.
The black by phone.
Really impressed, okay, According to Kilgore's report, He retrieves the tape from this June fifth recorded phone call. The next day, although Byron and Kelly made a plan to meet for her own safety, Assistant Prosecutor Amy McGowan instructs Kelly not to go. On June seventh, Kelly calls Byron again. I only have the transcript of that call, but basically Byron wants to know why Kelly didn't show up at the park.
They decided me the next day, time and place to be figured out the next morning, but it seems that never happens. Four days later, on June eleventh, two thousand and one, Kansas City Sheriff's deputies and the Kansas City Fugitive Apprehension Unit descend on Byron's mom's house. According to an arresting officer's report, it says quote entry was made to the residence, and I continued to yell police as I moved toward the hallway that led to the bathroom
and bedroom area of the residence. A white male who resembled Case started to come out of the north bedroom. Upon seeing me, Case retreated into the bedroom, closed the door, and was attempting to lock the door when I pushed it open. As I entered the room, Case was in Case stumbled backwards onto a bed. Case was taken into custody without further incident.
Almost four years.
After Anastasia Whitpelsfuchen was murdered, twenty two year old Byron Case is charged with first degree murder and armed criminal action. Bond is set at two hundred thousand dollars, but Assistant prosecutor Amy McGowan argues that because the idea of the informant, Kelly Moffatt, had been revealed to Byron for her safety, bond should be revoked, and it is the bond issue
actually comes up again. A judge ends up modifying the bond, raising it to three hundred thousand dollars, but since Byron can't afford to post it, he remains in jail awaiting trial. At trial, Byron will be represented by Horton Lance, a Jackson County public defender. Trying the case for the state will be Jackson County prosecutors to A. Crayon and David Fry, and presiding over the trial will be Judge Charles Atwell. April nineteenth, two thousand and two, start the pre trial motions.
Prosecutors want evidence of Byron's goth lifestyle to be allowed in. They believe it shows a fascination with morbid death and it gives context to what Kelly is going to say on the stand. They argue the jury should be able to hear about things like Byron's appearance, how he wore his face pale with black makeup, his hair dyed black, and how he dressed in black clothes, which they say was different than Justin's appearance he was somebody out of
quote the gap ad. They want the jury to hear about how Byron and a friend would walk around town wearing priest collars and how he had been seen wearing a button that said I as raped your Savior. Prosecutors want Byron's license plates morbid and atheist to be allowed into evidence, as well as his bumper stickers that read evil and I Am God, also that he had an
autopsy photo as his computer screensaver. They want the jury to hear that Byron's sign and name to his own website was Savior, and that the website included discussions of Justin's death, Anastasia's death, the crime itself, and the Jackson County Sheriff's investigation. The defense wants Kelly's mental health records to be allowed in and they want the June fifth and June's seventh recorded phone calls between Byron and Kelly to be kept out. When Judge Atwell rules on these motions,
he says Kelly's medical records will remain sealed. They're out the June fifth and June seventh recorded conversations will be allowed in.
Judge Atwell says Kelly's voice is much.
Clearer than Byron's, but with the aid of the transcript he can understand what was said. The transcripts are quote exceptionally accurate in regard to the goth lifestyle stuff, Judge Atwell is not going to allow in the bumper stickers, license plates, autopsy screensaver, the button, the website stuff, or descriptions of Byron's appearance. On April twenty ninth, two thousand and two, about four and a half years after the murder, the trial begins. The prosecution star witness is Kelly Moffatt
about the night of October twenty second. Kelly tells the same story she told Kilgore when she came forward in September of two thousand, that after school, Byron and Justin picked her up. Justin asked who's the biggest problem in his life. He said Anastasia, and wouldn't it be better or easier if she were gone? Justin said he couldn't kill Anastasia, so he said Byron would. Kelly says they stopped at a gas station near her house because Byron and Justin wanted her to call Anastasia to tell her
to meet them at the Dairy Queen. She says she didn't have Anastasia's number, so they gave her a number. Kelly says, quote, I think maybe Justin dialed it for me. I'm not sure, Kelly says. Anastasia answered the phone, and the conversation went like this quote, Hi, I'm with Justin and Byron. You know we're supposed to meet. She said, well, yeah, you're running a bit late. But dairy Queen. Kelly goes on to say, quote, 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. Kelly says they picked up Anastasia at the Dairy Queen, then went across the street to Mount Washington Cemetery. They got ushered out of there, then drove around, eventually finding a road off Truman that led to what looked like a park with a circle drive. They parked, and Justin and Anastasia got out of the car. Kelly says it was dark enough to where she could see
cars with their headlights going by. She says Byron then got out of the car popped the trunk. She saw Justin was waving his arms saying something in German. Kelly says Justin was standing pretty close to the driver's door. Anastasia was standing by the second window on the driver's side. She wasn't reacting, she was just looking at Justin. Kelly says she then saw Byron raise the gun. Then she
heard a big loud noise. She screamed, turned away, then looked back and saw Anastasia's body had been quote blown backwards and I could see her feet.
Kelly says. She was crying.
Justin and Byron got in the car and Justin said, didn't you hear me say stop? And Byron said, quote, 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? Kelly says. They drove for.
A while, then dumped the gun in an industrial area. They went back to Justin and came up with the story that Anastasia got mad and got out of the car at Truman Roade and the I four thirty five. Kelly says she continued to date Byron for a little over a year after the murder, finally breaking up with him around December of nineteen ninety eight. Kelly says eventually her life's biraled. She got deep into drugs and it got so bad her parents kicked her out and wouldn't
let her back in the house. She was living in crack houses, was homeless in and out of rehab, she says. Eventually Byron moved to Saint Louis, leaving her to deal with everything on her own. Kelly testifies that in September of two thousand, the night before she went into rehab, she told her father that Byron did it. Then in rehab, her counselor, whom she'd known for some time, convinced her to tell what she knew about that night or she was going to kill herself with drugs and alcohol. So
Kelly told the counselor Justin killed Anastasia. When Kelly's mom has told this, she said, but wait, Kelly told her dad Byron did it. Kelly says she broke down and explained that she pointed the finger at Justin because he was already gone. The police believed he did it, and she was afraid because Byron had always told her she is as guilty as he is. She finally says it was Byron. The counselor then called a lawyer, and from there the Moffitts went to.
Talk with prosecutors.
Then prosecutors get to the June fifth and June's seventh recorded phone calls between Kelly and Byron. Prosecutors say the June fifth call is significant because when Byron told Kelly, we shouldn't talk about this, that is a tacit admission. A tacit admission is when someone doesn't say something directly, but their words are acts suggest that they agree with something, like because Byron didn't deny anything during that call, like when Kelly said, why did you have to kill her?
That can be seen as a tacit admission that it's true. Byron's attorney, Horton Lance, then cross examines Kelly. He points out she's lied to police multiple times. He then challenges her about her drug problems. She admits she used drugs before Anastasia's murder, but says witnessing the murder caused her depression, which made her drug use much worse. He then asks what was going on with Justin leading up to the murder.
Kelly says he had been very depressed. He'd been using drugs and was even hearing voices, and he talked about having odd plans about hurting people. Kelly says, but Byron did too. Then Lance drills down on the phone call Kelly says she made to Anastasia from the gas station in lenn Nexa, Kansas.
He challenges Kelly on whether she or.
Justin called Anastasia's house because Anastasia's sister Francesca told police Justin called the house from Lenexa not long after Anastasia had already left for Mount Washington Cemetery. Kelly says she believes Justin spoke with Francesca earlier that day, she doesn't recall him using the payphone at the gas station. Byron's attorney then asks about the gun Kelly had said she saw hanging at Byron's dad's house. Kelly says she doesn't remember which room it was in, and she doesn't know
if that was the gun used. All she knows is Byron told her the gun they had with them that night was Byron's dad's gun. Horton Lance asks Kelly if she still stands by what she told Kilgore that Byron was five feet away or a little more from Anastasia when he shot her.
She says yes.
Horton Lance asks why that night, after Byron and j were gone, didn't she tell her mom that she had just witnessed her boyfriend kill her friend, Kelly says she was scared. Then he confronts Kelly about an email she sent to Anastasia's dad, Bob Whitplesfuchen in May of nineteen ninety eight. In it, Kelly wrote quote, let's get together and swap stories. Kelly says she didn't want to necessarily talk about the murder. She just wanted to let him
know how sorry she was that Anastasia was dead. Lance asks if she got the ten thousand dollars reward money. Kelly says no. Then Horton Lance wants to know did Kelly warn Anastasia that Byron and Justin were planning to murder her that night? Kelly says she did not. On redirect, Prosecutor Teresa Crayon wants to make clear Kelly said Byron was five feet away when he shot Anastasia, but Kelly
also said Iron was holding a long gun. Also testifying for the state, our Deputy David Epperson, who found Anastasia's body, and Deborah Moffatt, Kelly's mom. Debora, testifies that when Kelly got home the night of the twenty second, Byron and Justin came inside with her.
Debora said she was upstairs.
But she could hear the three of them whispering downstairs, which made her suspicious. Debora says by January of nineteen ninety nine, about fifteen months after Anastasia's murder, Kelly's drug use had gotten really bad. She would disappear, be gone for days at a time. Then one night, late around March of two thousand, Debora says, Kelly called her and said she saw Anastasia murdered. Debora says she asked if it was Justin, and she said yes. That was the
end of the conversation. Debra says she eventually came home but never wanted to talk about it. According to Deborah, over the coming months, Kelly ran away from rehab two or three times, and they always took her back. Then one night Kelly told her dad Byron killed Anastasia. Deborah and her husband took Kelly back to rehab, and not long after, Kelly confessed to her drug counselor that Justin killed Anastasia. Eventually, when confronted with her changing story, Kelly
said it was Byron. After Deborah Moffatt, Diane Marshall, Anastasia's stepmom, testifies, then Anastasia's sister, Francesco Whipplesfugen takes the stand. Franzays, in October twenty second, Anastasia was wearing her black shoes, some black jeans, and a tan corduroy jacket when she went
to meet Justin at Mount Washington Cemetery. She says, around four thirty pm, Justin called the house looking for Anastasia, and he sounded surprised to learn she had already gotten a ride to Mount Washington about fifteen or twenty minutes before. She says, during that call, Justin acted like he didn't want to drive all the way from Lenexa, Kansas, to Independence,
Missouri to meet Anastasia. Francisca testifies that when Justin called her later that night, she told him, quote, if anything happened to her, it was his fault, and I kind of hung up on him at that point. Francisca also says she never spoke to Kelly that day. The state's other witnesses include Glenn Colliver, the caretaker at Mount Washington Cemetery. He testifies he saw Anastasia at Mount Washington around five pm,
then later with two males and a female. Originally, he told investigators he saw her the second time around seven pm. Now on the stand, he says he saw her around nine pm. Next to take the stand is John Bruton, Justin's dad. Then Jim Dodd, the bullet Hole store employee who sold Justin the gun the morning of October twenty third. Then two from law enforcement testify. The detective who worked Justin's death case. He says it was obviously self inflicted,
the officer who arrested Byron. Then doctor Chase Blanchard, who works at the Jackson County Medical Examiner's office, takes the stand. The chief medical Examiner, doctor Thomas Young, who actually performed the autopsy, is out of town. Doctor Blanchard testifies from doctor Young's report, saying that Anastasia died from a contact wound to the nose, meaning the muzzle was up against
her skin. Doctor Blanchard says doctor Young saw a dark city deposit around the face and the presence of gunpowder particles, which also means a close range shot. Doctor Blanchard says, quote to me, that means less than six inches. The muzzle must have been less than six inches from the person to the person's skin. She goes on to say quote, but it was probably right up against the skin. And that's what I believe doctor Young's opinion is, because he
calls it a contact. Doctor Blanchard also says there were no defensive wounds detected, and she can't say specifically what kind of gun fired the fatal shot. For all of the people who do testify for the prosecution, there's one person I am stunned wasn't even called. Lead investigator, Sergeant Gary Kilgore. Next up is the defense's case. Don Wright, the dairy queen worker, testifies first. She says although she told Sergeant Kilgore she gave Anastasia a pad that night,
she actually gave her a tampon. Don Wright says she hasn't used anything other than a tampon since she was.
About thirteen or fourteen years old.
She said she only said it was a pad because she couldn't think of a polite name for it. An important distinction for the defense, because if don Wright gave Anastasia a tampon, then why was she found in Lincoln's cemetery wearing a clean pad. Don Wright says that night, Anastasia had a long brown purse with her and she was wearing light blue jeans and sandals with socks. She
also testifies to a story different than Kelly's. Don Wright says that Anastasia told her she and her boyfriend Quote had been in an argument because they had plans that night and she couldn't get a ride over there to him, so she had gotten out to the dairy Queen called him and asked if he could come pick her up, and he said that he had already made plans with his best friend, and she was upset. Then Byron's mom,
Evelyn Case, takes the stand. She says Byron came home the night of October twenty second, around ten or eleven pm. He told her about Anastasia and justin arguing and Anastasia getting out of the car. She says Byron didn't smell like alcohol or seemed to be acting out of the ordinary. They had idle chit chat. Then Byron went to his room and got on his computer. Ellen says after that night, Kelly and Byron seemed the same. Kelly never seemed afraid
of Byron. They would cook together and listen to music. She says about that June fifth recorded phone call with Kelly, Byron was sick. The next day, he went to a doctor and had something like strep throat. He was prescribed antibiotics. Evelyn says Byron's dad, her ex husband, never owned a gun. He wasn't a hunter. They were an anti gun family, and she says Byron's car was in the shop the night of the murder. Evelyn says about a month after
Byron was arrested, Kelly called her. She said the first thing Kelly said to her was, quote, this is insane, Evelyn says. Kelly went on to say, quote, I'm an accomplice. I'm an accomplice. But since I told I got they gave me part immunity. Evelyn says. Kelly went on to say, quote, my family really liked Byron a lot. I should be in jail with him, and I'm ready to go, Evelyn says. Kelly asked if she could write to Byron in jail. On cross examination, prosecuteter David Frye asks Evelyn where she
was born. She says Germany. She reads and writes and speaks in German as much as she can, and Byron is still learning, but he knows the basics enough for them to communicate. Evelyn says she would speak to Justin in German too. This is an important point for the prosecution to make, because Kelly testified that Justin was yelling something in German to Byron right before he shot Anastasia.
As the defense's case continues, Horton Lance calls to the stand Nancy Knolger, Byron's aunt, his dad's sister, who testifies her brother never had any guns and he never hunted. Then Byron's friends, Abraham Nisley and Tara McDowell testify, who both say they saw Byron that night and nothing seemed out of the ordinary with him. Tara says when Byron came by that night, he and Justin did not smell
of alcohol. They seemed to be in fairly good moods, and Justin specifically and look upset, shaken, or that he'd been crying earlier. On cross examination, Tara's asked why in her February nineteen ninety eight interview with Sergeant Kilgore, she said Byron and Justin were going to Abraham's house after hers. She said that's how she remembered it, then now she doesn't remember.
It at all.
She's also asked if before trial Abraham gave her the case file to read so she could prepare before testifying. Tara says she only had a stack of papers and she only read her interview with Kilgore and the autopsy reports. Then Don Rand, the night mechanic at the Amico station, takes the stand. He says, when he first spoke with investigators, he was shown two photos, one of a boy and
one of a girl. He said the girl in the photo looked like the one he saw walking quickly away from the car at the light at Truman Road and the I four thirty five. Don Rand says her faster pace made him think she was upset. He says he thinks this happened around dusk or a little bit after dark, and he saw the young woman walk east on Truman Road towards Independence, both in the direction of Lincoln's Cemetery
and Anastasia's house. On cross examination, Don Rand is asked to confirm the height and wait of the girl he saw that night. Don Rand says she was about five six or five seven and about one hundred and thirty pounds. Anastasia was five to two and one hundred and twenty pounds. Then Byron takes the stand in his own defense, he tells the same basic story he's told since he first spoke with Sergeant Kilgore back in October of nineteen ninety seven.
But Byron denies they were drinking that night and says he and Justin never asked Kelly to call Anastasia to meet them.
At the Dairy Queen.
He says they didn't even know where the Dairy Queen was, Anastasia gave them directions. On cross examination, Prosecutor David Frye questions Byron about everything from his relationship with Kelly, who was fourteen when they first started dating Byron was eighteen, to the night of October twenty second. Byron for the first time says he Justin and Kelly stopped at the gas station in Lenexa, where Justin called Anastasia's house. Byron says Justin spoke with her sister Fran and learned that
Anastasia had already left for Mount Washington Cemetery. Prosecutor David Frye challenges Byron on this, asking if it would have been normal for Anastasia to page him if she couldn't get a hold of him, and Justin Byron says yes. Then David Frye asks, quote, and if she had reached you on your pager and given the number, you could have dialed the phone number that Kelly says she dialed, and Kelly could have talked to her at the dairy queen.
Isn't that right?
Byron says yeah, if the pay phone allowed incoming calls, but he says he doesn't remember getting paged by Anastasia. David fry says Byron's story about that night is hogwash. He says there's no way this stubborn, strong fighter who was Anastasia would end up dead with no defensive wounds, implying she knew her killer and her killer was him.
In closing arguments, Prosecutor Teresa Crayon says Kelly Moffatt had no reason to come forward and lie, admit she was a drug addict, accusan ex boyfriend she broke up with two and a half years before, and implicate herself in a murder. Defense Attorney Horton Lance says in his closing there are two Kelly Moffetts, one who's a crack addict, alcoholic who's ruined her life and has no excuse. The other Kelly, he asserts, is all of those things, but
has an excuse. She witnessed a murder and that's how her family could take her back because it's not her fault. Horton Lance reminds the jury that Anastasia was the one who wanted to get together that day. He says she got a ride in Mount Washington and only went across the street to the Dairy Queen when Justin didn't show up. He says Anastasia was the one who called and said,
I'm at the Dairy Queen, come get me. When Justin spoke with Francesca, she said Justin acted like he didn't want to drive all the way from Lenexa to Independence to meet Anastasia. Horton Lance says Anastasia called Justin four or five times from the Dairy Queen and was mad when they picked her up so late. Horton Lance argues, if the plan was to kill Anastasia, why are they so late. He says they were late because the plan was for Justin and Anastasia to talk about their relationship,
not to kill her. He says Justin didn't even want to be there, which Horton Lance says is the opposite of Kelly's testimony. After three days, the case goes to the jury. A little over three hours later, they come back with their verdict for count one murder in the first degree guilty for count two armed criminal action guilty. Almost two months later, Judge Atwell sentences Byron case to
two life terms to run. Concurrently, I spoke with Byron's defense attorney, Horton Lance, about possibly sitting down for an interview. He told me he'd consider it, he was busy about to start a trial and I should call him back in a few weeks, which I did. I left several messages for him, but he never returned any of them.
I also reached out to Prosecutor Teresa Crayon. Her communications director said quote, the office has decided that until all litigation is complete on this matter, it isn't appropriate for a potential witness. I e Teresa to participate. In twenty fourteen, Teresa Crayon was interviewed for on the case with Paula's On. Here is what she said about why Kelly you should be believed.
When you listen to Kelly's whole story, it made sense. Kelly never saw a picture of the crime scene. She was never shown one Yep, she was able to describe exactly the position of Anastasia's body. And you know what was Kelly's motive to lie about this when she came forward.
I also reached out to former prosecutor David Frye. He never responded, and I emailed Kelly Moffatt finally right first, she responded with quote, you don't have an agenda and your podcast is called The Real Killer. I find that incredibly hard to believe. How did you get my email? Two emails later, she wrote this quote, I will briefly talk to you. I'll let you know what happens. So the trial is over, the judge and Jerry have spoken. Now I want to talk to Byron Case. Did you
kill Anastasia Whitfelsfugen Next time on The Real Killer? What do you say to the people out there who think you are murderer? My face to face interview with the man convicted of killing Anastasia.
I a long time ago accepted that people aren't going to like me, and people are going to think some terrible things about me, and it isn't my job to make them think otherwise.
The views and opinions expressed in this podcast are solely those of the individuals participating in the podcast. If you or someone you know is experiencing suicidal thoughts or a crisis, please no help is available. Call or text nine to eight eight, or chat online at the Suicide and Crisis Lifelines website at nine eight eight lifeline dot org. To see photos, maps and documents related to this season's story, follow The Real Killer Podcast on Instagram and at TRK
podcast on TikTok. The Real Killer is a production of AYR Media and iHeartMedia, hosted by me Leah Rothman. Executive producers Leah Rothman and Elisa Rosen for AYR Media, Written by Leah Rothman, editing and sound design by Cameron Taggi, mixed and mastered by Cameron Taggi. Production coordinator Andy Levine, Audio engineer Justin Longerbeam studio engineer Graham Gibson, Legal console for AYR Media, Douglas Executive producer for iHeartMedia, Maya Howard