WEBVTT - Justice for Who Deserves It

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<v Speaker 1>A warning.

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<v Speaker 2>This episode contains depictions of violence and conversations about suicide

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<v Speaker 2>that may be disturbing and triggering for some listeners. If

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<v Speaker 2>you are struggling with suicidal thoughts, please fast forward to

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<v Speaker 2>the end of this episode to find out where help

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<v Speaker 2>is available.

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<v Speaker 1>It felt very real what she was telling.

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<v Speaker 2>Me, A stunning confession before Kelly Moffatt ever comes forward

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<v Speaker 2>to authorities.

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<v Speaker 1>I'm still a loss for words for it, because it's,

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<v Speaker 1>first of all, it's something I don't talk about. It's

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<v Speaker 1>something I'm not comfortable with. I hate that I even

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<v Speaker 1>have had to talk about it more than I've ever

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<v Speaker 1>needed to in my whole life.

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<v Speaker 3>I'm Leah Rothman.

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<v Speaker 2>This is The Real Killer, Episode eleven and Justice for

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<v Speaker 2>who Deserves It. Before we get into this week's episode,

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<v Speaker 2>A quick note about something in our last episode. I

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<v Speaker 2>mentioned that back in nineteen ninety seven, no testing had

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<v Speaker 2>been performed on Anastasia's hands for trace metals. Turns out

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<v Speaker 2>there was material collected from underneath her fingernails that wasn't

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<v Speaker 2>tested either. In twenty twenty three, Byron's legal team had

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<v Speaker 2>that material tested for DNA by the Kansas City Police

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<v Speaker 2>crime Lab. The Examiner wrote in their report that two

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<v Speaker 2>of the samples had no foreign genetic material detected, meaning

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<v Speaker 2>what was found belonged to anastasia, and the last sample

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<v Speaker 2>was too small to detect anything usable.

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<v Speaker 1>Okay.

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<v Speaker 2>Also in the last episode, we shared some of the

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<v Speaker 2>affidavits Byron's legal team has obtained from the medical examiner,

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<v Speaker 2>the judge, and the defense attorney. We also shared some

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<v Speaker 2>of Angie Giannino's affidavit. Angie and Kelly met in late

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<v Speaker 2>nineteen ninety nine early two thousand, when Kelly was seventeen

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<v Speaker 2>and Angie was a couple of years older. Angie is

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<v Speaker 2>the friend who on May fifteenth, two thousand, was pulled

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<v Speaker 2>over for speeding. Remember, Kelly was in the passenger seat

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<v Speaker 2>through a bottle of alcohol out the car window and

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<v Speaker 2>was eventually arrested for littering, given shock, jail time, and probation.

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<v Speaker 2>Angie was also at Kelly's house when the June fifth

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<v Speaker 2>recorded phone call took place. Today, Angie is a mother

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<v Speaker 2>and works as an IT solution analyst in the Kansas

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<v Speaker 2>City area. Angie agrees to speak with me and share

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<v Speaker 2>what she remembers about Kelly, their friendship and so much

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<v Speaker 2>more so, how.

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<v Speaker 3>Did you meet Kelly.

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<v Speaker 1>I had met her at a party. It was a

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<v Speaker 1>rave essentially, and we just like connected immediately, Like she

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<v Speaker 1>was just a ray of sunshine and I felt her

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<v Speaker 1>vibe and she felt mine and it was magical.

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<v Speaker 3>How does a friendship flourish?

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<v Speaker 1>What I liked about her and the reason why the

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<v Speaker 1>friendship even continued was that she was just so genuine

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<v Speaker 1>and she was just so sweet, and she really cared

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<v Speaker 1>about you. So when she talked to you, you mattered,

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<v Speaker 1>and she really listened to you, and she was very intelligent.

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<v Speaker 1>We had a passion to also go enjoy ourselves, so

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<v Speaker 1>we kind of followed where these parties went and you know,

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<v Speaker 1>kind of went into that scene for a bit. But

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<v Speaker 1>we had a blast. We would dance, we would laugh.

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<v Speaker 1>I mean, it was just so much fun.

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<v Speaker 3>Uh it was Kelly in school at that point.

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<v Speaker 1>Or no or no, she was not in school. We

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<v Speaker 1>never talked about school. That's weird. Like we talked about everything,

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<v Speaker 1>like about life, philosophy, Like we were really into Avante

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<v Speaker 1>Guard film music, like none of like the real mainstream stuff.

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<v Speaker 1>Like she was so mature, like her whole person, her

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<v Speaker 1>whole aura. She's just a very old soul.

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<v Speaker 3>When did you first learn of Byron case.

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<v Speaker 1>It was in her bedroom at her parents' house. Like

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<v Speaker 1>I don't know if it was Bao house we were

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<v Speaker 1>listening to or could have been the Cure. I mean

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<v Speaker 1>we just just a song made her think of him,

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<v Speaker 1>and like so she spoke of him in a very

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<v Speaker 1>light manner, initially.

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<v Speaker 2>A reminder at this point Kelly and Byron are no

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<v Speaker 2>longer together before and what did she say about the relationship,

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<v Speaker 2>But she.

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<v Speaker 1>Was just telling me like this, like he was this

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<v Speaker 1>older man and he was just so beautiful, and he

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<v Speaker 1>thought she was so beautiful, and they were just enamored

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<v Speaker 1>with each other, and it was like this magical love

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<v Speaker 1>story and they were just like obsessed with one another.

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<v Speaker 1>I was like, wow, she goes yeah. I'm like, how

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<v Speaker 1>did you meet him? She's like in Westport? And I

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<v Speaker 1>was like, well, how old were you? And she was like,

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<v Speaker 1>I was like thirteen, And I was like, what what

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<v Speaker 1>do you do with Westport at thirteen? By yourself? I

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<v Speaker 1>was just amazed by the fact that she was down there.

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<v Speaker 1>I mean, I don't remember where she met him in Westport,

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<v Speaker 1>but she met him and they just immediately like had

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<v Speaker 1>this like loving like you know, I don't know, mystical

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<v Speaker 1>love if you will. That was the assumption I was

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<v Speaker 1>under when I heard about him. She's like, oh, yeah,

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<v Speaker 1>we would listen to all this music and dance and

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<v Speaker 1>she would do all these like dramatic things with her hands,

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<v Speaker 1>you know, very gothy, goth ass kind of vibes with it.

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<v Speaker 4>So was Kelly goth Yeah, she was, But I was two,

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<v Speaker 4>so it wasn't like I'm like, okay, like I love

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<v Speaker 4>the same music and a lot of the same movies.

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<v Speaker 1>So she had a dark esthetic. I wouldn't say, I

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<v Speaker 1>don't know how to describe it, but she was just

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<v Speaker 1>she had a very light dark about her.

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<v Speaker 2>Over time and She's says she notices some changes in

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<v Speaker 2>Kelly's behavior.

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<v Speaker 1>So I saw some of the cracks in the pavement

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<v Speaker 1>as time went on in our friendship. Her and I,

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<v Speaker 1>like I said, we went to raves. So when we

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<v Speaker 1>went to raves, we tried some of the things there,

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<v Speaker 1>so that would be like ecstasy, you know, but like

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<v Speaker 1>some of those things and like you know, smoke weed

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<v Speaker 1>and those were the things, at least to my knowledge,

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<v Speaker 1>we were doing. But I didn't know that behind the

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<v Speaker 1>scenes there were things going on with Kelly and what

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<v Speaker 1>she was doing. So I didn't know that it almost

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<v Speaker 1>became an everyday thing that she was drinking vodka every day,

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<v Speaker 1>functioning alcoholic. I didn't know this. I was drinking, but

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<v Speaker 1>I wasn't drinking to that extreme extent like I was like, oh, yeah,

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<v Speaker 1>it's to drink, you know. And then she was dating

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<v Speaker 1>this guy named Jim, and I don't know if it's

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<v Speaker 1>just up and down like relationship, but then I saw

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<v Speaker 1>more things happen, like her drug use.

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<v Speaker 2>So one day, you and Kelly are hanging out and

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<v Speaker 2>she says what she's.

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<v Speaker 1>Like, yeah, let's go visit.

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<v Speaker 2>Him, and she's talking about Byron.

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<v Speaker 1>I think he's still I don't know if she was

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<v Speaker 1>communicating with him or how that all even transpired.

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<v Speaker 4>How.

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<v Speaker 1>I was like, final, take you because I had a car,

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<v Speaker 1>so I'll come with you. So we pulled up to

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<v Speaker 1>his apartment typical Westport apartment, you know, midtown apartment, and

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<v Speaker 1>we went in and like immediately it was so cold,

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<v Speaker 1>like and not like temperature like I'm freezing, I need

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<v Speaker 1>a coat, but like it just dissolute. It felt very cold,

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<v Speaker 1>like very very cold. And we enter into the into

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<v Speaker 1>his place, and I immediately feel insanely uncomfortable, like I

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<v Speaker 1>don't feel like I belong there. I don't know what's

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<v Speaker 1>going on, but I don't feel very comfortable at all.

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<v Speaker 1>So I proceed to have some drinks because it would

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<v Speaker 1>probably keep me at a decent composure so I could

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<v Speaker 1>handle the situation. I didn't even know what to expect. Nothing.

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<v Speaker 1>I just felt a very icy, cold energy within that place.

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<v Speaker 1>So they immediately never lose eye contact and just talk.

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<v Speaker 1>They're talking, They're talking, talking, talking, you know, I'm just

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<v Speaker 1>sitting on the couch and letting that happen. I think

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<v Speaker 1>a roommate comes in. I don't know if the roommate went

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<v Speaker 1>to the room or left. I don't know. Again, I

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<v Speaker 1>just was hoping we could get out of there fast,

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<v Speaker 1>because what I envisioned of this man was nothing that

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<v Speaker 1>I felt or saw with my own two eyes that

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<v Speaker 1>Kelly had glamorized early on.

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<v Speaker 2>And Kelly and Byron are talking NonStop. How do they

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<v Speaker 2>seem with each other? Do they seem comfortable?

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<v Speaker 1>Are they intense like body language of mimic each other,

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<v Speaker 1>like like almost as if they were I don't know,

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<v Speaker 1>like there was definitely there was definitely still a connection

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<v Speaker 1>between the two. I couldn't decipher, you know, feelings were involved,

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<v Speaker 1>but it was like they were connected and they were talking,

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<v Speaker 1>so they were into what they were talking. My back

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<v Speaker 1>was towards them. I'm on their food, on his futon

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<v Speaker 1>couch whatever it was, and they were behind me talking

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<v Speaker 1>and I think she sat down over here once and

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<v Speaker 1>talked to him, and then she got back up and talked.

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<v Speaker 1>They were talking out loud, there was no whispering. I

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<v Speaker 1>just don't remember what they talked about because I was

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<v Speaker 1>so like, I want to get out of here, Like

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<v Speaker 1>I just blocked because I didn't think it was important

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<v Speaker 1>for me to listen to what they were talking about.

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<v Speaker 2>I think Byron was about to move to Saint Louis.

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<v Speaker 2>Do you remember if there were moving boxes or if

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<v Speaker 2>Kelly said anything about what are the boxes here for?

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<v Speaker 2>And he's like, I'm moving to Saint Louis? Do you

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<v Speaker 2>remember any of that?

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<v Speaker 1>Honestly, the only memories I have are walking into that

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<v Speaker 1>place and it feeling the vibe that I got of

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<v Speaker 1>it feeling very icy cold.

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<v Speaker 2>Did as you were there for a little bit, did

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<v Speaker 2>it get a little bit more comfortable, did you feel

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<v Speaker 2>a little bit more at ease or did you feel

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<v Speaker 2>that way?

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<v Speaker 3>Did you feel uncomfortable the entire time you were there?

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<v Speaker 1>I think after my second shot I felt better. To

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<v Speaker 1>be honest, I don't think that the vibe ever changed.

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<v Speaker 1>So how long are you at Byron's? Roughly could have

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<v Speaker 1>been an hour?

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<v Speaker 3>And what happens when you leave?

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<v Speaker 1>Remember we left and she told me, let's just go

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<v Speaker 1>to a park. I need to talk to you, and

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<v Speaker 1>I said, okay. This was directly after leaving his house.

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<v Speaker 1>We pull over in a park there in Kansas City,

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<v Speaker 1>not far from his place, and it what she tells

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<v Speaker 1>me in that car made my heart drop. So she

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<v Speaker 1>tells me of what had happened to the two people

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<v Speaker 1>that were murdered and what she witnessed, and I just

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<v Speaker 1>couldn't believe it, Like why, first of all, take me

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<v Speaker 1>to a place of someone who would have done that

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<v Speaker 1>to somebody like what I had. I'm still a loss

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<v Speaker 1>of words for having to experience something just secondhand like that,

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<v Speaker 1>just to hear someone tell me that, like, it wasn't

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<v Speaker 1>a movie, it wasn't a book, it was someone who

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<v Speaker 1>actually saw something so terrible happened. She tells me the

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<v Speaker 1>whole story, and.

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<v Speaker 3>Tell me, can you tell me what she told you?

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<v Speaker 3>What did she What did Kelly tell you?

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<v Speaker 1>Oh my god, Oh my god, Like it's awful. Like

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<v Speaker 1>she said that she her and Byron would hang out

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<v Speaker 1>with Anastasia and the scirling Monastasia and Justin they were

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<v Speaker 1>a couple, like they hung out with them and a

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<v Speaker 1>couple other people. But I know do have their names

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<v Speaker 1>because of what that story And it's not a story.

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<v Speaker 1>I mean, this happened to somebody, to people's lives are

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<v Speaker 1>gone now, you know, like telling me about what had happened.

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<v Speaker 1>So she told me, I mean, sorry, I'm getting all

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<v Speaker 1>jumbled here because I mean, this is intense. So she

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<v Speaker 1>told me that she witnessed Byron murder Anastasia and how

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<v Speaker 1>he did that was by She was in the front

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<v Speaker 1>seat and he told Anastasia to get out of the

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<v Speaker 1>car in front of the car, and then he went

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<v Speaker 1>to the back of the car and pulled out a

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<v Speaker 1>shotgun or a gun, I'm not sure what kind of weapon,

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<v Speaker 1>but it was a gun and killed and Kelly was

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<v Speaker 1>in the front seat witnessing this. Again, she could have

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<v Speaker 1>been in the front seat, she could have been out

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<v Speaker 1>of the car, but she witnessed it.

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<v Speaker 2>And so you your friend Kelly tells you that she

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<v Speaker 2>witnessed her boyfriend murder, her friend murder, and what do

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<v Speaker 2>you what is going through you?

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<v Speaker 1>Fear and sadness discussed and like every emotion you could

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<v Speaker 1>possibly go through.

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<v Speaker 2>But there's more and it involves Justin.

0:13:34.200 --> 0:13:38.280
<v Speaker 1>That was kind of a gray area because she said

0:13:38.280 --> 0:13:42.240
<v Speaker 1>that he was found like a week later in a warehouse,

0:13:42.559 --> 0:13:46.800
<v Speaker 1>and like in DeSoto, Kansas. I believe she didn't witness

0:13:46.880 --> 0:13:49.960
<v Speaker 1>what happened with Justin, so she couldn't be one hundred

0:13:50.000 --> 0:13:55.600
<v Speaker 1>percent certain about that, but she definitely, she definitely felt

0:13:55.640 --> 0:13:58.679
<v Speaker 1>that he had some Byron had something to do with

0:13:58.960 --> 0:13:59.800
<v Speaker 1>Justin's murder.

0:14:00.480 --> 0:14:05.360
<v Speaker 2>A reminder, Justin's death was ruled a suicide. I think

0:14:05.640 --> 0:14:08.240
<v Speaker 2>you said when we spoke last, like you were almost

0:14:08.400 --> 0:14:11.680
<v Speaker 2>kind of mad at her that she brought you to

0:14:11.720 --> 0:14:12.600
<v Speaker 2>Byron's house.

0:14:13.280 --> 0:14:16.440
<v Speaker 1>After you learn I was, I was shocked and I

0:14:16.520 --> 0:14:20.120
<v Speaker 1>was pissed, and afterwards I just was like, what the

0:14:20.200 --> 0:14:23.160
<v Speaker 1>hell are you doing? Why would you put me in

0:14:23.200 --> 0:14:26.840
<v Speaker 1>any harms way like that? Like what if he went

0:14:27.000 --> 0:14:30.040
<v Speaker 1>crazy and did something to us at his place. I

0:14:30.080 --> 0:14:33.480
<v Speaker 1>don't know him, I didn't know anything like this about him,

0:14:33.480 --> 0:14:35.880
<v Speaker 1>Like I was, I mean, there were just so many

0:14:35.920 --> 0:14:38.480
<v Speaker 1>thoughts going through my head. And then just to know

0:14:38.560 --> 0:14:42.040
<v Speaker 1>that that had happened and she had told me. I mean,

0:14:42.200 --> 0:14:46.000
<v Speaker 1>I was just sick, like so such a barrage of

0:14:46.040 --> 0:14:49.960
<v Speaker 1>emotions pouring out of me, like I I was, And

0:14:50.720 --> 0:14:53.880
<v Speaker 1>absolutely I was like why would you even bring someone?

0:14:54.560 --> 0:14:58.760
<v Speaker 1>But I felt that she in just retrospect, she probably

0:14:58.800 --> 0:15:02.080
<v Speaker 1>felt safe with me there because we were the closest

0:15:02.120 --> 0:15:02.800
<v Speaker 1>to one another.

0:15:03.320 --> 0:15:05.880
<v Speaker 2>She must not have been afraid of Byron the way

0:15:05.920 --> 0:15:09.920
<v Speaker 2>you described like their interaction at his apartment.

0:15:10.280 --> 0:15:13.800
<v Speaker 1>She wasn't. She didn't seem like she was afraid. But

0:15:14.040 --> 0:15:16.520
<v Speaker 1>I don't know if she was putting on a brave face.

0:15:17.200 --> 0:15:20.680
<v Speaker 1>I don't know, Like get me to the nearest place

0:15:20.680 --> 0:15:25.320
<v Speaker 1>where I could sit I needed. I just felt very uncomfortable,

0:15:25.400 --> 0:15:28.320
<v Speaker 1>Like it just felt like a very dark force, if

0:15:28.320 --> 0:15:30.480
<v Speaker 1>you will, Like I just felt a very dark energy

0:15:30.480 --> 0:15:32.360
<v Speaker 1>in the home. I mean, that's the best way to

0:15:32.400 --> 0:15:33.000
<v Speaker 1>describe it.

0:15:33.400 --> 0:15:35.840
<v Speaker 3>You said you needed to drink. Was Kelly drinking at

0:15:35.640 --> 0:15:37.680
<v Speaker 3>that at the apartment too? With Laren?

0:15:37.960 --> 0:15:42.840
<v Speaker 1>Oh? I'm sure she was always drinking. Unfortunately, did you

0:15:42.840 --> 0:15:43.600
<v Speaker 1>guys drink?

0:15:43.760 --> 0:15:46.280
<v Speaker 2>Did you drink when you went to the park and

0:15:46.360 --> 0:15:47.520
<v Speaker 2>she went to go tell you, you.

0:15:47.520 --> 0:15:50.120
<v Speaker 1>Know, I think we did. I think no, I think

0:15:50.160 --> 0:15:52.160
<v Speaker 1>we did have a bottle in the car, And I

0:15:52.160 --> 0:15:54.520
<v Speaker 1>got to remember all this stuff, But I think I

0:15:54.560 --> 0:15:56.760
<v Speaker 1>remember going to the park. I remember her telling me

0:15:56.800 --> 0:16:00.600
<v Speaker 1>what happened, and I'm sure we had was in the car.

0:16:01.040 --> 0:16:03.520
<v Speaker 1>Sure there was like vodka in the car. If not,

0:16:03.600 --> 0:16:06.840
<v Speaker 1>we went and got some probably after. It's awful.

0:16:07.320 --> 0:16:14.640
<v Speaker 2>What what had or had you discussed Anastasia's death and

0:16:14.920 --> 0:16:17.600
<v Speaker 2>Justin's deaths, their deaths before.

0:16:17.840 --> 0:16:19.480
<v Speaker 3>Or when did you first learn?

0:16:19.800 --> 0:16:19.880
<v Speaker 5>No?

0:16:20.680 --> 0:16:22.680
<v Speaker 1>Yeah, she'd never mentioned in the car.

0:16:23.000 --> 0:16:25.400
<v Speaker 2>She'd never in your year and a half or year

0:16:25.520 --> 0:16:28.880
<v Speaker 2>plus of friendship at that point, she'd never mentioned that

0:16:29.000 --> 0:16:32.080
<v Speaker 2>one of her friends was murdered and her boyfriend was

0:16:32.120 --> 0:16:33.120
<v Speaker 2>also found dead.

0:16:33.480 --> 0:16:34.680
<v Speaker 1>No, never once.

0:16:35.800 --> 0:16:38.840
<v Speaker 3>How when Kelly's telling you this is she how is she?

0:16:39.280 --> 0:16:39.400
<v Speaker 6>Like?

0:16:39.440 --> 0:16:40.360
<v Speaker 3>What is her demeanor?

0:16:40.640 --> 0:16:43.480
<v Speaker 1>She's like, I'm in my like I'm in my seat,

0:16:43.840 --> 0:16:45.720
<v Speaker 1>you know, I'm the driver's seat. And then she's like

0:16:46.000 --> 0:16:49.600
<v Speaker 1>facing me like this and telling me what's happening. So

0:16:49.640 --> 0:16:52.960
<v Speaker 1>she's she's kind of catty corner to me, and she's

0:16:53.440 --> 0:16:58.880
<v Speaker 1>telling me like crying, like just it all was a floodgate,

0:16:59.280 --> 0:17:02.880
<v Speaker 1>and I felt the floodgates, like she just it all floodgated,

0:17:02.960 --> 0:17:06.000
<v Speaker 1>all this information, all these things she's held in. I

0:17:06.040 --> 0:17:10.119
<v Speaker 1>could feel the release of something that needed to be said,

0:17:10.520 --> 0:17:12.920
<v Speaker 1>and she told me. You know, I think the main

0:17:12.960 --> 0:17:15.359
<v Speaker 1>thing was me wanting to comfort her because that's a

0:17:15.400 --> 0:17:19.280
<v Speaker 1>big admission, and she's bawling and freaking out, and I

0:17:19.359 --> 0:17:22.120
<v Speaker 1>was like, my friend is a lot of pain, and

0:17:22.160 --> 0:17:25.800
<v Speaker 1>she just admitted something so terrible, and to have witnessed

0:17:25.800 --> 0:17:28.879
<v Speaker 1>something so terrible it was, it was just an awful

0:17:29.480 --> 0:17:30.160
<v Speaker 1>I felt for her.

0:17:30.520 --> 0:17:33.600
<v Speaker 2>I did did Kelly say anything else about what happened

0:17:33.600 --> 0:17:35.400
<v Speaker 2>the night that Anastasia was murdered?

0:17:36.119 --> 0:17:39.200
<v Speaker 1>She did, She did tell me the details, but I

0:17:39.280 --> 0:17:40.720
<v Speaker 1>honestly don't remember them.

0:17:41.000 --> 0:17:41.440
<v Speaker 3>That's fine.

0:17:41.920 --> 0:17:44.199
<v Speaker 2>You said that there was no part of you that

0:17:44.359 --> 0:17:46.960
<v Speaker 2>questioned what Kelly was telling you.

0:17:46.960 --> 0:17:48.919
<v Speaker 3>You believed her.

0:17:49.200 --> 0:17:54.159
<v Speaker 1>One, yes, yeah, I mean I had no reason to

0:17:54.280 --> 0:17:57.800
<v Speaker 1>not believe her. She didn't lie to me. She was

0:17:57.840 --> 0:17:59.000
<v Speaker 1>a great friend to me.

0:18:00.240 --> 0:18:02.880
<v Speaker 3>And you said she'd never lied to you.

0:18:03.600 --> 0:18:06.719
<v Speaker 1>That I mean nothing that I ever caught nothing that

0:18:06.760 --> 0:18:09.480
<v Speaker 1>I was like, oh you know you lied to me?

0:18:10.000 --> 0:18:14.280
<v Speaker 1>Oh yeah, she was pretty honest. I mean she was

0:18:14.359 --> 0:18:18.080
<v Speaker 1>up straightforward, you know, very I mean she was.

0:18:18.040 --> 0:18:23.000
<v Speaker 2>Honest, Angie says. After that day, Kelly's drug use gets worse.

0:18:24.000 --> 0:18:27.600
<v Speaker 1>So that started the decline of things because I'm like,

0:18:28.160 --> 0:18:30.960
<v Speaker 1>I can't follow that. I can't be a part of that.

0:18:30.960 --> 0:18:34.440
<v Speaker 1>That's not me. So once that started, that's when our

0:18:34.520 --> 0:18:38.080
<v Speaker 1>friendship kind of started. We were like this and then

0:18:38.320 --> 0:18:40.199
<v Speaker 1>you know, we were so close, and then we just

0:18:40.760 --> 0:18:43.479
<v Speaker 1>dissipated slowly, Okay.

0:18:43.680 --> 0:18:47.000
<v Speaker 2>And then so she goes into rehab. Do you know,

0:18:47.240 --> 0:18:49.720
<v Speaker 2>is it like multiple times or is it just one

0:18:49.800 --> 0:18:52.280
<v Speaker 2>time before getting to going to Byron's house.

0:18:52.040 --> 0:18:52.600
<v Speaker 3>That one day.

0:18:53.200 --> 0:18:55.560
<v Speaker 1>She may have gone to rehab before that, but I

0:18:55.600 --> 0:18:59.960
<v Speaker 1>don't remember. Excuse me, I don't remember when her first

0:19:00.080 --> 0:19:03.600
<v Speaker 1>stint was other than when I was friends with her,

0:19:04.440 --> 0:19:09.760
<v Speaker 1>Like the like crack use became out of hand when

0:19:10.119 --> 0:19:13.879
<v Speaker 1>after we went to his house. But really the catalyst

0:19:13.960 --> 0:19:18.000
<v Speaker 1>was going to Byrons. That's where Kelly started spiraling.

0:19:17.800 --> 0:19:19.320
<v Speaker 3>Meaning the drugs.

0:19:19.359 --> 0:19:23.159
<v Speaker 1>The drugs. Yeah, so she just went off that. She

0:19:23.200 --> 0:19:26.520
<v Speaker 1>went off that end there about that deep end, and

0:19:27.000 --> 0:19:30.040
<v Speaker 1>that was what her coping mechanism was. I think seeing

0:19:30.080 --> 0:19:33.320
<v Speaker 1>him triggered her. Telling me what happened triggered her, and

0:19:33.680 --> 0:19:37.600
<v Speaker 1>that she was already triggered because she was already drinking

0:19:38.119 --> 0:19:41.960
<v Speaker 1>daily behind closed doors. Again, things I didn't realize till later.

0:19:42.359 --> 0:19:44.680
<v Speaker 1>So after that, it was her going down that dark

0:19:44.680 --> 0:19:47.840
<v Speaker 1>demise into drugs, you know, and then it all kind

0:19:47.880 --> 0:19:50.800
<v Speaker 1>of went to where she then went into rehab and

0:19:50.880 --> 0:19:53.639
<v Speaker 1>then her admission had happened there.

0:19:55.280 --> 0:19:59.480
<v Speaker 2>So timeline wise, it seems around June or July of

0:19:59.480 --> 0:20:02.600
<v Speaker 2>two thousand and Kelly and Angie go to Byron's house

0:20:02.800 --> 0:20:08.600
<v Speaker 2>and Kelly confesses to witnessing Byron kill Anastasia. Then two

0:20:08.640 --> 0:20:12.879
<v Speaker 2>three months later, in September of two thousand, Kelly confesses

0:20:12.920 --> 0:20:15.919
<v Speaker 2>to her drug counselor and the authorities are called.

0:20:17.000 --> 0:20:17.400
<v Speaker 3>Did she.

0:20:18.840 --> 0:20:23.360
<v Speaker 2>Share with you when she came forward and spoke with police?

0:20:23.520 --> 0:20:27.560
<v Speaker 1>And yeah, she told me she told the counselor and

0:20:28.119 --> 0:20:31.680
<v Speaker 1>that that ball is going to start rolling basically like that.

0:20:32.400 --> 0:20:32.600
<v Speaker 3>Yeah.

0:20:32.640 --> 0:20:34.720
<v Speaker 2>I was going to ask you, like, did you ever

0:20:34.880 --> 0:20:36.560
<v Speaker 2>consider going to the authorities?

0:20:37.280 --> 0:20:37.480
<v Speaker 7>Yeah?

0:20:37.560 --> 0:20:40.280
<v Speaker 1>If I had time to really mull it over and

0:20:40.320 --> 0:20:43.359
<v Speaker 1>not then get swept into another thing that I had

0:20:43.440 --> 0:20:47.880
<v Speaker 1>to now be concerned for my friend safety and life,

0:20:48.119 --> 0:20:51.640
<v Speaker 1>I probably would have done that. You know, I probably

0:20:51.680 --> 0:20:54.720
<v Speaker 1>would have taken those steps. But it was again, the

0:20:54.800 --> 0:20:58.960
<v Speaker 1>two years were so extreme, so many extreme things happened.

0:20:59.440 --> 0:21:01.960
<v Speaker 1>So this was like the latter part of the extremity.

0:21:02.040 --> 0:21:06.280
<v Speaker 1>It was her addiction or turned into addiction or I

0:21:06.320 --> 0:21:09.760
<v Speaker 1>don't know when it all started, but it completely spiraled

0:21:09.760 --> 0:21:12.640
<v Speaker 1>out of control after she told me what had happened.

0:21:13.200 --> 0:21:20.160
<v Speaker 2>So you were interviewed by Byron's previous attorney, Cindy Short

0:21:20.600 --> 0:21:21.879
<v Speaker 2>I think in twenty sixteen with.

0:21:21.960 --> 0:21:24.840
<v Speaker 1>My very first phone call, yeah, and.

0:21:24.760 --> 0:21:28.879
<v Speaker 2>Then again by his current legal team last year twenty

0:21:28.920 --> 0:21:29.440
<v Speaker 2>twenty three.

0:21:30.040 --> 0:21:35.240
<v Speaker 1>So when you spoke with Cindy Women, yes, yeah, when

0:21:35.280 --> 0:21:36.000
<v Speaker 1>you spoke.

0:21:35.760 --> 0:21:37.840
<v Speaker 3>With Great, what do you make of that?

0:21:38.359 --> 0:21:40.160
<v Speaker 1>First of all, I'm like, why do you guys keep

0:21:40.240 --> 0:21:44.080
<v Speaker 1>asking me, like what did I have to do with anything?

0:21:44.359 --> 0:21:46.919
<v Speaker 1>That's how I feel. I feel very put out. That

0:21:47.040 --> 0:21:50.840
<v Speaker 1>was the initial feeling because I don't even know these people.

0:21:51.080 --> 0:21:54.240
<v Speaker 1>I was told this in a car and after that,

0:21:54.280 --> 0:21:57.840
<v Speaker 1>the whole friendship group, you know, it just went south.

0:21:58.359 --> 0:22:01.560
<v Speaker 1>She went south at all Wins, So I could they

0:22:01.560 --> 0:22:05.600
<v Speaker 1>couldn't have been kinder people, especially like put in a

0:22:05.720 --> 0:22:08.560
<v Speaker 1>cold And my take on it is, I get that

0:22:08.600 --> 0:22:11.320
<v Speaker 1>they need to do this to you. You're not on

0:22:11.359 --> 0:22:13.960
<v Speaker 1>anyone's side. You're trying to just hear the facts and

0:22:14.000 --> 0:22:17.920
<v Speaker 1>you're trying to, you know, hear the accounts and stories

0:22:17.960 --> 0:22:20.159
<v Speaker 1>from everyone, and I find that great. That's why I'm

0:22:20.240 --> 0:22:23.400
<v Speaker 1>very comfortable in talking to you about this again. I

0:22:23.440 --> 0:22:27.040
<v Speaker 1>can't I'm not pointing any fingers in anyone because I

0:22:27.080 --> 0:22:32.040
<v Speaker 1>don't I wasn't there, I don't know. I can only

0:22:32.080 --> 0:22:34.080
<v Speaker 1>go off of what I was told by a close

0:22:34.119 --> 0:22:37.280
<v Speaker 1>friend of mine at the time and what I felt,

0:22:37.680 --> 0:22:39.080
<v Speaker 1>And that's all I can go off of.

0:22:39.680 --> 0:22:46.280
<v Speaker 2>Have you ever wondered if perhaps Byron Case is innocent?

0:22:47.000 --> 0:22:48.120
<v Speaker 1>Yeah, I've wondered.

0:22:48.760 --> 0:22:49.080
<v Speaker 3>I have.

0:22:49.520 --> 0:22:54.240
<v Speaker 1>Yeah, it's hard because I you know, people can convince

0:22:54.280 --> 0:22:58.399
<v Speaker 1>me that Kelly's lying. People can convince me all sorts

0:22:58.440 --> 0:23:01.439
<v Speaker 1>of things. I can only go off how I feel

0:23:01.720 --> 0:23:04.920
<v Speaker 1>and what I have felt in the present moments when

0:23:05.000 --> 0:23:09.120
<v Speaker 1>they were happening. And for me, I didn't doubt her,

0:23:09.359 --> 0:23:13.920
<v Speaker 1>you know, because it just felt so real and how

0:23:14.080 --> 0:23:18.920
<v Speaker 1>she spiraled like that, that for me was like validity.

0:23:19.119 --> 0:23:23.119
<v Speaker 1>That she is losing her mind because of this admission.

0:23:23.280 --> 0:23:27.359
<v Speaker 1>It's not because of guilt. It's because maybe it was

0:23:27.359 --> 0:23:29.840
<v Speaker 1>guilt of holding on to it so long. You know

0:23:30.080 --> 0:23:34.000
<v Speaker 1>that she never came forward with the true, her true

0:23:34.080 --> 0:23:36.639
<v Speaker 1>version of it, you know, and she's been holding on

0:23:36.720 --> 0:23:38.920
<v Speaker 1>to that, so that's eating her alives. So she's got

0:23:39.000 --> 0:23:44.160
<v Speaker 1>to do something to fill that void. And that's what

0:23:44.240 --> 0:23:47.720
<v Speaker 1>I felt when she went down the spiral. People I've

0:23:47.760 --> 0:23:50.040
<v Speaker 1>heard painted all sorts of pictures about her that she's

0:23:50.080 --> 0:23:53.359
<v Speaker 1>been doing it for ears and she was already, you know,

0:23:53.400 --> 0:23:56.920
<v Speaker 1>a drug addict and all of that. Well, I mean,

0:23:57.640 --> 0:23:59.720
<v Speaker 1>I don't know that to be true. I can only

0:24:00.080 --> 0:24:04.000
<v Speaker 1>call the two years that we were friends. She was great,

0:24:04.680 --> 0:24:07.480
<v Speaker 1>the glimpses I got to have with her and one

0:24:07.520 --> 0:24:09.560
<v Speaker 1>of a very dear friend of mine at that time.

0:24:10.080 --> 0:24:15.159
<v Speaker 1>But I want justice for who deserves it, and I

0:24:15.320 --> 0:24:19.919
<v Speaker 1>just I can't, like I said, no, for sure what

0:24:20.119 --> 0:24:23.720
<v Speaker 1>has happened other than what I again have been told.

0:24:24.520 --> 0:24:28.080
<v Speaker 2>Angie says she and Kelly are no longer in touch.

0:24:28.960 --> 0:24:32.119
<v Speaker 1>It sucks that all of this happened. It sucked to

0:24:32.280 --> 0:24:37.400
<v Speaker 1>witness a bright, shiny light just kind of like flash

0:24:37.440 --> 0:24:41.720
<v Speaker 1>out like at that time. Like it sucks to all

0:24:41.760 --> 0:24:45.919
<v Speaker 1>of it, and it's like it hurts because it's I

0:24:45.920 --> 0:24:50.040
<v Speaker 1>can only imagine. Obviously there's people who can't speak for themselves,

0:24:50.080 --> 0:24:54.719
<v Speaker 1>they're not alive anymore. There's I mean, it's it's insane,

0:24:54.840 --> 0:24:58.720
<v Speaker 1>to me that any of this that my brain has

0:24:58.760 --> 0:25:02.520
<v Speaker 1>to compartmentalize. I mean, people go through worse trauma in

0:25:02.640 --> 0:25:07.880
<v Speaker 1>terms of they're not alive, or they're incarcerated, or they're

0:25:07.920 --> 0:25:11.960
<v Speaker 1>the witness, or it's just it's a lot, so my

0:25:12.119 --> 0:25:17.640
<v Speaker 1>brain doesn't always handle certain aspects so well, not to mention,

0:25:18.320 --> 0:25:22.040
<v Speaker 1>I did drink a lot then you know I was

0:25:22.119 --> 0:25:26.119
<v Speaker 1>going to rave, so I mean my brain wasn't. I

0:25:26.119 --> 0:25:30.320
<v Speaker 1>couldn't tell you everything because of the things I partook

0:25:30.400 --> 0:25:33.640
<v Speaker 1>in at that time as well. So if it were

0:25:33.760 --> 0:25:36.199
<v Speaker 1>happening and it was all clear, like you know, I

0:25:36.200 --> 0:25:37.679
<v Speaker 1>would be like, oh yeah, I could tell you all

0:25:37.720 --> 0:25:40.280
<v Speaker 1>the things that were said, but it's just hard to

0:25:40.359 --> 0:25:43.000
<v Speaker 1>remember it all, and also I'm trying to forget it.

0:25:58.400 --> 0:26:02.639
<v Speaker 2>Angie Giannino just shared a very interesting story about what

0:26:02.760 --> 0:26:05.520
<v Speaker 2>happened when she and Kelly Moffatt went to Byron's apartment

0:26:05.560 --> 0:26:09.760
<v Speaker 2>one day and what Kelly told her after they left,

0:26:10.880 --> 0:26:14.440
<v Speaker 2>and and she remembered Byron's roommate being there that day.

0:26:15.520 --> 0:26:19.520
<v Speaker 2>The woman who was there actually was not Byron's roommate

0:26:20.000 --> 0:26:24.439
<v Speaker 2>but his friend, Jamie Jamie Reid, who today runs a

0:26:24.440 --> 0:26:29.120
<v Speaker 2>nonprofit related to LGB and trans identity agrees to talk

0:26:29.160 --> 0:26:32.000
<v Speaker 2>with me about her friendship with Byron, which began when

0:26:32.000 --> 0:26:34.720
<v Speaker 2>they met at a coffeehouse in late nineteen ninety nine

0:26:34.760 --> 0:26:38.600
<v Speaker 2>early two thousand and what she remembers about Kelly and

0:26:38.680 --> 0:26:40.840
<v Speaker 2>the day she and her friend came over.

0:26:42.040 --> 0:26:44.800
<v Speaker 3>Yeah, what were some of your impressions early impressions of.

0:26:44.840 --> 0:26:51.480
<v Speaker 5>Byron quirky, creative, incredibly smart, really caring. I think we

0:26:51.520 --> 0:26:53.320
<v Speaker 5>were both writing a lot of poetry at the time,

0:26:53.440 --> 0:26:56.800
<v Speaker 5>so passing poems back and forth and editing and thinking

0:26:56.800 --> 0:27:02.080
<v Speaker 5>about creative processes and just like hanging out. I just

0:27:02.119 --> 0:27:05.000
<v Speaker 5>thought Byron was a really good friend and was just

0:27:05.040 --> 0:27:06.120
<v Speaker 5>a really good person.

0:27:06.720 --> 0:27:09.440
<v Speaker 2>What did Byron tell you about what happened to Anastasia

0:27:09.920 --> 0:27:10.639
<v Speaker 2>and Justin.

0:27:11.200 --> 0:27:16.480
<v Speaker 5>I think that what first happened is somebody alluded to

0:27:17.720 --> 0:27:21.400
<v Speaker 5>some kind of like, oh, it's interesting that y'all are friends,

0:27:21.440 --> 0:27:23.320
<v Speaker 5>and I was like, what are you talking about? I

0:27:23.359 --> 0:27:26.960
<v Speaker 5>think I mentioned something to Byron about it, and he

0:27:27.119 --> 0:27:31.560
<v Speaker 5>was like, oh, and told me kind of the background

0:27:31.760 --> 0:27:36.040
<v Speaker 5>story and was really what I took from what I

0:27:36.119 --> 0:27:39.560
<v Speaker 5>understood was that there was a lot of grief that

0:27:39.640 --> 0:27:41.240
<v Speaker 5>Byron still had.

0:27:41.560 --> 0:27:43.400
<v Speaker 1>I could tell that he.

0:27:43.280 --> 0:27:49.560
<v Speaker 5>Cared about Justin and Anastasia and Kelly, and that there

0:27:49.720 --> 0:27:53.719
<v Speaker 5>was still sadness over it. What I just kind of

0:27:53.880 --> 0:27:57.360
<v Speaker 5>interpreted at the time was that this was a couple

0:27:57.440 --> 0:28:02.040
<v Speaker 5>who had been really volatile, Justin and Anastasia. And my

0:28:02.200 --> 0:28:06.520
<v Speaker 5>interpretation was Justin had killed his girlfriend and then killed himself,

0:28:06.880 --> 0:28:10.159
<v Speaker 5>and that's kind of what I thought had happened. I

0:28:10.160 --> 0:28:13.240
<v Speaker 5>don't remember Byron ever like saying it like that, but

0:28:13.359 --> 0:28:16.199
<v Speaker 5>it just all kind of made sense that that was

0:28:16.400 --> 0:28:18.520
<v Speaker 5>what it occurred, and to me, it just seemed like

0:28:19.000 --> 0:28:20.240
<v Speaker 5>a young tragedy.

0:28:20.680 --> 0:28:23.639
<v Speaker 3>What did Byron tell you about Kelly Moffatt.

0:28:23.760 --> 0:28:27.000
<v Speaker 5>Byron still really cared for Kelly. I could tell that

0:28:27.160 --> 0:28:31.400
<v Speaker 5>pretty quickly. Byron had a lot of distress over Kelly's

0:28:31.720 --> 0:28:35.960
<v Speaker 5>drug addiction, Kelly's life circumstances, and where Kelly was at

0:28:35.960 --> 0:28:36.359
<v Speaker 5>the time.

0:28:36.520 --> 0:28:38.400
<v Speaker 1>And it seemed to me.

0:28:38.440 --> 0:28:41.840
<v Speaker 5>That Byron was trying to create some I don't think

0:28:41.880 --> 0:28:44.720
<v Speaker 5>we use the words back then, but create some boundaries

0:28:44.880 --> 0:28:48.120
<v Speaker 5>and was trying to still be a kind, caring person,

0:28:48.240 --> 0:28:53.880
<v Speaker 5>but maybe create some distance. I was around when Kelly

0:28:54.360 --> 0:28:58.080
<v Speaker 5>would call, and so I would hear, like a one

0:28:58.200 --> 0:29:00.600
<v Speaker 5>sided com I would like hear Byron side of a

0:29:00.640 --> 0:29:04.160
<v Speaker 5>phone call. Byron just kind of saying like no, I

0:29:04.200 --> 0:29:07.480
<v Speaker 5>can't give you money. I'm sorry that you're I'm sorry

0:29:07.480 --> 0:29:10.080
<v Speaker 5>this is going on for you, Like I really wish

0:29:10.080 --> 0:29:12.600
<v Speaker 5>you the best. I really can't talk right now, you know,

0:29:12.640 --> 0:29:16.040
<v Speaker 5>I gotta go wanting like basic needs, Like it just

0:29:16.080 --> 0:29:18.480
<v Speaker 5>seemed like a kid who like couldn't take care of himself,

0:29:18.520 --> 0:29:21.400
<v Speaker 5>like I haven't eaten, you know, like you need to

0:29:21.400 --> 0:29:24.840
<v Speaker 5>take a shower, I need money, like like an addict

0:29:25.080 --> 0:29:29.560
<v Speaker 5>kind of would How often would Kelly call regularly enough

0:29:29.600 --> 0:29:32.000
<v Speaker 5>for me to think, why are you still taking these calls?

0:29:32.080 --> 0:29:34.400
<v Speaker 5>This is absurd, Like you don't need to you don't

0:29:34.440 --> 0:29:36.640
<v Speaker 5>need to talk to her anymore, Like this is too much.

0:29:36.840 --> 0:29:40.880
<v Speaker 5>I also like in retrospect now being like forty something,

0:29:41.600 --> 0:29:44.440
<v Speaker 5>these were not like phone calls at like two in

0:29:44.480 --> 0:29:47.360
<v Speaker 5>the afternoon, like a reasonable time. This would have been

0:29:47.440 --> 0:29:52.040
<v Speaker 5>like we were up super late now like she would

0:29:52.040 --> 0:29:54.840
<v Speaker 5>be calling, which would have been essentially like the middle

0:29:54.880 --> 0:29:57.719
<v Speaker 5>of the night times too. That just don't really make

0:29:57.760 --> 0:30:00.640
<v Speaker 5>a ton of sense. I just wished that he could

0:30:00.680 --> 0:30:03.240
<v Speaker 5>have like cut her off, I feel like even sooner.

0:30:03.400 --> 0:30:05.240
<v Speaker 5>But I think he was like in the process of

0:30:05.280 --> 0:30:06.800
<v Speaker 5>trying to figure out how to do that.

0:30:07.880 --> 0:30:11.720
<v Speaker 2>Although Jamie says she is there for several of Kelly's calls,

0:30:12.280 --> 0:30:15.840
<v Speaker 2>she only meets her once in person. It's the day

0:30:16.280 --> 0:30:17.720
<v Speaker 2>Angie described earlier.

0:30:18.600 --> 0:30:22.960
<v Speaker 5>So we were at Byron's apartment and she had come

0:30:23.040 --> 0:30:26.239
<v Speaker 5>to the back door, which is like the door that

0:30:26.520 --> 0:30:29.000
<v Speaker 5>you know we would park at, like back in the parking.

0:30:29.040 --> 0:30:30.440
<v Speaker 5>But she came to the back door, which is right

0:30:30.440 --> 0:30:33.959
<v Speaker 5>off the kitchen, and at first it sounded like Byron

0:30:34.080 --> 0:30:35.720
<v Speaker 5>was kind of trying to keep her at the door

0:30:35.760 --> 0:30:38.360
<v Speaker 5>and was like, no, you know, like I really can't

0:30:38.360 --> 0:30:41.320
<v Speaker 5>help you, Like I really can't talk to you right now,

0:30:41.520 --> 0:30:43.960
<v Speaker 5>kind of a thing. She came in. She was with

0:30:44.040 --> 0:30:46.760
<v Speaker 5>a friend, right he was with a friend, and it

0:30:46.800 --> 0:30:51.680
<v Speaker 5>was it was it was weird. She like was demanding

0:30:51.760 --> 0:30:56.160
<v Speaker 5>and just seemed to like be that person you kind

0:30:56.160 --> 0:30:58.960
<v Speaker 5>of want to, like, Okay, let's let's wrap this up.

0:30:59.080 --> 0:31:02.040
<v Speaker 5>Let's I can't really do what you're wanting from me.

0:31:02.320 --> 0:31:04.400
<v Speaker 5>We were playing a board game. I remember that, and

0:31:04.440 --> 0:31:07.040
<v Speaker 5>I and I remember that. He told her that he

0:31:07.120 --> 0:31:09.160
<v Speaker 5>was going to move and that we were going to

0:31:09.200 --> 0:31:13.320
<v Speaker 5>move to Saint Louis. That's when she got angry and

0:31:13.360 --> 0:31:17.120
<v Speaker 5>she threatened and said, you can't do that. You can't leave,

0:31:17.400 --> 0:31:20.120
<v Speaker 5>you know, you have to you have to take care

0:31:20.160 --> 0:31:22.840
<v Speaker 5>of me kind of a thing. And then she said,

0:31:22.880 --> 0:31:24.320
<v Speaker 5>if you move, I'm going to make your life a

0:31:24.360 --> 0:31:28.000
<v Speaker 5>living hell. And Firon was like, we really got to

0:31:28.080 --> 0:31:31.000
<v Speaker 5>be done with this conversation, like I've friends over, like

0:31:31.080 --> 0:31:32.480
<v Speaker 5>it's time to wrap this up.

0:31:32.920 --> 0:31:35.880
<v Speaker 3>But she how did she take the news that he

0:31:35.960 --> 0:31:37.040
<v Speaker 3>was moving to Saint Louis.

0:31:37.160 --> 0:31:41.760
<v Speaker 5>She was pissed, I mean she was, Yeah, she was angry,

0:31:41.800 --> 0:31:46.160
<v Speaker 5>and she acted like this lifeline was being taken away,

0:31:46.360 --> 0:31:48.800
<v Speaker 5>like how you can't do this to me, like this

0:31:48.880 --> 0:31:50.800
<v Speaker 5>is yeah, you have to be here for me.

0:31:51.520 --> 0:31:54.920
<v Speaker 3>How long? How long were Kelly and her friend there?

0:31:55.680 --> 0:31:58.480
<v Speaker 5>I don't know. I can't really recall a timeline. I

0:31:58.480 --> 0:32:02.440
<v Speaker 5>can recall like how she came in kind of tone,

0:32:02.480 --> 0:32:05.240
<v Speaker 5>and I remember kind of the anger that she got

0:32:05.280 --> 0:32:07.400
<v Speaker 5>once he told her that we were going to move.

0:32:07.880 --> 0:32:12.600
<v Speaker 2>Were they were they drinking? Do you remember Kelly Byron

0:32:13.480 --> 0:32:14.680
<v Speaker 2>her friend they were drinking?

0:32:14.760 --> 0:32:15.960
<v Speaker 1>Or no?

0:32:15.960 --> 0:32:17.760
<v Speaker 5>No, I don't remember Byron drinking.

0:32:18.360 --> 0:32:21.440
<v Speaker 3>Do you remember if Kelly was No, I don't.

0:32:21.240 --> 0:32:26.600
<v Speaker 5>Think Kelly was drinking. She seemed disregulated, like up and down.

0:32:26.720 --> 0:32:28.800
<v Speaker 5>And I want to say I want to use the

0:32:28.800 --> 0:32:33.200
<v Speaker 5>word like squirrelly, like couldn't sit still and like up

0:32:33.240 --> 0:32:35.480
<v Speaker 5>and down and dah dah da da da and like

0:32:35.480 --> 0:32:37.960
<v Speaker 5>like wanting to like run the whole show too.

0:32:38.280 --> 0:32:41.120
<v Speaker 3>And how was her friend acting? Do you remember? No,

0:32:41.240 --> 0:32:43.280
<v Speaker 3>I don't remember. I mean, did she act like she

0:32:43.320 --> 0:32:46.160
<v Speaker 3>wanted to be there or just aloof or.

0:32:46.360 --> 0:32:47.800
<v Speaker 5>I really don't remember the friend.

0:32:48.440 --> 0:32:51.120
<v Speaker 2>How were you with Kelly? Did you have any like

0:32:51.280 --> 0:32:52.760
<v Speaker 2>interactions with Kelly.

0:32:52.560 --> 0:32:56.240
<v Speaker 3>Or very very much like not really at all. No,

0:32:56.480 --> 0:32:59.760
<v Speaker 3>that day you didn't really talk to each other. No,

0:32:59.880 --> 0:33:02.240
<v Speaker 3>I had nothing to say to her, and so Kelly

0:33:02.360 --> 0:33:03.680
<v Speaker 3>mostly spoke with Byron.

0:33:04.080 --> 0:33:06.680
<v Speaker 5>Yeah, I was kind of like that other her friend,

0:33:06.760 --> 0:33:08.120
<v Speaker 5>Like I was that friend.

0:33:08.840 --> 0:33:09.920
<v Speaker 3>Yeah, quiet in the.

0:33:09.960 --> 0:33:15.239
<v Speaker 2>Room, Jamie says. After Byron tries for a while to

0:33:15.240 --> 0:33:18.160
<v Speaker 2>get Kelly and her friend to leave, they finally do.

0:33:19.280 --> 0:33:22.960
<v Speaker 2>After Kelly and her friend left, do you remember what

0:33:23.040 --> 0:33:24.560
<v Speaker 2>the conversation was with Byron?

0:33:25.080 --> 0:33:28.560
<v Speaker 5>Uh? Similar to the other conversations we had had at

0:33:28.560 --> 0:33:31.440
<v Speaker 5>that point, which was you don't have to deal with this.

0:33:31.960 --> 0:33:33.600
<v Speaker 1>I feel like he.

0:33:33.400 --> 0:33:37.840
<v Speaker 5>Was just too nice sometimes, that he was allowing that

0:33:37.960 --> 0:33:41.080
<v Speaker 5>this horrible thing had happened, and that he had been

0:33:41.160 --> 0:33:43.560
<v Speaker 5>trying to deal with it and process it and find

0:33:43.600 --> 0:33:46.240
<v Speaker 5>ways to move on with his life and just heal,

0:33:46.720 --> 0:33:49.880
<v Speaker 5>and that this person wanted to just keep sucking him

0:33:49.920 --> 0:33:52.800
<v Speaker 5>back in, and just he just needed to get out

0:33:52.880 --> 0:33:56.240
<v Speaker 5>of there, like it wasn't gonna she wasn't going to stop,

0:33:56.400 --> 0:34:00.360
<v Speaker 5>like she wasn't going to stop harassing him and and

0:34:00.400 --> 0:34:03.560
<v Speaker 5>making demands of him, and that he just needed to go.

0:34:04.520 --> 0:34:07.600
<v Speaker 2>I asked Jamie what she thinks about what Angie told

0:34:07.640 --> 0:34:11.200
<v Speaker 2>me that after they left Byron, Angie and Kelly went

0:34:11.239 --> 0:34:16.600
<v Speaker 2>to a park and Kelly confessed she witnessed Byron kill Anastasia,

0:34:17.440 --> 0:34:20.240
<v Speaker 2>and that Kelly did this before she ever came forward

0:34:20.280 --> 0:34:21.600
<v Speaker 2>to police.

0:34:21.760 --> 0:34:24.880
<v Speaker 3>So the friend who came over her name's Angie. I

0:34:24.960 --> 0:34:25.719
<v Speaker 3>interviewed her.

0:34:26.200 --> 0:34:30.680
<v Speaker 2>She also says this in an affidavit that after she

0:34:31.160 --> 0:34:34.040
<v Speaker 2>and Kelly left Byron's house that day, they went to

0:34:34.120 --> 0:34:39.560
<v Speaker 2>a park and Kelly confessed to Angie that she witnessed

0:34:39.640 --> 0:34:41.880
<v Speaker 2>Byron kill Anastasia.

0:34:41.960 --> 0:34:45.640
<v Speaker 3>And this was before she ever came forward to the authorities.

0:34:46.400 --> 0:34:47.680
<v Speaker 3>What do you make of that?

0:34:48.400 --> 0:34:53.279
<v Speaker 5>I don't remember, like I don't remember Kelly leaving in

0:34:53.440 --> 0:34:56.000
<v Speaker 5>like such like there were I don't know. I mean,

0:34:56.320 --> 0:35:00.480
<v Speaker 5>she wasn't like distraught and like losing it it doesn't

0:35:00.480 --> 0:35:04.399
<v Speaker 5>make sense. She didn't confront Byron with that. She didn't

0:35:04.440 --> 0:35:07.920
<v Speaker 5>say anything like that to Byron when we were at

0:35:07.920 --> 0:35:10.719
<v Speaker 5>the house, Like she didn't like that wasn't what the

0:35:10.840 --> 0:35:12.040
<v Speaker 5>conversation was about.

0:35:12.440 --> 0:35:15.680
<v Speaker 2>Yeah, And she says that she remembers they were drinking

0:35:16.200 --> 0:35:17.040
<v Speaker 2>at Byron's.

0:35:17.320 --> 0:35:19.440
<v Speaker 3>I know you said that you didn't remember that, but I.

0:35:19.440 --> 0:35:21.840
<v Speaker 1>Don't remember that at all. Yeah.

0:35:21.920 --> 0:35:23.759
<v Speaker 2>And then she said that they went to the park

0:35:23.800 --> 0:35:28.480
<v Speaker 2>and Kelly got very upset and very emotional and then confessed.

0:35:28.520 --> 0:35:31.000
<v Speaker 3>That she witnessed Byron Killy Anastasia.

0:35:31.239 --> 0:35:34.080
<v Speaker 2>She also said something to the effect that she thinks

0:35:34.120 --> 0:35:36.359
<v Speaker 2>Byron had something to do with Justin's desk.

0:35:36.840 --> 0:35:39.080
<v Speaker 5>None of that makes any sense to me.

0:35:39.760 --> 0:35:42.759
<v Speaker 1>But that was not the tone that night.

0:35:43.040 --> 0:35:47.200
<v Speaker 5>The tone was much more like it was like I

0:35:47.360 --> 0:35:50.600
<v Speaker 5>need you to be like my emotional crutch, not like

0:35:51.320 --> 0:35:53.360
<v Speaker 5>I'm holding this giant secret.

0:35:53.960 --> 0:35:55.280
<v Speaker 1>It just wasn't the tone.

0:35:55.880 --> 0:36:01.160
<v Speaker 3>Did Kelly act scared of Byron when she not at all?

0:36:01.640 --> 0:36:04.880
<v Speaker 5>Never like the No, And it also it doesn't make

0:36:04.960 --> 0:36:08.560
<v Speaker 5>any sense because she would be like, why why would

0:36:08.640 --> 0:36:09.719
<v Speaker 5>you be going.

0:36:09.440 --> 0:36:11.160
<v Speaker 1>To the person if you're scared of them?

0:36:11.360 --> 0:36:15.080
<v Speaker 5>If in your like vulnerable spots like she she would

0:36:15.080 --> 0:36:18.520
<v Speaker 5>reach out to Byron when she was like have nothing left,

0:36:18.920 --> 0:36:21.319
<v Speaker 5>Like I need a shower, I need a place to

0:36:21.440 --> 0:36:24.480
<v Speaker 5>like feel safe and like sleep off. Why would she

0:36:24.719 --> 0:36:28.200
<v Speaker 5>be going to somebody she's afraid of in that In

0:36:28.239 --> 0:36:32.600
<v Speaker 5>those moments, if anything, it was like Byron was the

0:36:32.640 --> 0:36:36.120
<v Speaker 5>only one who like just had enough compassion forward and

0:36:36.160 --> 0:36:39.480
<v Speaker 5>not to just keep putting up with her bs.

0:36:39.800 --> 0:36:42.160
<v Speaker 1>Not that she was. She never acted up. She was

0:36:42.239 --> 0:36:43.920
<v Speaker 1>like the bully to Byron.

0:36:44.520 --> 0:36:48.400
<v Speaker 5>No, there's it doesn't it doesn't make sense or line up.

0:36:50.120 --> 0:36:50.880
<v Speaker 3>Jamie says.

0:36:51.160 --> 0:36:54.400
<v Speaker 2>She and Byron moved to Saint Louis on September thirteenth,

0:36:54.640 --> 0:36:59.239
<v Speaker 2>two thousand. Six days later, Kelly comes forward to say

0:36:59.280 --> 0:37:04.240
<v Speaker 2>Byron killed Anastasia. So is it possible that Kelly tells

0:37:04.280 --> 0:37:08.640
<v Speaker 2>Angie she witnessed Byron kill Anastasia out of retaliation because

0:37:08.719 --> 0:37:12.200
<v Speaker 2>she was mad he was moving away? Or did Kelly

0:37:12.360 --> 0:37:15.800
<v Speaker 2>freak out that Byron was leaving town and leaving her

0:37:15.880 --> 0:37:19.799
<v Speaker 2>to shoulder this horrible secret alone and that's why she

0:37:19.880 --> 0:37:23.960
<v Speaker 2>broke down and finally told her friend the truth. I

0:37:24.040 --> 0:37:27.359
<v Speaker 2>want to ask Kelly these questions, and I'm hoping she'll

0:37:27.400 --> 0:37:31.400
<v Speaker 2>sit down and talk with me soon. I asked Jamie,

0:37:31.440 --> 0:37:35.200
<v Speaker 2>who testified at Byron's trial, what she makes of the

0:37:35.280 --> 0:37:39.640
<v Speaker 2>June fifth We shouldn't we should talk about this recorded

0:37:39.640 --> 0:37:40.160
<v Speaker 2>phone call?

0:37:40.800 --> 0:37:43.680
<v Speaker 3>What do you make of Byron not just denying it

0:37:43.719 --> 0:37:46.400
<v Speaker 3>and saying, what are you crazy? I didn't do this?

0:37:46.600 --> 0:37:49.440
<v Speaker 3>What are you saying? Oh my god to me?

0:37:49.600 --> 0:37:53.680
<v Speaker 5>That's like insane though, Like it's like wordplay. It's like

0:37:53.960 --> 0:37:58.160
<v Speaker 5>a crazy person like basically stalks you for like how long,

0:37:58.680 --> 0:38:02.120
<v Speaker 5>I mean, and then we're gonna like analyze your response

0:38:02.239 --> 0:38:06.120
<v Speaker 5>to how he answered her after like her being a

0:38:06.160 --> 0:38:09.239
<v Speaker 5>crazy person for like that long, Like I know, like

0:38:09.680 --> 0:38:12.240
<v Speaker 5>why should you have to say that? How many times

0:38:12.840 --> 0:38:16.400
<v Speaker 5>had she like gone after him? Like when you're asked

0:38:16.400 --> 0:38:19.719
<v Speaker 5>something for the millionth time by somebody who's crazy, like

0:38:19.960 --> 0:38:23.320
<v Speaker 5>you'd probably be like, I'm done, Like we don't even.

0:38:23.120 --> 0:38:24.160
<v Speaker 7>Talk about this anymore.

0:38:24.560 --> 0:38:26.840
<v Speaker 5>The fact that you didn't say like, oh I didn't

0:38:26.840 --> 0:38:30.319
<v Speaker 5>do that when somebody's like it it. But it also

0:38:30.440 --> 0:38:34.600
<v Speaker 5>that recording also still on some level scares me as

0:38:34.600 --> 0:38:37.319
<v Speaker 5>somebody who lives in this state. The fact that like

0:38:37.400 --> 0:38:39.799
<v Speaker 5>somebody could call you up eight million times and then

0:38:39.880 --> 0:38:42.040
<v Speaker 5>like on the eight millionth time, you don't say, no,

0:38:42.120 --> 0:38:44.719
<v Speaker 5>I didn't kill somebody, and that means you're admitting it

0:38:44.880 --> 0:38:46.040
<v Speaker 5>like that is insane.

0:38:47.239 --> 0:38:50.399
<v Speaker 2>But when I interviewed Byron, he said Kelly had never

0:38:50.440 --> 0:38:54.239
<v Speaker 2>asked him that question before. Byron said, because he had

0:38:54.239 --> 0:38:57.560
<v Speaker 2>heard Kelly say so many outrageous things in the past,

0:38:57.960 --> 0:39:02.960
<v Speaker 2>didn't even matter anymore. Have you ever asked Byron white blank,

0:39:03.160 --> 0:39:04.480
<v Speaker 2>did you kill Anastasia?

0:39:05.040 --> 0:39:05.239
<v Speaker 6>No?

0:39:05.840 --> 0:39:09.480
<v Speaker 5>I never felt the need to. I mean no, I

0:39:09.680 --> 0:39:11.960
<v Speaker 5>never crossed my mind that I would even need to

0:39:12.000 --> 0:39:12.319
<v Speaker 5>do that.

0:39:12.760 --> 0:39:17.360
<v Speaker 2>You know, Kelly, you know she definitely thinks that he

0:39:17.760 --> 0:39:20.640
<v Speaker 2>can fool people. What do you make of that or

0:39:20.640 --> 0:39:24.320
<v Speaker 2>what do you think about the way she characterizes Byron.

0:39:24.960 --> 0:39:30.279
<v Speaker 5>Byron is intelligent, incredibly intelligent. I've never felt manipulated by

0:39:30.520 --> 0:39:34.960
<v Speaker 5>Byron or that his Karen concern was not true. I

0:39:34.960 --> 0:39:37.440
<v Speaker 5>don't know if like you know this, but I have

0:39:37.800 --> 0:39:41.640
<v Speaker 5>five kids. My oldest is sixteen. You know, I asked

0:39:41.680 --> 0:39:45.279
<v Speaker 5>him to be the godparent to my firstborn child. My

0:39:45.480 --> 0:39:50.600
<v Speaker 5>kids have visited him. He sends them hand drawn cards.

0:39:51.000 --> 0:39:56.680
<v Speaker 5>He's different, he's his own person, but he's not are.

0:39:57.120 --> 0:40:00.759
<v Speaker 5>There's nothing in him that's there's nothing evil in him.

0:40:02.920 --> 0:40:07.440
<v Speaker 2>I appreciate both Angie and Jamie sharing their experiences and

0:40:07.640 --> 0:40:12.279
<v Speaker 2>perspectives with me. There is someone else I've been wanting

0:40:12.320 --> 0:40:15.080
<v Speaker 2>to talk with who was actually a part of this

0:40:15.280 --> 0:40:18.280
<v Speaker 2>friend group around the time this tragedy took place.

0:40:20.040 --> 0:40:22.160
<v Speaker 3>Hello, Hello, how are you?

0:40:37.280 --> 0:40:42.360
<v Speaker 2>After many attempts to talk and numerous technical difficulties, I

0:40:42.480 --> 0:40:46.520
<v Speaker 2>finally get the chance to speak with Byron's friend, Abraham Nicsley.

0:40:47.400 --> 0:40:51.160
<v Speaker 2>It was Abraham who on October twenty second, paged Byron

0:40:51.239 --> 0:40:53.600
<v Speaker 2>asking him to come over and pick up some stuff

0:40:53.840 --> 0:40:58.600
<v Speaker 2>to take to his ex girlfriend, Tara McDowell. So Justin, Byron,

0:40:58.640 --> 0:41:01.600
<v Speaker 2>and Kelly stop buy before taking Kelly home for her

0:41:01.680 --> 0:41:05.040
<v Speaker 2>nine o'clock curfew. How but how did they look when

0:41:05.040 --> 0:41:07.879
<v Speaker 2>they came to your house? Did they how did they look?

0:41:08.560 --> 0:41:12.000
<v Speaker 8>It just seemed, you know, relatively unremarkable.

0:41:12.200 --> 0:41:15.480
<v Speaker 9>It wasn't you know, it didn't become important until afterwards.

0:41:16.040 --> 0:41:18.480
<v Speaker 8>As I said, they were you know, they were there

0:41:18.560 --> 0:41:19.840
<v Speaker 8>for five to ten minutes.

0:41:20.080 --> 0:41:26.160
<v Speaker 2>Did they say anything about having seen Anastasia They had.

0:41:26.120 --> 0:41:29.480
<v Speaker 8>Mentioned it on the phone at the time, just seeming

0:41:29.520 --> 0:41:33.400
<v Speaker 8>as you know, follow up of the breakup problem between

0:41:34.040 --> 0:41:35.160
<v Speaker 8>Justin and Anastasia.

0:41:35.440 --> 0:41:38.360
<v Speaker 9>Although we were going to hang out Anastasia.

0:41:37.680 --> 0:41:38.920
<v Speaker 6>But they got in a big argument.

0:41:39.080 --> 0:41:41.799
<v Speaker 9>She got out of the car, you know, which is

0:41:41.840 --> 0:41:43.879
<v Speaker 9>exactly what I testified to, you know, I.

0:41:43.920 --> 0:41:47.480
<v Speaker 8>Testified to My understanding was it was told to me.

0:41:48.120 --> 0:41:51.160
<v Speaker 9>It was consistent with the first several.

0:41:50.920 --> 0:41:56.080
<v Speaker 8>Years of statements from Kelly. It wasn't until after that

0:41:56.200 --> 0:41:56.800
<v Speaker 8>she went.

0:41:56.640 --> 0:41:58.719
<v Speaker 6>Back to changing your story that Byron did it.

0:41:59.200 --> 0:42:03.799
<v Speaker 2>Did they seem worried about Anastasia that night? Do they

0:42:03.840 --> 0:42:05.880
<v Speaker 2>seem concerned that she had gotten out of the car?

0:42:06.719 --> 0:42:07.200
<v Speaker 9>I don't think.

0:42:07.239 --> 0:42:09.480
<v Speaker 10>I mean, I don't think so, you know, I mean,

0:42:09.520 --> 0:42:13.560
<v Speaker 10>I think it was more she was I mean, I

0:42:14.360 --> 0:42:17.879
<v Speaker 10>think the expectation was that like she called her parents

0:42:18.040 --> 0:42:18.640
<v Speaker 10>or whatever.

0:42:18.960 --> 0:42:23.840
<v Speaker 11>You know. My thought was, well, it's not the best

0:42:23.880 --> 0:42:26.680
<v Speaker 11>of you know, neighborhoods, and in some ways was worse

0:42:26.800 --> 0:42:31.680
<v Speaker 11>than But at the same time, there was multiple gas stations.

0:42:31.280 --> 0:42:35.520
<v Speaker 8>There, you know, payphones still existed, it was daylight, so

0:42:35.920 --> 0:42:40.200
<v Speaker 8>it wasn't an immediate concern in my mind, you.

0:42:40.080 --> 0:42:42.280
<v Speaker 9>Know, and it wasn't necessarily expressed.

0:42:42.280 --> 0:42:43.960
<v Speaker 6>Of all, you know, I hope she's it was.

0:42:44.680 --> 0:42:46.600
<v Speaker 8>We were all young enough, none of this stuff had

0:42:46.600 --> 0:42:47.800
<v Speaker 8>ever happened before.

0:42:48.040 --> 0:42:49.480
<v Speaker 9>He didn't know to be worried.

0:42:51.520 --> 0:42:55.719
<v Speaker 8>The red flags of the situation, you know, are a

0:42:55.760 --> 0:42:58.280
<v Speaker 8>lot clearer in retrospect than they were at the time.

0:42:58.560 --> 0:43:01.879
<v Speaker 2>Just to be clear, you didn't see anyone who looked

0:43:01.880 --> 0:43:05.279
<v Speaker 2>like they'd been crying, or any blood on their clothes

0:43:05.680 --> 0:43:08.120
<v Speaker 2>or anything that seems.

0:43:07.360 --> 0:43:12.840
<v Speaker 9>Certainly nothing like that. I mean, especially with Byron and Kelly,

0:43:13.000 --> 0:43:14.239
<v Speaker 9>like thinking about it.

0:43:14.320 --> 0:43:17.560
<v Speaker 8>Yeah, it's as violent as I understand the shooting to be.

0:43:18.680 --> 0:43:22.879
<v Speaker 8>It would be difficult for me to fathom how they

0:43:23.160 --> 0:43:24.680
<v Speaker 8>could have gone from that.

0:43:25.040 --> 0:43:25.920
<v Speaker 9>To seeing me.

0:43:26.480 --> 0:43:30.120
<v Speaker 2>You know, we then talk about the investigation.

0:43:30.880 --> 0:43:33.920
<v Speaker 8>It was essentially coming at this as some sort of

0:43:34.280 --> 0:43:35.719
<v Speaker 8>you know, satanic.

0:43:35.239 --> 0:43:37.800
<v Speaker 9>Ritual abuse scare from the nineteen eighties.

0:43:38.000 --> 0:43:39.480
<v Speaker 6>He kind of meets.

0:43:39.440 --> 0:43:42.640
<v Speaker 8>Pre Columbine misunderstanding of God culture.

0:43:43.160 --> 0:43:47.440
<v Speaker 2>You know, this is Abraham says. Investigators questioned him before

0:43:47.760 --> 0:43:51.120
<v Speaker 2>the tape recorder was ever turned on. Then after he

0:43:51.160 --> 0:43:54.960
<v Speaker 2>gave his recorded statement, he was arrested on an outstanding

0:43:55.000 --> 0:43:55.760
<v Speaker 2>traffic warrant.

0:43:56.160 --> 0:43:56.360
<v Speaker 1>You know.

0:43:56.480 --> 0:43:59.280
<v Speaker 8>Kind of after that, there was kind of this feeling

0:43:59.400 --> 0:44:04.879
<v Speaker 8>of the real hostility from the police investigation where I

0:44:04.880 --> 0:44:09.319
<v Speaker 8>didn't really feel like they were going down a productive

0:44:09.719 --> 0:44:11.280
<v Speaker 8>path further investigation.

0:44:11.520 --> 0:44:14.919
<v Speaker 2>And you know, I then asked Abraham about his ex

0:44:15.000 --> 0:44:20.520
<v Speaker 2>girlfriend Tara McDowell. Sadly, she has since passed away. Going

0:44:20.560 --> 0:44:24.319
<v Speaker 2>back to Tara for a second, When she is interviewed,

0:44:25.239 --> 0:44:29.440
<v Speaker 2>she tells a different story than you do, which is

0:44:29.480 --> 0:44:34.759
<v Speaker 2>that Byron and Justin came to her house before they

0:44:34.760 --> 0:44:37.880
<v Speaker 2>were going to your house. What did you make of

0:44:38.040 --> 0:44:39.000
<v Speaker 2>or what do you make of that?

0:44:39.560 --> 0:44:41.279
<v Speaker 9>I mean, I think, to be honest, I make of

0:44:41.480 --> 0:44:42.080
<v Speaker 9>that that.

0:44:42.040 --> 0:44:45.000
<v Speaker 6>It was like six months later thence she was.

0:44:44.960 --> 0:44:47.080
<v Speaker 9>Being interviewed, not you know, like four or.

0:44:47.080 --> 0:44:49.840
<v Speaker 6>Five days the I mean, it's hard.

0:44:50.480 --> 0:44:51.440
<v Speaker 9>I hadn't really.

0:44:51.239 --> 0:44:54.600
<v Speaker 8>Ever noticed that discrepancy in our statement, to be honest,

0:44:54.960 --> 0:44:57.840
<v Speaker 8>So to my knowledge, it's the first.

0:44:57.560 --> 0:44:59.640
<v Speaker 9>Time hearing from it or hearing of it.

0:45:00.080 --> 0:45:06.560
<v Speaker 8>Also obviously testified at the trial itself, and I wasn't

0:45:06.600 --> 0:45:09.719
<v Speaker 8>present for a testimony, but it was my understanding that

0:45:10.160 --> 0:45:13.440
<v Speaker 8>she would have been testifying those same things, you know,

0:45:13.520 --> 0:45:13.959
<v Speaker 8>I did.

0:45:14.400 --> 0:45:17.400
<v Speaker 2>Tara was the first person I always found this interesting.

0:45:17.920 --> 0:45:23.239
<v Speaker 2>When she's interviewed, she says, they ask where could you know,

0:45:23.280 --> 0:45:25.160
<v Speaker 2>like did Byron own a gun? And I think she

0:45:25.200 --> 0:45:29.359
<v Speaker 2>said no. Then she said his dad may have owned

0:45:29.400 --> 0:45:32.040
<v Speaker 2>a gun. And it was the first person who said

0:45:32.040 --> 0:45:36.919
<v Speaker 2>anything about Byron's father ever possibly having a gun. Did

0:45:36.960 --> 0:45:41.080
<v Speaker 2>you know anything about Byron's dad having a gun or

0:45:41.120 --> 0:45:43.680
<v Speaker 2>displaying a gun or no.

0:45:43.600 --> 0:45:45.799
<v Speaker 6>I mean I never met Byron's father.

0:45:46.400 --> 0:45:50.120
<v Speaker 8>Byron's father died somewhere, I think within two months after

0:45:50.360 --> 0:45:53.759
<v Speaker 8>you know Anna stated it. Yeah, I never knew of

0:45:53.840 --> 0:45:55.960
<v Speaker 8>his you know, dad having a gun.

0:45:56.480 --> 0:46:02.000
<v Speaker 2>Briefly described for me Byron and Kelly's relation after the

0:46:02.120 --> 0:46:05.960
<v Speaker 2>murder and justin suicide. I mean, it seems they continue

0:46:06.000 --> 0:46:08.040
<v Speaker 2>to date each other for about a year.

0:46:08.960 --> 0:46:11.560
<v Speaker 8>Well, no, they continue to date each other, not just

0:46:11.719 --> 0:46:14.120
<v Speaker 8>for a year, but for more than two.

0:46:14.480 --> 0:46:16.520
<v Speaker 6>She was sixteen when they broke up.

0:46:17.320 --> 0:46:20.279
<v Speaker 2>When you hung out with Byron and Kelly in the

0:46:20.400 --> 0:46:26.560
<v Speaker 2>time after the murder, did she seem afraid of them?

0:46:27.000 --> 0:46:28.960
<v Speaker 3>Like, No, I'm.

0:46:30.640 --> 0:46:30.799
<v Speaker 6>She.

0:46:31.760 --> 0:46:35.960
<v Speaker 8>I mean I got the impression that she was more

0:46:36.040 --> 0:46:40.560
<v Speaker 8>the kind of one that both pursued him initially and

0:46:40.600 --> 0:46:44.080
<v Speaker 8>then like kind of like I mean, when he wanted

0:46:44.080 --> 0:46:45.120
<v Speaker 8>to break up with her.

0:46:45.120 --> 0:46:47.880
<v Speaker 6>It was you know, yeah, it was her that was

0:46:48.120 --> 0:46:49.200
<v Speaker 6>always coming back.

0:46:49.400 --> 0:46:51.520
<v Speaker 9>So no, I never really saw her.

0:46:51.440 --> 0:46:54.160
<v Speaker 6>As kind of the shrinking violet in the situation.

0:46:55.120 --> 0:46:57.200
<v Speaker 2>Did you ever ask Byron if you did it?

0:46:57.560 --> 0:46:57.719
<v Speaker 12>Oh?

0:46:57.960 --> 0:47:01.120
<v Speaker 8>No, I mean I never question the thought that he

0:47:01.280 --> 0:47:03.000
<v Speaker 8>might have done it enough to think.

0:47:02.880 --> 0:47:04.400
<v Speaker 6>It was a question was asking.

0:47:04.680 --> 0:47:10.400
<v Speaker 8>Yeah, Barn's really about the least violent violent person I everything,

0:47:10.800 --> 0:47:14.840
<v Speaker 8>you know in terms of like, I never saw.

0:47:14.719 --> 0:47:18.080
<v Speaker 9>Him get even really a violent.

0:47:17.800 --> 0:47:21.040
<v Speaker 6>Yelling match, let alone you know, in a fight with someone.

0:47:21.280 --> 0:47:24.880
<v Speaker 9>So the idea that he'd be involved with let alone

0:47:24.960 --> 0:47:27.279
<v Speaker 9>like the primary.

0:47:26.800 --> 0:47:30.080
<v Speaker 8>Actor in such a plot just didn't seem believable to me.

0:47:30.280 --> 0:47:33.600
<v Speaker 2>You can't imagine Byron putting a gun in Anastasia's face,

0:47:33.719 --> 0:47:35.680
<v Speaker 2>up against her nose and pulling the trigger.

0:47:36.160 --> 0:47:40.200
<v Speaker 8>Yeah, no, that's that's not I can't imagine Byron having

0:47:40.239 --> 0:47:44.480
<v Speaker 8>your shooting a gun, you know, especially like especially in

0:47:44.520 --> 0:47:48.359
<v Speaker 8>someone's face. If somebody in that circle data I say,

0:47:48.440 --> 0:47:52.239
<v Speaker 8>I just my assumption was always that somehow just look

0:47:52.320 --> 0:47:56.800
<v Speaker 8>back out and met up with Anastasia was somehow involved.

0:47:57.560 --> 0:47:59.880
<v Speaker 2>Where would Justin have gotten the gun if he had

0:47:59.880 --> 0:48:01.160
<v Speaker 2>a I had gone the next day?

0:48:02.040 --> 0:48:05.719
<v Speaker 9>Again, I have know that that's.

0:48:05.480 --> 0:48:09.080
<v Speaker 8>Something that none of those pieces ever really made sense.

0:48:09.880 --> 0:48:13.880
<v Speaker 8>But yeah, if you bought the original shotgun in September.

0:48:14.200 --> 0:48:16.360
<v Speaker 6>It's always been you know, word of mouth that he

0:48:16.480 --> 0:48:17.200
<v Speaker 6>got rid of it.

0:48:17.680 --> 0:48:21.399
<v Speaker 9>But at the same time too, like, it's hard for.

0:48:21.360 --> 0:48:25.320
<v Speaker 8>Me to imagine shotgun would being something that they really

0:48:25.320 --> 0:48:27.839
<v Speaker 8>could have a put back together for.

0:48:27.840 --> 0:48:30.040
<v Speaker 9>The open casket surgery and be.

0:48:30.440 --> 0:48:34.040
<v Speaker 8>Not found any pieces of obviously you know it wouldn't

0:48:34.080 --> 0:48:38.000
<v Speaker 8>have been pellets, but you know, a shotgun shell shotgun

0:48:38.080 --> 0:48:41.800
<v Speaker 8>slug is huge, especially for something like at twelve gage,

0:48:42.160 --> 0:48:46.000
<v Speaker 8>I just don't see that. I don't know why I

0:48:46.080 --> 0:48:49.680
<v Speaker 8>say that that part always and then the fact that

0:48:49.880 --> 0:48:52.839
<v Speaker 8>you know shees, you know, like cremated the next day

0:48:52.920 --> 0:48:55.080
<v Speaker 8>or something like can't you even go back and do

0:48:55.440 --> 0:48:59.200
<v Speaker 8>an autopsy? Is something in open casket and then they creamated.

0:48:59.480 --> 0:49:03.440
<v Speaker 8>But also heard you know, sketch stories that like Robert Ripples,

0:49:03.480 --> 0:49:07.120
<v Speaker 8>she did bought life insurance for the week before or something.

0:49:07.320 --> 0:49:09.160
<v Speaker 9>It always seemed like too.

0:49:09.040 --> 0:49:11.879
<v Speaker 6>Much to assume that he was involved, But you know.

0:49:12.080 --> 0:49:16.279
<v Speaker 8>Obviously he's proven to be a farsheedier character than any

0:49:16.320 --> 0:49:16.719
<v Speaker 8>of us.

0:49:16.719 --> 0:49:18.400
<v Speaker 6>New at the time.

0:49:18.680 --> 0:49:21.960
<v Speaker 8>So now it seems more like something that should have

0:49:22.040 --> 0:49:24.839
<v Speaker 8>maybe been pursued at that time to at least more

0:49:24.920 --> 0:49:25.920
<v Speaker 8>formerly little adel.

0:49:26.680 --> 0:49:31.120
<v Speaker 2>Did Anastasia ever talk about her dad or I mean

0:49:31.239 --> 0:49:34.160
<v Speaker 2>outside of the investigation that he did, did you know

0:49:34.239 --> 0:49:37.200
<v Speaker 2>anything about Bob? Did Anastage ever talk about him?

0:49:37.680 --> 0:49:40.480
<v Speaker 8>All over the impression that she didn't have a terribly

0:49:40.560 --> 0:49:43.920
<v Speaker 8>happy home life, given you know, her poetry in moving

0:49:43.920 --> 0:49:46.239
<v Speaker 8>out of her parents' house that like, you know, at

0:49:46.320 --> 0:49:48.319
<v Speaker 8>least the moment of graduation.

0:49:47.920 --> 0:49:50.000
<v Speaker 9>If not six months before that.

0:49:50.320 --> 0:49:52.840
<v Speaker 6>You know, I never got any details on it either,

0:49:52.920 --> 0:49:54.240
<v Speaker 6>know now.

0:49:54.600 --> 0:49:57.839
<v Speaker 8>Unfortunately you know Tara very well might have you know, Tara,

0:49:58.120 --> 0:50:00.960
<v Speaker 8>Tara been you know, abused as a child and was

0:50:01.080 --> 0:50:03.799
<v Speaker 8>very open kind of about that experience.

0:50:04.120 --> 0:50:07.800
<v Speaker 9>And so if all the stage had ever experienced anything

0:50:07.920 --> 0:50:10.680
<v Speaker 9>like that, Tarah would have been the person she might

0:50:10.719 --> 0:50:11.400
<v Speaker 9>have opened up to.

0:50:11.680 --> 0:50:15.480
<v Speaker 2>But I think Tara, in her interview said having been

0:50:15.520 --> 0:50:19.160
<v Speaker 2>abused as a young person, she could recognize in anastasia

0:50:19.600 --> 0:50:22.800
<v Speaker 2>that she probably has suffered from some sort of abuse,

0:50:22.840 --> 0:50:24.759
<v Speaker 2>whether it be emotional or physical.

0:50:25.239 --> 0:50:27.279
<v Speaker 3>That's what I think she said something to that effect.

0:50:27.040 --> 0:50:27.720
<v Speaker 1>In her interview.

0:50:28.400 --> 0:50:29.480
<v Speaker 6>I'm not shocked by that.

0:50:31.200 --> 0:50:34.959
<v Speaker 2>I then ask Abraham if he has any questions about

0:50:35.000 --> 0:50:40.520
<v Speaker 2>the case. He says, yes, most involved Kelly.

0:50:40.719 --> 0:50:43.480
<v Speaker 8>It's always been a mystery to me is to once

0:50:43.560 --> 0:50:44.680
<v Speaker 8>she given a false statement.

0:50:44.680 --> 0:50:47.960
<v Speaker 9>I guess she would probably be subject to legal.

0:50:47.719 --> 0:50:49.640
<v Speaker 6>Repercussions if she were to change it.

0:50:49.680 --> 0:50:53.719
<v Speaker 8>But I just it didn't seem consistent in my understanding

0:50:53.840 --> 0:50:57.040
<v Speaker 8>with She gave so many things in her statement that

0:50:57.080 --> 0:51:00.040
<v Speaker 8>were inconsistent with otherwise.

0:50:59.680 --> 0:51:02.160
<v Speaker 9>That most facts were like Anna Staga is.

0:51:02.280 --> 0:51:05.919
<v Speaker 8>Like going you know, to Amaco, et cetera. And yet

0:51:06.000 --> 0:51:08.680
<v Speaker 8>she's having her never having.

0:51:08.520 --> 0:51:12.640
<v Speaker 9>Gotten she has her. You know, she never.

0:51:12.480 --> 0:51:15.200
<v Speaker 8>Accounts for any of the sightings along Triman Road that

0:51:15.280 --> 0:51:18.240
<v Speaker 8>seem to you know, take place in her statement. She's

0:51:18.440 --> 0:51:21.680
<v Speaker 8>reading her statement from the witness stand and having known

0:51:21.719 --> 0:51:24.680
<v Speaker 8>that how much the police talked to me before they

0:51:24.680 --> 0:51:25.719
<v Speaker 8>ever started, you.

0:51:25.680 --> 0:51:26.880
<v Speaker 6>Know, recording anything.

0:51:27.400 --> 0:51:29.120
<v Speaker 9>You know, it made me really wonder how.

0:51:29.080 --> 0:51:31.319
<v Speaker 8>Much she might have been coached to get as good

0:51:31.320 --> 0:51:33.760
<v Speaker 8>as she got in her statement in the first place.

0:51:34.400 --> 0:51:39.720
<v Speaker 2>You know, did Byron ask you to lie for him

0:51:39.920 --> 0:51:40.880
<v Speaker 2>to be an alibi?

0:51:42.080 --> 0:51:43.560
<v Speaker 7>No?

0:51:43.560 --> 0:51:45.640
<v Speaker 6>No, would you?

0:51:45.680 --> 0:51:46.719
<v Speaker 3>Would you lie for him?

0:51:47.960 --> 0:51:48.040
<v Speaker 9>No?

0:51:48.440 --> 0:51:54.400
<v Speaker 8>This, I mean, it's weird at this point, being you know,

0:51:54.880 --> 0:51:55.759
<v Speaker 8>like the only.

0:51:55.560 --> 0:51:58.799
<v Speaker 9>One left alive that you know, seem to know all

0:51:58.840 --> 0:51:59.200
<v Speaker 9>of them.

0:52:00.200 --> 0:52:06.719
<v Speaker 8>But at the time, you know, it was a lot

0:52:06.760 --> 0:52:09.520
<v Speaker 8>more you know, supporting information.

0:52:09.880 --> 0:52:11.279
<v Speaker 6>I think to the extent.

0:52:11.040 --> 0:52:14.040
<v Speaker 9>That we you know, ever talked about it, like, I think.

0:52:13.880 --> 0:52:16.920
<v Speaker 6>All of us kind of assumed it was justin because I.

0:52:16.840 --> 0:52:21.880
<v Speaker 9>Mean, I remember, I don't remember like all the exact details,

0:52:21.920 --> 0:52:25.280
<v Speaker 9>but I remember, like Kelly and Byron all.

0:52:25.120 --> 0:52:27.799
<v Speaker 8>Having kind of the same questions you know as far

0:52:27.880 --> 0:52:31.399
<v Speaker 8>as after Justin had killed himself and it's like, well,

0:52:31.680 --> 0:52:31.960
<v Speaker 8>you know.

0:52:31.960 --> 0:52:33.000
<v Speaker 6>How did this go down?

0:52:33.239 --> 0:52:35.600
<v Speaker 8>Like did he go out and I see her later

0:52:35.680 --> 0:52:38.560
<v Speaker 8>that night. I think that was all of our thoughts,

0:52:38.760 --> 0:52:41.560
<v Speaker 8>you know, kind of after he killed himself, like was

0:52:41.600 --> 0:52:44.879
<v Speaker 8>trying to put that, trying to understand, you know, kind

0:52:44.920 --> 0:52:46.600
<v Speaker 8>of what happened and when and why.

0:52:47.280 --> 0:52:49.120
<v Speaker 9>I mean, I don't think anyone was ever.

0:52:49.080 --> 0:52:52.359
<v Speaker 8>Satisfied with the investigation of the results of it.

0:53:06.600 --> 0:53:10.200
<v Speaker 2>Throughout twenty twenty three, Byron's legal team continues to rack

0:53:10.280 --> 0:53:14.840
<v Speaker 2>up affidavits, including those from two jurors. At Byron's trial,

0:53:15.840 --> 0:53:20.400
<v Speaker 2>one jur named Sarah McLeod Arena was played both versions

0:53:20.400 --> 0:53:23.160
<v Speaker 2>of the June fifth recorded call between Byron and Kelly.

0:53:23.680 --> 0:53:27.439
<v Speaker 2>In her affidavit, miss Arena says the poor quality one

0:53:27.920 --> 0:53:30.560
<v Speaker 2>was the one she heard at trial, and that she

0:53:30.640 --> 0:53:33.799
<v Speaker 2>relied on the transcript to determine what was being said

0:53:33.840 --> 0:53:37.400
<v Speaker 2>on the recording. She goes on to write, quote, I

0:53:37.480 --> 0:53:40.879
<v Speaker 2>am questioning our verdict. I would have liked to hear

0:53:40.920 --> 0:53:44.680
<v Speaker 2>this information at trial, including the information that Kelly perjured

0:53:44.680 --> 0:53:48.200
<v Speaker 2>herself by lying about her criminal record, that there is

0:53:48.280 --> 0:53:52.440
<v Speaker 2>evidence the victim Anastasia went home, and that the victim's

0:53:52.520 --> 0:53:56.120
<v Speaker 2>father took out multiple insurance policies on her prior to

0:53:56.160 --> 0:54:00.400
<v Speaker 2>her death. She also says, quote, I did not find

0:54:00.560 --> 0:54:04.239
<v Speaker 2>Kelly Moffitt credible at trial. There was a lot of

0:54:04.280 --> 0:54:07.640
<v Speaker 2>pressure during jury deliberations by other jurors to come to

0:54:07.719 --> 0:54:10.880
<v Speaker 2>a quick verdict. I needed better facts to back up

0:54:10.880 --> 0:54:13.760
<v Speaker 2>my doubt about Byron's guilt, but we didn't get.

0:54:13.560 --> 0:54:14.960
<v Speaker 3>Those facts at trial.

0:54:17.560 --> 0:54:19.759
<v Speaker 2>I actually met up with an alternate juror at a

0:54:19.800 --> 0:54:24.280
<v Speaker 2>library in Kansas named Rick Panic, who had a very

0:54:24.280 --> 0:54:27.560
<v Speaker 2>different take. He doesn't remember a lot of the details

0:54:27.560 --> 0:54:29.759
<v Speaker 2>that came out at trial, which by the way, was

0:54:29.840 --> 0:54:33.080
<v Speaker 2>more than twenty years ago, but he does remember that

0:54:33.160 --> 0:54:36.280
<v Speaker 2>back in two thousand and two, he very much believed

0:54:36.280 --> 0:54:41.080
<v Speaker 2>Byron was guilty, mostly because he believed Kelly's testimony and

0:54:41.160 --> 0:54:44.120
<v Speaker 2>he thought the June fifth recorded phone call was damning.

0:54:44.680 --> 0:54:47.440
<v Speaker 2>When I shared with mister Panick some of what Byron's

0:54:47.440 --> 0:54:51.640
<v Speaker 2>team says proves Byron is innocent, like the clearer version

0:54:51.680 --> 0:54:54.239
<v Speaker 2>of the June fifth recorded phone call, and some of

0:54:54.239 --> 0:54:58.240
<v Speaker 2>the affat David's, mister Panic says it doesn't change his opinion.

0:54:58.760 --> 0:55:02.840
<v Speaker 2>He still believes Byron is guilty. But prior to getting

0:55:03.040 --> 0:55:06.080
<v Speaker 2>any of these affidavits, in the late summer of twenty

0:55:06.120 --> 0:55:09.560
<v Speaker 2>twenty two, Byron's legal team reaches out to the Jackson

0:55:09.560 --> 0:55:14.160
<v Speaker 2>County Prosecutor's Office Conviction Integrity Unit, hoping they can work

0:55:14.200 --> 0:55:19.400
<v Speaker 2>together on this case. Here's one of Byron's attorneys, Sean O'Brien.

0:55:20.560 --> 0:55:23.560
<v Speaker 13>So we had a meeting with them by zoom and

0:55:23.760 --> 0:55:28.000
<v Speaker 13>we're kind of laying out Byron's innocent Here's why at

0:55:28.000 --> 0:55:32.360
<v Speaker 13>that point we had paused our investigation because our thought

0:55:32.560 --> 0:55:36.600
<v Speaker 13>was some of this investigation when it came to people

0:55:36.760 --> 0:55:41.799
<v Speaker 13>like the pathologist Thomas Young, the Regional Crime Lab, the

0:55:41.840 --> 0:55:46.800
<v Speaker 13>Sheriff's office property room, we thought that it would be

0:55:46.800 --> 0:55:51.560
<v Speaker 13>beneficial to have them with us to participate in that investigation.

0:55:52.200 --> 0:55:55.799
<v Speaker 13>We thought we'd get more honest responses. We thought that

0:55:56.480 --> 0:55:59.360
<v Speaker 13>there wouldn't be any questioning of the integrity the evidence.

0:56:00.160 --> 0:56:03.520
<v Speaker 13>We were doing it together with the Prosecutor's office, and

0:56:04.000 --> 0:56:06.160
<v Speaker 13>the very first thing they said to us is we

0:56:06.239 --> 0:56:08.880
<v Speaker 13>don't see the evidence the way you do. And we

0:56:09.080 --> 0:56:13.040
<v Speaker 13>responded with, what are you choking on? You know what

0:56:13.480 --> 0:56:18.239
<v Speaker 13>the what is the issue you have here? And at

0:56:18.239 --> 0:56:23.239
<v Speaker 13>the end of the day they said, sorry, we're not

0:56:23.360 --> 0:56:26.400
<v Speaker 13>going to help you, you know, knock yourself out. You

0:56:26.480 --> 0:56:29.799
<v Speaker 13>can work on this case, but we don't see it

0:56:30.440 --> 0:56:35.880
<v Speaker 13>as an innocence case. So when we're talking about conviction integrity,

0:56:35.920 --> 0:56:37.359
<v Speaker 13>what the hell does integrity mean?

0:56:38.440 --> 0:56:42.560
<v Speaker 2>On October thirty first, twenty twenty two, Byron's team sends

0:56:42.600 --> 0:56:46.640
<v Speaker 2>the Conviction Integrity Unit a sixty six page document with

0:56:46.840 --> 0:56:50.600
<v Speaker 2>all of their bullet points, citations and excerpts from the trial,

0:56:50.640 --> 0:56:55.960
<v Speaker 2>and other documents supporting their claims. Again, the unit declines

0:56:56.000 --> 0:56:58.720
<v Speaker 2>to take the case. I would like to know why,

0:56:59.040 --> 0:57:02.840
<v Speaker 2>so I requested interview with Jeane Peters Baker, the elected

0:57:02.880 --> 0:57:07.080
<v Speaker 2>Jackson County prosecutor who started the Conviction Integrity Unit in

0:57:07.160 --> 0:57:10.960
<v Speaker 2>twenty seventeen. First of all, Miss Baker, thank you so

0:57:11.040 --> 0:57:13.040
<v Speaker 2>much for taking the time to do this today. I really,

0:57:13.280 --> 0:57:14.279
<v Speaker 2>I really appreciate it.

0:57:14.400 --> 0:57:17.000
<v Speaker 7>You're welcome and I was waiting for you in my lobby.

0:57:17.160 --> 0:57:20.400
<v Speaker 2>Miss Baker has held the elected office since twenty eleven.

0:57:20.920 --> 0:57:24.000
<v Speaker 2>Before that, she was an assistant prosecutor for more than

0:57:24.000 --> 0:57:28.760
<v Speaker 2>fifteen years. But why did you start the Conviction Integrity Unit?

0:57:29.160 --> 0:57:32.840
<v Speaker 14>I started it because there was a need to do it,

0:57:33.400 --> 0:57:36.880
<v Speaker 14>and now I want to remind you though at that

0:57:37.080 --> 0:57:41.440
<v Speaker 14>time there was no legal mechanism that I, as the

0:57:41.480 --> 0:57:46.280
<v Speaker 14>local DA had to rectify a case.

0:57:47.920 --> 0:57:51.720
<v Speaker 2>But a big change comes in July of twenty twenty one.

0:57:52.480 --> 0:57:56.400
<v Speaker 2>That's when Missouri Governor Mike Parson signs Senate Bill fifty

0:57:56.440 --> 0:58:00.120
<v Speaker 2>three into law, which, among other things, creates, quote a

0:58:00.240 --> 0:58:04.680
<v Speaker 2>judicial procedure that provides a pathway for a prosecuting attorney

0:58:04.720 --> 0:58:09.160
<v Speaker 2>to correct a miscarriage of justice resulting from a wrongful conviction.

0:58:09.760 --> 0:58:14.000
<v Speaker 2>And what is the criteria for taking on someone's case.

0:58:14.600 --> 0:58:16.960
<v Speaker 14>What we want to see is someone that has some

0:58:17.120 --> 0:58:21.680
<v Speaker 14>kind of new evidence, something that would put that conviction

0:58:22.120 --> 0:58:26.200
<v Speaker 14>in a light no longer favorable, you know, to the

0:58:26.240 --> 0:58:30.280
<v Speaker 14>conviction itself. And so I can't say exactly what that is.

0:58:30.320 --> 0:58:34.920
<v Speaker 14>There's not necessarily a laundry list. You need facts and witnesses.

0:58:35.560 --> 0:58:41.120
<v Speaker 14>You cannot go on theory and strong feelings. You need

0:58:41.320 --> 0:58:45.360
<v Speaker 14>because it's like any other case that you're sort of

0:58:45.560 --> 0:58:46.840
<v Speaker 14>untrying it.

0:58:47.000 --> 0:58:48.720
<v Speaker 7>This has to go before a try or fact.

0:58:48.760 --> 0:58:51.600
<v Speaker 14>This has to go before a judge, and a judge

0:58:51.640 --> 0:58:56.040
<v Speaker 14>has to be presented evidence whatever that is.

0:58:56.640 --> 0:58:58.160
<v Speaker 2>If it's okay, I'd like to ask you a few

0:58:58.200 --> 0:58:59.560
<v Speaker 2>questions about buyern case.

0:59:00.200 --> 0:59:00.520
<v Speaker 7>Okay.

0:59:01.440 --> 0:59:07.000
<v Speaker 2>So his legal team they came to your office hoping

0:59:07.080 --> 0:59:11.000
<v Speaker 2>that they could collaborate an investigation or see if you

0:59:11.040 --> 0:59:14.479
<v Speaker 2>could work together to try to investigate the case. And

0:59:14.600 --> 0:59:15.480
<v Speaker 2>what happened with that?

0:59:16.240 --> 0:59:21.760
<v Speaker 14>So Byron is Byron case is much like other cases

0:59:21.760 --> 0:59:25.520
<v Speaker 14>that I've had where people have brought me some level

0:59:25.520 --> 0:59:30.200
<v Speaker 14>of information and it's short, it's you know, it's it's

0:59:30.240 --> 0:59:34.480
<v Speaker 14>not something that a judge would hear this and find

0:59:34.520 --> 0:59:35.720
<v Speaker 14>the person actually innocent.

0:59:36.280 --> 0:59:38.479
<v Speaker 7>So it requires some additional work.

0:59:38.840 --> 0:59:43.040
<v Speaker 14>In Byron case's case, we did do that extra work,

0:59:43.960 --> 0:59:45.760
<v Speaker 14>and there's just I just want to tell you there's

0:59:45.800 --> 0:59:50.960
<v Speaker 14>another piece to this that is too often overlooked. Like

0:59:51.040 --> 0:59:57.320
<v Speaker 14>in Byron's case, Kelly is a witness who has not

0:59:57.440 --> 1:00:00.760
<v Speaker 14>moved with all the pressure that she's received, she has

1:00:00.800 --> 1:00:01.360
<v Speaker 14>not moved.

1:00:01.840 --> 1:00:03.480
<v Speaker 7>Her testimony would be the same.

1:00:03.960 --> 1:00:06.439
<v Speaker 14>You know that that perhaps is just how it goes

1:00:07.560 --> 1:00:11.080
<v Speaker 14>with criminal cases that you're never quite done. But this

1:00:11.160 --> 1:00:14.000
<v Speaker 14>has had quite an impact on her life. You know,

1:00:14.240 --> 1:00:18.040
<v Speaker 14>my office contacting her, you know, somewhat recently to say

1:00:18.480 --> 1:00:21.880
<v Speaker 14>we're back, we want to talk to you again. It's

1:00:21.960 --> 1:00:25.000
<v Speaker 14>not that part is not as sexy for people to

1:00:25.040 --> 1:00:28.040
<v Speaker 14>do podcasts about or do shows about.

1:00:28.000 --> 1:00:30.680
<v Speaker 7>And you know, it's just the other side of it.

1:00:30.720 --> 1:00:35.760
<v Speaker 14>And I've had more of those than I've had, you know,

1:00:36.120 --> 1:00:40.760
<v Speaker 14>opportunities to free someone bluntly under the statute that I

1:00:40.800 --> 1:00:46.600
<v Speaker 14>have up here. Under this statute, Byron, case cannot be

1:00:46.680 --> 1:00:52.439
<v Speaker 14>freed from prison because a judge would need to hear

1:00:52.760 --> 1:00:56.880
<v Speaker 14>evidence and when I called that, and that evidence is

1:00:56.960 --> 1:00:59.640
<v Speaker 14>viewed in the light most favorable to the verdict. So

1:00:59.680 --> 1:01:01.760
<v Speaker 14>then I have to you know, a judge would have

1:01:01.840 --> 1:01:06.280
<v Speaker 14>to say, prosecutor call your first witness. I call Kelly.

1:01:06.600 --> 1:01:10.400
<v Speaker 14>Kelly says the same thing she said before, except now

1:01:10.440 --> 1:01:15.280
<v Speaker 14>whatever potential for it's so many years have passed, sort

1:01:15.320 --> 1:01:17.959
<v Speaker 14>of her reason for that. You might attack her for

1:01:17.960 --> 1:01:21.360
<v Speaker 14>for lying, you know, in the in the first case.

1:01:22.000 --> 1:01:26.240
<v Speaker 14>It's kind of not quite there this time. And although

1:01:26.240 --> 1:01:29.080
<v Speaker 14>I'm sure you could find some reasons, they don't. They're

1:01:29.120 --> 1:01:32.640
<v Speaker 14>not there from from my review and from the other

1:01:32.720 --> 1:01:37.640
<v Speaker 14>lawyers who reviewed that case. And the tacit admission made

1:01:37.880 --> 1:01:43.440
<v Speaker 14>by mister Case would be viewed most likely again as

1:01:43.480 --> 1:01:48.520
<v Speaker 14>a tacit admission. So I reviewed the evidence. I went

1:01:48.640 --> 1:01:53.840
<v Speaker 14>back and reviewed witnesses. This is not just an exercise

1:01:53.880 --> 1:01:56.360
<v Speaker 14>for me. This is I want to get it right.

1:01:56.840 --> 1:01:59.640
<v Speaker 14>And that doesn't mean, you know that I want to

1:01:59.640 --> 1:02:02.360
<v Speaker 14>free everybody. It means I want to free those who

1:02:02.400 --> 1:02:05.080
<v Speaker 14>should be freed, and it means I want to keep

1:02:05.120 --> 1:02:08.560
<v Speaker 14>those in prison who committed the crime. And the only

1:02:08.600 --> 1:02:11.280
<v Speaker 14>way I know to do that is on actual evidence,

1:02:11.840 --> 1:02:14.800
<v Speaker 14>not on theory, not on romantic.

1:02:14.400 --> 1:02:17.280
<v Speaker 7>Views of evidence.

1:02:17.320 --> 1:02:20.760
<v Speaker 14>You know, on mister case, it is issues of goth

1:02:21.080 --> 1:02:24.160
<v Speaker 14>and a cemetery drug use. You know, there's a lot

1:02:24.200 --> 1:02:26.760
<v Speaker 14>in there, you know, for it to be something that

1:02:26.840 --> 1:02:29.400
<v Speaker 14>could be interesting for someone, But at the end of

1:02:29.480 --> 1:02:32.000
<v Speaker 14>the day, the evidence still holds.

1:02:32.720 --> 1:02:34.960
<v Speaker 2>Just a couple of follow up questions, you said you

1:02:35.280 --> 1:02:37.320
<v Speaker 2>reached out or you wanted to talk to Kelly again.

1:02:37.560 --> 1:02:39.560
<v Speaker 2>For what reason did you want to talk to Kelly again?

1:02:39.800 --> 1:02:41.360
<v Speaker 7>Well, that's what we do.

1:02:42.040 --> 1:02:45.560
<v Speaker 14>That's what a conviction integrity integrity unit does.

1:02:46.520 --> 1:02:48.680
<v Speaker 2>I'm sorry to interrupt you. So when Byron's team came

1:02:48.720 --> 1:02:50.439
<v Speaker 2>to you, that's when you reached out to her.

1:02:50.760 --> 1:02:53.760
<v Speaker 14>Of course, with you know, after some time after going

1:02:53.800 --> 1:02:56.880
<v Speaker 14>through the file looking at it, and yes, we felt

1:02:56.920 --> 1:02:59.680
<v Speaker 14>like that's our obligation to do that.

1:03:00.120 --> 1:03:01.280
<v Speaker 7>And I want you to know we do.

1:03:01.280 --> 1:03:04.800
<v Speaker 14>That based off of the credibility that the defense brings

1:03:05.360 --> 1:03:07.800
<v Speaker 14>when the defense attorney brings us this issue.

1:03:08.280 --> 1:03:09.400
<v Speaker 7>I take that seriously.

1:03:09.680 --> 1:03:12.520
<v Speaker 14>And the reason I take it seriously is because I

1:03:12.640 --> 1:03:16.880
<v Speaker 14>want to get it right too, Because maybe that you know,

1:03:17.600 --> 1:03:21.080
<v Speaker 14>the wrong person is in prison and the right person.

1:03:20.800 --> 1:03:21.840
<v Speaker 7>Is still out there.

1:03:22.160 --> 1:03:26.160
<v Speaker 14>It's two wrongs, so we have I have every reason

1:03:26.560 --> 1:03:30.000
<v Speaker 14>to want to correct this on behalf of victims, and

1:03:30.080 --> 1:03:33.840
<v Speaker 14>of course on behalf of the people that were wrongfully accused.

1:03:34.760 --> 1:03:38.280
<v Speaker 2>From what I understand, since Byron's legal team came to

1:03:38.320 --> 1:03:45.400
<v Speaker 2>you I think twenty twenty two, they've since gotten affidavits

1:03:45.520 --> 1:03:50.000
<v Speaker 2>from Horton Lance, you know, Byron's defense attorney, from doctor Young,

1:03:50.000 --> 1:03:54.760
<v Speaker 2>the medical examiner, and other people, and Charles and Judge Atwell,

1:03:55.080 --> 1:03:59.000
<v Speaker 2>when you heard or read any of what was in

1:03:59.040 --> 1:04:01.760
<v Speaker 2>those affidavits, what did you think?

1:04:02.560 --> 1:04:02.800
<v Speaker 6>Well?

1:04:02.840 --> 1:04:05.040
<v Speaker 7>I thought it was a case that required another look.

1:04:05.480 --> 1:04:08.360
<v Speaker 14>I thought it was a case that required we take

1:04:08.400 --> 1:04:10.280
<v Speaker 14>another look at it and make sure that we got

1:04:10.280 --> 1:04:12.600
<v Speaker 14>it right. Let's you know, even though we are a

1:04:12.600 --> 1:04:16.040
<v Speaker 14>busy office, we can't be so busy that we don't

1:04:16.600 --> 1:04:17.560
<v Speaker 14>we don't keep looking.

1:04:18.080 --> 1:04:21.439
<v Speaker 2>And you still believe, or you still firmly believe that

1:04:21.800 --> 1:04:25.160
<v Speaker 2>there's there's nothing there for the units to follow up

1:04:25.160 --> 1:04:26.240
<v Speaker 2>on or.

1:04:26.680 --> 1:04:32.000
<v Speaker 14>Yes, I think in this case, I firmly believe that

1:04:32.440 --> 1:04:35.080
<v Speaker 14>if I brought what the defense asked me to bring

1:04:35.280 --> 1:04:38.320
<v Speaker 14>before a judge, and I, the prosecutor, now have to

1:04:38.360 --> 1:04:42.360
<v Speaker 14>present evidence of his innocence, I couldn't get it done

1:04:42.760 --> 1:04:46.600
<v Speaker 14>under this statute because it's not theory. It has to

1:04:46.640 --> 1:04:50.480
<v Speaker 14>be evidence that is proffered to a judge in a

1:04:50.520 --> 1:04:54.480
<v Speaker 14>courtroom that does indicate actual innocence or you know that

1:04:54.560 --> 1:04:59.400
<v Speaker 14>there was a like I said, a constitutional error that

1:04:59.440 --> 1:05:00.800
<v Speaker 14>has not all been taken up.

1:05:02.040 --> 1:05:05.600
<v Speaker 2>Byron's team says there is a constitutional error that hasn't

1:05:05.640 --> 1:05:10.400
<v Speaker 2>been raised before in the form of Brady violations, evidence

1:05:10.680 --> 1:05:14.840
<v Speaker 2>of Kelly's criminal record and Bob Whipple's Fuchen's emails that

1:05:14.920 --> 1:05:18.320
<v Speaker 2>were never turned over to Byron's defense attorney Horton Lance.

1:05:18.440 --> 1:05:19.240
<v Speaker 3>Because I mean.

1:05:19.160 --> 1:05:22.000
<v Speaker 2>Byron's team says that there were Brady violations, that there were,

1:05:22.440 --> 1:05:26.200
<v Speaker 2>you know, some emails between Anastage's dad and you know,

1:05:26.280 --> 1:05:28.960
<v Speaker 2>not to hand it over to Horton Lance. Even with

1:05:29.080 --> 1:05:31.760
<v Speaker 2>that stuff, would it really only take I don't mean

1:05:31.800 --> 1:05:34.640
<v Speaker 2>only it would be huge, but would it take Kelly's recantation?

1:05:35.200 --> 1:05:38.560
<v Speaker 14>I can't say there, I mean, there's always it is

1:05:38.600 --> 1:05:41.400
<v Speaker 14>what it is. Okay, I don't mean to sound cute

1:05:41.400 --> 1:05:43.720
<v Speaker 14>about that, but it is. You know, I'm going to

1:05:43.840 --> 1:05:47.640
<v Speaker 14>evaluate what there is to see. So maybe there could

1:05:47.680 --> 1:05:50.480
<v Speaker 14>be another person we didn't know about that now provides

1:05:50.520 --> 1:05:54.440
<v Speaker 14>information or that would put Kelly's testimony in a different light,

1:05:54.720 --> 1:05:55.760
<v Speaker 14>and that doesn't exist.

1:05:56.560 --> 1:05:59.800
<v Speaker 2>I then ask miss Baker about the first prosecutor on

1:05:59.840 --> 1:06:04.680
<v Speaker 2>this case who had been accused of some prosecutorial misconduct

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<v Speaker 2>on other cases. Amy McGowan was on the case at

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<v Speaker 2>the very beginning. Would that ever be a reason to

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<v Speaker 2>look at it again because of a little a track

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<v Speaker 2>record or some misdeeds that had been done by her

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<v Speaker 2>on other cases.

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<v Speaker 7>Of course, yes, and we did look at that.

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<v Speaker 14>That's we didn't We didn't see that there was really

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<v Speaker 14>any involvement by Amy McGowan that put this in a

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<v Speaker 14>different light either well, and ultimately, you know this, like

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<v Speaker 14>I said, this is not an exercise. It is the

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<v Speaker 14>prosecuting attorney's credibility that is on the line. And when

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<v Speaker 14>I offer a case like this, I'm not going to

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<v Speaker 14>just go take a shot in the dark.

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<v Speaker 7>I need to believe it.

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<v Speaker 2>Right, I mean, I think ultimately everyone wants the right

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<v Speaker 2>person to pay for the crime.

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<v Speaker 14>Amen, we should all agree on that. We should always

1:06:57.960 --> 1:06:58.840
<v Speaker 14>all agree on that.

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<v Speaker 2>Since we recorded this interview, Miss Baker, who did not

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<v Speaker 2>seek reelection in November of twenty twenty four, left the

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<v Speaker 2>Jackson County Prosecutor's Office and today is a private citizen.

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<v Speaker 2>So after Byron's team strikes out with the Conviction Integrity

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<v Speaker 2>Unit in December of twenty twenty three, they file a

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<v Speaker 2>one hundred and thirty nine page emotion with the Court

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<v Speaker 2>of Appeals. Here's Byron's attorney, Brian Russell.

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<v Speaker 15>So currently, the motion that we filed is it's something

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<v Speaker 15>called a motion to recall the mandate. When a Court

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<v Speaker 15>of Appeals issues a decision, it's called its mandate. There

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<v Speaker 15>are very very limited circumstances where a Court of Appeals

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<v Speaker 15>can take that mandate back. One of them is fraud

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<v Speaker 15>on the court, or constitutional violations within the mandate, or

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<v Speaker 15>that are perpetuated by the mandate, or some retroactive decision

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<v Speaker 15>of the US Supreme Court that would impact the outcome.

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<v Speaker 15>And we've got all three of those in this case.

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<v Speaker 15>We've got the tape, which is a material mistake of

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<v Speaker 15>fact or fraud, and then we have all this undisclosed

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<v Speaker 15>evidence such as the emails showing that Anastasia went home

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<v Speaker 15>and changed clothes, Kelly Moffitt's conviction and how that conviction

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<v Speaker 15>was had while she was cooperating with Jackson County.

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<v Speaker 3>Here's sawn again.

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<v Speaker 13>This was a thin case in the beginning, and the

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<v Speaker 13>Court of Appeal struggled to affirm the conviction. And now

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<v Speaker 13>they know that what they used to confront to affirm

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<v Speaker 13>the conviction were lies, false evidence, and so this is

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<v Speaker 13>obviously a false evidence case if the phone call with

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<v Speaker 13>Byron had not been falsified. Kelly Moffett is an unbelievable witness,

1:08:53.080 --> 1:08:56.160
<v Speaker 13>But it comes down to this. The Court of Appeal says, well,

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<v Speaker 13>you can attack Kelly all you want, and yes, there

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<v Speaker 13>are a lot of things that say she's unreliable, but

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<v Speaker 13>we have the tape. You can attack the tape all

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<v Speaker 13>you want, but we have an eyewitness who is supported

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<v Speaker 13>by the physical evidence. None of that's true, None of

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<v Speaker 13>it's true. It's all been disproven and so the two

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<v Speaker 13>legs of this case have both been sawed off. Nothing

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<v Speaker 13>to hold it up.

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<v Speaker 2>When I interviewed Byron's lawyers, they were expecting a decision

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<v Speaker 2>on the motion any day. They were hopeful it would

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<v Speaker 2>be granted and it would lead to a new trial.

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<v Speaker 2>A month later, on February twenty seventh, twenty twenty four,

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<v Speaker 2>the motion was denied. Devastated, but not deterred, their fight

1:09:41.120 --> 1:09:46.120
<v Speaker 2>continues next time on The Real Killer.

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<v Speaker 12>He found out a little before he got home that

1:09:49.840 --> 1:09:55.719
<v Speaker 12>Anastasia had not come home, so I knew that Bob

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<v Speaker 12>had gone to find her.

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<v Speaker 2>A new witness comes forward with a bombshell of a story.

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<v Speaker 12>I just remember him saying he couldn't get her to

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<v Speaker 12>get in the car. Bob said he tried to get

1:10:09.560 --> 1:10:13.439
<v Speaker 12>her into the car.

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<v Speaker 2>The views and opinions expressed in this podcast are solely

1:10:19.320 --> 1:10:24.679
<v Speaker 2>those of the individuals participating in the podcast. To see photos, maps,

1:10:24.680 --> 1:10:28.000
<v Speaker 2>and documents related to this season's story, follow The Real

1:10:28.080 --> 1:10:33.080
<v Speaker 2>Killer podcast on Instagram and at trk podcast on TikTok.

1:10:35.800 --> 1:10:40.400
<v Speaker 2>The Real Killer is a production of AYR Media and iHeartMedia,

1:10:40.560 --> 1:10:45.360
<v Speaker 2>hosted by me Leah Rothman. Executive producers Leah Rothman and

1:10:45.400 --> 1:10:46.600
<v Speaker 2>Elisa Rosen.

1:10:46.400 --> 1:10:47.639
<v Speaker 3>For AYR Media.

1:10:48.400 --> 1:10:53.240
<v Speaker 2>Written by Leah Rothman, editing and sound design by Cameron Taggi,

1:10:54.160 --> 1:10:59.560
<v Speaker 2>mixed and mastered by Cameron Taggi. Audio engineer Justin Longerbeam

1:11:00.160 --> 1:11:05.200
<v Speaker 2>studio engineer Graham Gibson, Legal counsel for A y R Media,

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<v Speaker 2>Johnny Douglas, executive producer for iHeartMedia, Maya Howard,