WEBVTT - The Real Killer Season 3: Ep. 15, The Docket 0:00:03.040 --> 0:00:07.680 Two days before our last episode came out, Kelly pointed 0:00:07.720 --> 0:00:10.360 out there was a different case number on her littering 0:00:10.400 --> 0:00:14.240 case court docket, and the sentence of forty eight hours 0:00:14.240 --> 0:00:18.400 shock jail time and two years probation, which you heard 0:00:18.440 --> 0:00:24.160 her say never happened, was in fact also incorrect. What 0:00:24.480 --> 0:00:26.960 will Byron's legal team have to say about this? 0:00:28.000 --> 0:00:29.920 What are your concerns? I mean I could just hear 0:00:29.960 --> 0:00:32.680 it in your voice. Yeah, I mean I'm upset. I've 0:00:32.720 --> 0:00:33.400 been up all night. 0:00:34.080 --> 0:00:38.479 Is this alleged clerical error easily explained? Will it change 0:00:38.560 --> 0:00:42.200 how Kelly's credibility is now viewed? And what a fact, 0:00:42.240 --> 0:00:57.840 if any, will this have on Byron's legal case. I'm 0:00:57.920 --> 0:01:04.160 Leah Rothman. This is The Real Killer, Episode fifteen the docket. 0:01:12.520 --> 0:01:15.600 Right after Kelly and I speak that Tuesday night about 0:01:15.600 --> 0:01:19.720 this error on her court docket, I message Byron's attorney, 0:01:19.760 --> 0:01:22.280 Brian Russell to see if he can get the rest 0:01:22.319 --> 0:01:25.160 of the team together to talk the next morning. I 0:01:25.200 --> 0:01:28.800 don't share with Brian exactly why I'm asking for this 0:01:28.880 --> 0:01:32.480 last minute interview, but he comes back and says yes, 0:01:32.880 --> 0:01:36.760 he and the team will be available. So the next 0:01:36.760 --> 0:01:42.160 morning at eleven am my time, Brian, Nicole Gordon, Sean O'Brien, 0:01:42.480 --> 0:01:46.520 Quin O'Brien, and I all log into Zoom for what 0:01:46.560 --> 0:01:51.320 will be a very interesting conversation about Kelly's court docket 0:01:51.840 --> 0:01:55.160 and what can and cannot be proven? 0:01:56.920 --> 0:01:57.800 Can everyone hear me? 0:01:58.520 --> 0:01:58.880 Yes? 0:01:59.400 --> 0:02:00.320 Yeah yet. 0:02:00.800 --> 0:02:05.080 So thank you for getting together this quickly, because I 0:02:05.120 --> 0:02:08.680 reached out to Brian last night late last night asking 0:02:09.200 --> 0:02:12.600 for us to all get together. Kelly texted me yesterday 0:02:13.120 --> 0:02:18.640 and sent me screen grabs from her littering charge and 0:02:18.680 --> 0:02:22.280 I was like, okay, great, and she was like, see, 0:02:22.400 --> 0:02:23.480 it's just a fine. 0:02:24.160 --> 0:02:27.680 I just had to pay a fine. And I was like, well, 0:02:27.880 --> 0:02:29.000 let me send you what I have. 0:02:29.720 --> 0:02:32.520 It says you did forty eight hours of shock, jail 0:02:32.600 --> 0:02:38.080 time and two years probation. Within minutes, she wrote me 0:02:38.200 --> 0:02:43.560 back angrily pointed out that there is another case number 0:02:44.120 --> 0:02:48.600 next to that sentence on the docket, and at first 0:02:48.639 --> 0:02:50.240 I didn't see it. She was like, that's not my 0:02:50.360 --> 0:02:52.800 case number, and I was like, I don't see what 0:02:52.840 --> 0:02:56.320 you're seeing and she's basically like, you dummy, it's right there. 0:02:57.360 --> 0:03:00.440 And so I looked up that case number and it's 0:03:00.440 --> 0:03:02.840 a guy named Brendan. 0:03:03.480 --> 0:03:07.000 I won't use his last name who in nineteen. 0:03:06.720 --> 0:03:11.239 Ninety nine got in trouble for allegedly passing some bad checks. 0:03:11.720 --> 0:03:14.880 It doesn't say anything about shock jail time, but under 0:03:15.040 --> 0:03:18.800 his sentence or program info, it says that he had 0:03:18.919 --> 0:03:23.040 unsupervised probation for seven hundred and thirty one days, So 0:03:23.160 --> 0:03:24.240 that's two years. 0:03:23.960 --> 0:03:24.440 In a day. 0:03:25.440 --> 0:03:28.000 Kelly, as you heard in the last episode, said I 0:03:28.080 --> 0:03:31.600 didn't go to jail. I didn't I wasn't on probation. 0:03:32.320 --> 0:03:35.000 So how do you explain this? 0:03:35.800 --> 0:03:39.280 Kelly's word is mud. Frankly, I don't care what Kelly 0:03:39.280 --> 0:03:40.840 has to say about anything. 0:03:41.240 --> 0:03:43.520 That's Brian Russell. 0:03:43.680 --> 0:03:48.840 Unless there's some independent corroboration. Her word alone doesn't do anything. 0:03:49.320 --> 0:03:51.800 The point is she's still at a minimum, let's say, 0:03:52.160 --> 0:03:57.000 if even if it was just a fine, right, she 0:03:57.160 --> 0:04:00.640 was still convicted of a Class amis demeanor, which is 0:04:00.680 --> 0:04:06.520 what the probation is irrelevant to that fact that both 0:04:06.560 --> 0:04:10.960 her and the prosecutor's office had a duty to tell 0:04:11.000 --> 0:04:15.080 Byron that she was convicted of a Class A misdemeanor 0:04:15.880 --> 0:04:19.640 during all of this, right during all of their investigation 0:04:19.760 --> 0:04:23.000 and everything like that. So the fact that sorry, not 0:04:23.120 --> 0:04:26.279 the fact her allegation that she didn't actually do any 0:04:26.400 --> 0:04:30.240 jail time, which I still believed to be false. That 0:04:30.400 --> 0:04:33.279 is irrelevant to this issue. That she was still convicted 0:04:33.440 --> 0:04:37.240 of a Class A misdemeanor, and that this all happened 0:04:37.279 --> 0:04:42.520 while she was quote unquote cooperating with the Jackson County 0:04:42.560 --> 0:04:46.520 prosecutor right she had an incentive. She had an active 0:04:46.600 --> 0:04:50.440 warrant out for her arrest. She admitted to you that 0:04:50.480 --> 0:04:54.479 she was picked up on that warrant by the Least 0:04:54.480 --> 0:04:58.280 Summit Police Department, which was that was new information for us, 0:04:58.279 --> 0:05:00.440 because we never knew where she was picked up on warrant. 0:05:00.440 --> 0:05:02.719 We just knew that she was picked up one more so, 0:05:03.760 --> 0:05:06.840 as far as what our response is to that is, 0:05:06.960 --> 0:05:09.359 it's great. That's great. Thank you for telling us and 0:05:09.440 --> 0:05:12.120 confirming that you were convicted of a Class A misdemeanor, 0:05:12.480 --> 0:05:15.160 that you lied about it to Byron's defense counsel when 0:05:15.160 --> 0:05:17.039 he asked if you had ever been convicted of a 0:05:17.040 --> 0:05:20.279 felony or misdemeanor in state or federal court, and that 0:05:20.360 --> 0:05:24.120 the prosecutor's office should have known about it, probably did 0:05:24.279 --> 0:05:28.120 know about it and didn't do their job and fulfill 0:05:28.200 --> 0:05:31.720 their duty to disclose that to Byron and his defense. 0:05:31.400 --> 0:05:33.760 Team, here's Sean O'Brien. 0:05:34.480 --> 0:05:36.880 You know, we had found the clerical error that they 0:05:36.960 --> 0:05:42.400 had linked some unrelated person's case to her case net. 0:05:42.400 --> 0:05:46.560 But that was a clerical error. Apparently doesn't negate any 0:05:46.560 --> 0:05:49.080 of the other stuff. That's not his shock time, that's 0:05:49.120 --> 0:05:50.200 not his judgment. 0:05:50.800 --> 0:05:51.480 We know it's a. 0:05:51.440 --> 0:05:54.200 Clerical error because I reached out to Christopher Class who's 0:05:54.200 --> 0:05:57.280 the sheriff of Cooper County, and he did confirm that 0:05:57.320 --> 0:06:00.760 she did two days of shock time. Okay, so Nicole, 0:06:00.800 --> 0:06:02.320 and glad you brought that up, because I have your 0:06:02.320 --> 0:06:04.240 email that you sent me and. 0:06:04.040 --> 0:06:07.360 He does not He does not do that. I'll read 0:06:07.360 --> 0:06:08.240 it to you, you said. 0:06:08.320 --> 0:06:11.479 The email says, we've received your Sunshine Law requests for 0:06:11.560 --> 0:06:17.920 information regarding detention records for Kelly Moffatt. Looking up information 0:06:18.000 --> 0:06:21.800 on Moffitt, it was found through court records that she 0:06:22.000 --> 0:06:25.320 was sentenced to two days jail time back on April third, 0:06:25.360 --> 0:06:27.839 two thousand and one, on a littering case. On a 0:06:27.880 --> 0:06:31.280 littering case, those records have since been destroyed in accordance 0:06:31.320 --> 0:06:35.080 with our retention schedule. We show no other incarceration for Moffitt, 0:06:35.120 --> 0:06:37.200 and our records. If you have any further questions, please 0:06:37.240 --> 0:06:40.040 feel free to contact the sheriff's office. So they're basically saying, 0:06:40.080 --> 0:06:42.960 we don't have any records that she was detained. We 0:06:43.040 --> 0:06:46.120 are looking at the court records, which seemed to be erroneous, 0:06:47.200 --> 0:06:50.320 and that's what they're referencing. They don't say that she 0:06:50.400 --> 0:06:51.400 spent any time there. 0:06:51.880 --> 0:06:54.760 Well, in other words, she owes Boone County two days 0:06:54.760 --> 0:06:58.080 of shock time. Is what that means. I mean, you know, 0:06:58.160 --> 0:07:02.840 we've looked at you know, three lawyers have looked this over. 0:07:04.400 --> 0:07:07.479 She owes Boone County two day shock time. And what 0:07:07.600 --> 0:07:10.200 the sheriff is saying, we don't have the jail records, 0:07:10.240 --> 0:07:12.960 but the court order to do them. She probably did them, 0:07:12.960 --> 0:07:16.320 and if she did them, their records are destroyed. That's 0:07:16.360 --> 0:07:17.440 what that means. 0:07:17.840 --> 0:07:22.520 Another component of this is Kelly claims that she was 0:07:22.560 --> 0:07:26.560 never arrested. Well, we have a record from the Missouri 0:07:26.600 --> 0:07:31.160 State Highway Patrol from April fifteenth of two thousand that 0:07:31.360 --> 0:07:32.640 says that she was arrested. 0:07:33.120 --> 0:07:35.480 This is the thing you have to understand about dealing 0:07:35.520 --> 0:07:39.160 with Kelly. She's the kind of liar who will tell 0:07:39.160 --> 0:07:41.280 a lie to cover a lie, to cover a lie, 0:07:41.880 --> 0:07:45.400 and she demonstrated that to you in your last episode 0:07:45.400 --> 0:07:48.200 that we listened. We heard that several times. 0:07:48.080 --> 0:07:52.080 And with all due respect, I just can't look at 0:07:52.120 --> 0:07:56.400 this and say definitively that she's tolling a lie. 0:07:56.760 --> 0:07:58.600 Then you should look at other records that are going 0:07:58.640 --> 0:07:59.600 to corroborate that date. 0:08:00.080 --> 0:08:03.000 Let me finish, because but you guys, where are they? 0:08:03.160 --> 0:08:05.720 Where are the records that corroborate that she actually went 0:08:05.720 --> 0:08:09.320 to jail or I mean, or was even sentenced to it. 0:08:10.080 --> 0:08:12.720 All I'm saying is, if we look at this, she 0:08:13.440 --> 0:08:18.000 seemed very confused about the two days, forty eight hours 0:08:18.000 --> 0:08:21.400 of shock, jail time, and the two years probation. She 0:08:21.520 --> 0:08:26.440 also said when she was asked in her deposition, you 0:08:26.480 --> 0:08:29.240 know about if she had been in trouble with the law, 0:08:29.600 --> 0:08:32.240 she didn't really consider a littering charge in a fine 0:08:32.480 --> 0:08:36.000 that big of a deal. But what about pick a 0:08:36.080 --> 0:08:38.600 warrant and extra died it to a different county? 0:08:39.000 --> 0:08:39.320 Right? 0:08:39.520 --> 0:08:41.640 Yeah, why would she be extradited to a different county 0:08:41.880 --> 0:08:42.920 if there wasn't a big deal. 0:08:43.160 --> 0:08:46.319 Yeah, they issued a warrant for her arrest, a bench warrant, 0:08:46.520 --> 0:08:49.079 and she was arrested on that bench warrant. And here 0:08:49.160 --> 0:08:52.800 she is saying that to be extradited. For hold On 0:08:53.160 --> 0:08:56.520 to be extradited from Jackson County to Cooper County would 0:08:56.520 --> 0:08:59.000 have taken more than a day or two. She was 0:08:59.040 --> 0:09:03.080 in jail somewhat. Maybe she wasn't in jail in Cooper County. 0:09:03.080 --> 0:09:06.360 Maybe the judge in Cooper County said, oh, you said 0:09:06.400 --> 0:09:09.360 in the Jackson County jail, or in the least summit 0:09:09.480 --> 0:09:12.920 jail for two days while you were waiting to get 0:09:12.920 --> 0:09:15.360 extradited here to plead guilty to this fine, we're going 0:09:15.400 --> 0:09:18.960 to credit you for that two days. But we don't 0:09:19.000 --> 0:09:21.520 know this. But you don't know And why don't we 0:09:21.559 --> 0:09:23.760 know it, Leah, We don't know it because the Jackson 0:09:23.800 --> 0:09:28.280 County Prosecutor's office hid it. They did not disclose they 0:09:28.320 --> 0:09:32.719 had Kelly was a minor on this charge too, and 0:09:32.800 --> 0:09:37.080 so they knew about this. There's no reason they shouldn't 0:09:37.080 --> 0:09:40.120 have known about this, and they failed to disclose it. 0:09:40.160 --> 0:09:43.079 And it wasn't until twenty years later that we're finding it, 0:09:43.320 --> 0:09:45.559 and all the records have been destroyed, and so we're 0:09:45.640 --> 0:09:49.800 trying to piece together what happened as best we can. 0:09:50.720 --> 0:09:53.160 But as far as what Kelly has to say about it, 0:09:53.240 --> 0:09:56.760 or what her memory, says, it's funny that she you know, 0:09:57.400 --> 0:10:00.920 it's funny the things that she remembers so is vividly, 0:10:01.800 --> 0:10:03.880 and then the things she has no memory of or 0:10:03.960 --> 0:10:07.640 she's not sure about. And so, as far as for 0:10:07.720 --> 0:10:11.360 our purposes and for Byron's purposes, all that really matters 0:10:11.840 --> 0:10:14.680 is that she was convicted of a class amiss. 0:10:14.360 --> 0:10:17.440 To mean, and she responded to a question about it 0:10:17.480 --> 0:10:20.640 by saying, I've never even been in trouble with the police. 0:10:21.480 --> 0:10:24.120 She told you she was taken in custody on a warrant. 0:10:24.640 --> 0:10:27.240 Right, If that's not trouble with them, I think we 0:10:27.280 --> 0:10:30.880 would all remember getting arrested and picked up on a 0:10:30.880 --> 0:10:33.240 warrant and having to sit in jail and wait to 0:10:33.280 --> 0:10:37.200 get transferred to another county and to use her word. 0:10:37.080 --> 0:10:39.679 Extradited, I hear you. 0:10:40.920 --> 0:10:43.240 I mean, just so you know, I was up all 0:10:43.320 --> 0:10:46.440 night like this does not sit well with me. This 0:10:46.600 --> 0:10:50.600 is troubling to me. It's troubling because I didn't pick 0:10:50.679 --> 0:10:53.040 up on there being another case number as many times 0:10:53.040 --> 0:10:54.320 as I've looked at this docket. 0:10:54.559 --> 0:10:56.640 The fact that I didn't pick up on that, and. 0:10:56.559 --> 0:10:59.840 Also a large part of the case, or you know, 0:11:00.280 --> 0:11:03.760 a large part of the case is that Kelly is 0:11:03.840 --> 0:11:07.360 a drug addicted liar that was in bigger trouble and 0:11:07.400 --> 0:11:09.800 flipped on Byron in order to get out of the 0:11:09.800 --> 0:11:10.520 bigger trouble. 0:11:11.000 --> 0:11:13.079 We absolutely don't know that to be the fact. 0:11:13.160 --> 0:11:17.080 We don't know that she was actually sentenced to that 0:11:17.200 --> 0:11:20.960 this is actually her sentence. If that case number that's 0:11:21.000 --> 0:11:25.440 on there is wrong, we don't know that the sentence 0:11:25.480 --> 0:11:28.079 on there is wrong. Because stay with me for one second. 0:11:28.679 --> 0:11:33.960 On another page of these docket records, the page that 0:11:34.000 --> 0:11:38.360 talks about her sentence, stand by yeah, On the page 0:11:38.400 --> 0:11:44.520 that talks about charges and sentence. Under sentence, it says fine, fine, 0:11:44.720 --> 0:11:50.360 fourteen dollars and ninety five cents. So where is where 0:11:50.480 --> 0:11:54.440 is the sentence of forty eight hours shock, jail time 0:11:54.520 --> 0:11:55.520 in two years probation. 0:11:56.200 --> 0:11:56.960 I can hold it up. 0:11:57.240 --> 0:12:00.360 I can't not. Yeah, I'm looking at it on line 0:12:00.440 --> 0:12:00.840 right now. 0:12:01.400 --> 0:12:02.640 Here's Quinn O'Brien. 0:12:03.559 --> 0:12:08.080 She still lied, And I mean, we keep forgetting that 0:12:08.480 --> 0:12:11.440 a medical examiner has said that her version of events 0:12:12.200 --> 0:12:15.480 is totally impossible, that it's a Hollywood fiction. We're forgetting that. 0:12:15.840 --> 0:12:19.560 Don Rand and other gas station attendants told people at 0:12:19.559 --> 0:12:22.240 one time or another that they saw someone get out 0:12:22.240 --> 0:12:25.360 of a car and go use a payphone. We're forgetting that. 0:12:25.480 --> 0:12:28.960 Bob told the Fishers that he saw Anastasia later that 0:12:29.080 --> 0:12:30.959 night and tried to get her to get in the car. 0:12:31.200 --> 0:12:34.520 There's just so much out there that shows that Kelly's 0:12:34.559 --> 0:12:38.480 story is false. That you know, these these little things 0:12:38.600 --> 0:12:41.800 are I mean, at what point are we just? I mean, 0:12:42.280 --> 0:12:45.480 you're asking us to prove that there was a clerical 0:12:45.600 --> 0:12:51.080 error rather than you know, have Kelly prove that she 0:12:51.320 --> 0:12:54.800 wasn't in prison, Make her prove that she wasn't in jail. 0:12:55.200 --> 0:12:57.440 Have her prove that. Show ask her where she was, 0:12:57.480 --> 0:13:00.000 what she was doing, If she wasn't doing shocked time, 0:13:00.240 --> 0:13:02.360 what was she doing, where was she made? 0:13:02.400 --> 0:13:04.480 It's not up to her to prove it. It's up 0:13:04.520 --> 0:13:06.640 to you, guys to prove it. Right and again I 0:13:06.640 --> 0:13:08.520 say this with all due respect, but it's up to you. 0:13:08.600 --> 0:13:11.120 Guys are making the allegations. It's up to you to 0:13:11.160 --> 0:13:14.040 prove it, not to Kelly. I mean, Kelly's just I'm 0:13:14.040 --> 0:13:17.640 telling you what she said. This is what you guys 0:13:17.760 --> 0:13:20.280 have done, have gone after her credibility left and right. 0:13:20.320 --> 0:13:23.080 She says, I have not told a lie, and I 0:13:23.080 --> 0:13:25.680 can hear your laughter about to come in, but she says, 0:13:25.720 --> 0:13:28.200 I've not told a lie since I've come forward, and 0:13:28.240 --> 0:13:30.320 this is an example of the stuff that has been 0:13:30.400 --> 0:13:34.760 used against her to discredit her. And so it's not 0:13:34.920 --> 0:13:37.840 her job to prove this. It's your job if you 0:13:37.880 --> 0:13:39.199 make the allegation. 0:13:38.800 --> 0:13:41.559 Bia, It's not your job to give her a parachute 0:13:41.559 --> 0:13:43.480 out of these things either, Like when she started to 0:13:43.520 --> 0:13:47.120 say that if she and Byron weren't interrogated together, that 0:13:47.200 --> 0:13:50.520 she might have gone ahead and admitted or hum forward, 0:13:50.559 --> 0:13:53.520 not admitted. If she and Byron hadn't been interrogated together, 0:13:53.960 --> 0:13:58.200 then she would have talked about seeing the death. You 0:13:58.240 --> 0:14:01.360 stepped in and said, well, the records say that you 0:14:01.600 --> 0:14:04.800 weren't interrogated together, and she said, oh, oh, oh, you're right. 0:14:05.120 --> 0:14:08.079 So she gets a parachute out of her lies. 0:14:08.559 --> 0:14:10.160 And I don't think that's a parachute. 0:14:10.200 --> 0:14:12.440 I think I was taking her to task, like I 0:14:12.559 --> 0:14:15.320 was pointing out that what she said was untrue. I 0:14:15.320 --> 0:14:17.760 don't think that's a parachute I was giving her. 0:14:18.200 --> 0:14:20.200 I would have let her go. I would have asked 0:14:20.200 --> 0:14:23.160 her so in that interrogation together, what happened? 0:14:23.320 --> 0:14:25.840 Okay, but this isn't about me, right, now I've already 0:14:25.920 --> 0:14:29.120 I'm like admitting that I've messed up by not even 0:14:29.320 --> 0:14:33.360 recognizing that there was, you know, a different case number 0:14:33.400 --> 0:14:36.080 next to the sentence that differed from the case number 0:14:36.080 --> 0:14:38.360 on the upper left hand corner or the upper you know, 0:14:38.400 --> 0:14:38.600 on the. 0:14:38.600 --> 0:14:39.280 Top of the page. 0:14:39.320 --> 0:14:41.960 Like I should have should have I should have figured 0:14:42.000 --> 0:14:43.560 this out a long time ago and asked you guys 0:14:43.600 --> 0:14:44.720 a long time ago about this. 0:14:45.440 --> 0:14:47.520 So, yeah, we've known about it for a long time. 0:14:48.120 --> 0:14:52.400 Nobody said anything. Nobody, nobody has said anything. So everyone, 0:14:52.520 --> 0:14:56.680 I mean, we've been moving forward as if she did 0:14:56.880 --> 0:15:01.200 time in jail and was on probation. I don't. Well, again, 0:15:01.600 --> 0:15:03.720 there's no proof of that right now, there is no 0:15:03.840 --> 0:15:06.800 proof of that. If you have proof, then please what 0:15:06.960 --> 0:15:18.440 sure we do we have proof of that? Where's the 0:15:18.480 --> 0:15:19.720 proof that she was in jail? 0:15:20.120 --> 0:15:22.360 Here, let me show you that she was in jail. 0:15:22.480 --> 0:15:24.840 She admitted to it. What are you talking about? She 0:15:24.920 --> 0:15:26.760 just admitted to it. She said she was arrested in 0:15:26.880 --> 0:15:27.800 least summit. 0:15:27.720 --> 0:15:30.040 But she didn't. I'm talking about getting sentenced. 0:15:30.040 --> 0:15:33.000 So she pled guilty and that her sentence is supposed 0:15:33.040 --> 0:15:35.640 to be forty eight hours in jail in two years probation. 0:15:35.920 --> 0:15:38.560 Where is the proof that that actually was the case. 0:15:38.800 --> 0:15:42.560 And here's another question, and I actually don't know this answer. 0:15:42.640 --> 0:15:43.920 I think I know the answer, but I'm going to 0:15:43.960 --> 0:15:46.400 ask you, if you're on probation, do you get a 0:15:46.400 --> 0:15:47.320 probation officer. 0:15:47.760 --> 0:15:50.800 We tried to find her probation officer and all of that. 0:15:50.920 --> 0:15:53.560 But here's the thing. She was a juvenile on this thing. 0:15:53.760 --> 0:15:57.040 So those are all closed records. We can't get it 0:15:57.120 --> 0:15:58.720 that until we file the havienes. 0:15:58.920 --> 0:16:01.240 But you don't know that they're as a probation officer. 0:16:01.560 --> 0:16:03.880 Correct, Yeah, I don't know that she had a probation officer. 0:16:04.160 --> 0:16:06.840 And the other thing that we have looked into was 0:16:07.280 --> 0:16:11.280 she was a Kansas resident at the time, but on 0:16:11.360 --> 0:16:16.840 Missouri probation. So there's a weird It's like, okay, well, 0:16:16.840 --> 0:16:20.320 would she have gotten a Kansas probation officer? You know, 0:16:20.320 --> 0:16:22.400 would that have been put over there to do that? 0:16:22.600 --> 0:16:24.560 And you know, we still believe that she was put 0:16:24.600 --> 0:16:28.240 on probation, which would totally make sense because when all 0:16:28.280 --> 0:16:32.280 of this happens, she's supposed to be quote unquote cooperating 0:16:32.320 --> 0:16:35.840 with the Jackson County Prosecutor's office. Right in December of 0:16:35.880 --> 0:16:40.480 two thousand, they put this tape recorder in the Moffit residence. 0:16:40.760 --> 0:16:44.920 Right months go by, no phone calls with Byron, no 0:16:45.120 --> 0:16:49.040 no reported attempts of phone calls with Byron. Kelly seems 0:16:49.080 --> 0:16:53.600 to disappear because there's literally no reports. Then she gets 0:16:53.680 --> 0:16:57.760 picked up on this warrant, pleads guilty. We still believe, 0:16:58.400 --> 0:17:01.360 sentenced to two days shock time with probation. But let's 0:17:01.360 --> 0:17:03.720 say she's not. Let's say she's just convicted of a 0:17:03.760 --> 0:17:06.919 Class A misdemeanor. The reason it makes sense for her 0:17:06.960 --> 0:17:10.119 to be sentenced to two years probation is so the 0:17:10.160 --> 0:17:15.080 prosecutors have control over her during the pendency of the 0:17:15.560 --> 0:17:20.840 rest of their investigation and prosecution into Byron. Right so, 0:17:21.760 --> 0:17:24.520 and then it's two months after this guilty plead that 0:17:24.640 --> 0:17:28.119 she finally gets Byron on the phone. But I wanted 0:17:28.119 --> 0:17:30.159 to point out too, and I tried to share my screen, 0:17:30.160 --> 0:17:33.280 but I can't. I can email you this document I 0:17:33.320 --> 0:17:36.960 have because we took screenshots of this back when we 0:17:37.040 --> 0:17:40.200 found it, and I'm looking at the screen shot of 0:17:41.119 --> 0:17:43.919 it now, not the screenshot. I'm looking at the screen 0:17:44.000 --> 0:17:46.399 on case net right now, and it looks like it 0:17:46.440 --> 0:17:49.760 has been altered from when we first found it and 0:17:49.800 --> 0:17:53.120 gathered it because it used to say on April third, 0:17:53.160 --> 0:17:56.679 two thousand and one, judgment entered SEES which stands for 0:17:56.920 --> 0:18:01.320 suspended execution of sentence thirty days, can secut with case number, 0:18:01.520 --> 0:18:04.480 consecutive with case number, you know, and then that's the 0:18:04.480 --> 0:18:07.000 case number we're talking about, which is related to somebody 0:18:07.040 --> 0:18:12.919 different forty eight hours shot time probation two years right now, 0:18:13.600 --> 0:18:17.359 and then under that entry it says guiltyply. Now on 0:18:17.640 --> 0:18:20.840 live on case Net it just says April third, two 0:18:20.920 --> 0:18:24.840 thousand and one, guiltyply. It doesn't have judgment entered on 0:18:24.880 --> 0:18:28.320 that docket report like it used to. So something somebody 0:18:28.320 --> 0:18:30.520 got on there and changed something and I don't know 0:18:30.560 --> 0:18:32.399 why that happened, and I don't know who did that, 0:18:32.920 --> 0:18:35.879 but that's new. That is also new information for us. 0:18:36.880 --> 0:18:40.360 This is true. There are two dockets. 0:18:40.720 --> 0:18:43.960 The one Cooper County sent me on April sixteenth, twenty 0:18:44.040 --> 0:18:47.320 twenty four. In the middle of the page, under sentence 0:18:47.680 --> 0:18:52.320 it says fine. Then under total case fine imposed it 0:18:52.400 --> 0:18:56.200 says fourteen dollars and ninety five cents. In the docket 0:18:56.240 --> 0:19:00.000 Byron's legal team sent me, which they pulled on October two, 0:19:00.000 --> 0:19:02.879 twelfth twenty twenty one. In the middle of the page, 0:19:02.960 --> 0:19:05.840 it says Kelly was sentenced to a fine of fourteen 0:19:05.880 --> 0:19:09.480 dollars and ninety five cents, just like the one Cooper 0:19:09.520 --> 0:19:13.560 County sent me, but lowered down on that page, in 0:19:13.600 --> 0:19:16.600 the itemized list of events that happened in the case 0:19:17.200 --> 0:19:20.320 on April third, two thousand and one, there is that 0:19:20.440 --> 0:19:24.080 other person's case number, and next to it is the 0:19:24.119 --> 0:19:27.680 sentence of forty eight hours shock jail time and two 0:19:27.760 --> 0:19:28.600 years probation. 0:19:29.520 --> 0:19:33.680 So what the hell which sentence is the real one? 0:19:33.960 --> 0:19:37.120 When was the forty eight hours shock jail time two 0:19:37.200 --> 0:19:41.159 years probation erased from the docket? It had to have 0:19:41.200 --> 0:19:44.639 been some time between October of twenty twenty one and 0:19:44.720 --> 0:19:46.560 April of twenty twenty four. 0:19:47.800 --> 0:19:51.520 Who did it and why? By the way, I. 0:19:51.560 --> 0:19:55.080 Had asked Byron's legal team about these two different court 0:19:55.160 --> 0:20:00.680 dockets before, because one had the sentence forty eight hours 0:20:00.680 --> 0:20:03.080 shock jail time and two years probation and the other 0:20:03.119 --> 0:20:06.800 one didn't have it. They said it was because there 0:20:06.840 --> 0:20:10.120 was a difference between what information a lawyer can access 0:20:10.160 --> 0:20:14.520 on case net, Missouri's legal case database and what the 0:20:14.600 --> 0:20:19.440 general public can. Not sure if that's what happened or 0:20:19.680 --> 0:20:23.960 if it's something else. In an attempt to get some 0:20:24.160 --> 0:20:27.840 clarity on Kelly's two different court dockets and whether or 0:20:27.920 --> 0:20:31.080 not she was ever sentenced to forty eight hours in 0:20:31.160 --> 0:20:35.000 jail and two years probation, I email the Jackson County 0:20:35.040 --> 0:20:38.520 Prosecutor's office to see if they will answer my questions 0:20:38.760 --> 0:20:43.119 at least about this. Remember, months ago, I was told 0:20:43.119 --> 0:20:46.560 that it wouldn't be appropriate for Prosecutor Teresa Crayon to 0:20:46.560 --> 0:20:51.200 speak until all litigation in this case is complete. When 0:20:51.200 --> 0:20:54.840 the prosecutor's office responds, they say the same thing, They 0:20:54.920 --> 0:20:59.040 can't comment until all litigation is complete on this matter 0:21:00.119 --> 0:21:03.960 Nicole again, and the state was able to find Byron's 0:21:04.000 --> 0:21:06.320 records in a different county, They did a background check 0:21:06.359 --> 0:21:09.160 on him, brought it to trial. Why didn't you need 0:21:09.160 --> 0:21:10.760 to tell me they didn't do that with Kelly and 0:21:10.800 --> 0:21:13.280 brought it to trial. And so there is the presumption 0:21:13.440 --> 0:21:15.440 of this wasn't disclosed and. 0:21:15.280 --> 0:21:18.400 Why I mean, and I think that we're. 0:21:18.440 --> 0:21:22.399 Allowed to hypothesize of all the reasons that someone would 0:21:23.160 --> 0:21:26.400 in Kelly's position would implicate. 0:21:26.240 --> 0:21:27.600 Somebody else in a murder. 0:21:27.640 --> 0:21:30.360 I mean, we're allowed to do that, but Brian's right. 0:21:30.720 --> 0:21:32.440 The fact of the matter is is that they didn't 0:21:32.440 --> 0:21:34.680 disclose it and they had a duty to right. 0:21:34.760 --> 0:21:37.119 And we have court records that say that she was 0:21:37.160 --> 0:21:40.399 on shot time, two days of shot time with a 0:21:40.440 --> 0:21:44.000 thirty day backup in two years probation. That's what the 0:21:44.040 --> 0:21:46.960 records we have say. She might say that that's not 0:21:47.000 --> 0:21:49.000 true and that's not what happened, and that's fine, you 0:21:49.040 --> 0:21:52.080 know what. That's what this process is for. And maybe 0:21:52.119 --> 0:21:55.040 we find out that she wasn't sentenced to two days 0:21:55.040 --> 0:21:57.480 of shock time, but at a minimum, she was still 0:21:57.520 --> 0:22:00.960 convicted of a class A mystery, right, and that's what 0:22:01.040 --> 0:22:02.359 they had a duty to disclose. 0:22:03.119 --> 0:22:04.920 So I think there are two issues, right. 0:22:05.440 --> 0:22:10.440 I think it's I mean, you have been putting forth 0:22:10.720 --> 0:22:14.080 the theory that she got into this bigger trouble, and 0:22:14.200 --> 0:22:16.679 you know, Kelly is a drug addicted liar and she, 0:22:18.000 --> 0:22:21.640 you know, was in this bigger trouble and that's why 0:22:21.680 --> 0:22:26.440 she flipped and worked with prosecutors. That doesn't seem as 0:22:26.520 --> 0:22:28.600