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Speaker 1: A warning.

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Speaker 2: This episode contains depictions of violence and conversations about suicide

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Speaker 2: that may be disturbing and triggering for some listeners. If

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Speaker 2: you are struggling with suicidal thoughts, please fast forward to

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Speaker 2: the end of this episode to find out where help

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Speaker 2: is available. It's been almost three years since eighteen year

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Speaker 2: old Anastasia Whitbolsfugen was brutally murdered in Lincoln Cemetery. There

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Speaker 2: have been no arrests in the case. No one has

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Speaker 2: been ruled out.

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Speaker 3: Followings interviewer conducted on.

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Speaker 4: September twenty first, two thousand, starting in approximately thirteen oh

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Speaker 4: five hours.

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Speaker 2: Then out of nowhere, a huge break in the case.

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Speaker 2: Someone comes forward who says they know who killed Anastasia

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Speaker 2: and they're ready to come clean. I'm Leah Rothman. This

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Speaker 2: is the real killer. Episode five. We shouldn't talk about this.

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Speaker 5: Station name Kelly Moffatt, date of birth.

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Speaker 2: With the promise of immunity from prosecution, Kelly Moffatt, who

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Speaker 2: went out the night of October twenty second, nineteen ninety

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Speaker 2: seven with her boyfriend Byron Case, Anastasia, and Anastasia's boyfriend

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Speaker 2: Justin Bruton, has now come forward to say she witnessed

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Speaker 2: Anastasia's murder and she knows who pulled the trigger. Sergeant

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Speaker 2: Gary Kilgore speaks with her at Mainstream Women's Center, a

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Speaker 2: drug rehab facility where Kelly is doing inpatient treatment.

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Speaker 3: I understand that.

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Speaker 4: The times that you and I have previously talk that

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Speaker 4: you were not entirely truthful with me.

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Speaker 3: Yeah that is correct.

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Speaker 5: Yeah, that's great, okay, and.

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Speaker 4: You are now willing to be truthful with them.

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Speaker 5: Yes.

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Speaker 2: At the time of this interview, Kelly is seventeen, about

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Speaker 2: one month shy of her eighteenth birthday. She was fifteen

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Speaker 2: the night of Anastasia's death.

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Speaker 3: Do you know how Anastasia died?

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Speaker 5: Yes?

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Speaker 3: Could you go ahead and tell me what it is?

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Speaker 3: Did you know about them?

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Speaker 5: Where? Should I start? Just anywhere? Anything? Well, I'll start

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Speaker 5: with what I know, okay, because I'm not.

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Speaker 2: Kelly begins with Justin and Anastasia's tumultuous relationship in early

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Speaker 2: fall of nineteen ninety seven. She says, Anastasia had been

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Speaker 2: living with Justin at his condo and they were fighting

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Speaker 2: a lot. Kelly says about one week before Anastasia was murdered,

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Speaker 2: Justin asked her to move out, so she moved back

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Speaker 2: home with her dad.

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Speaker 5: After that, she was kind of Justin was getting upset

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Speaker 5: because she was calling him constantly and showing up at

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Speaker 5: his apartment and everything. Him and Anastasia. Justin and Anastesia

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Speaker 5: had had plans at one point because Justin's parents were

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Speaker 5: so wealthy and he didn't get along with them, they

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Speaker 5: were gonna go rob them, and that didn't work out.

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Speaker 5: They had I guess they had it planned out or whatever.

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Speaker 5: I never saw a weapon or anything.

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Speaker 3: They tim robbed Justin's parents.

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Speaker 5: Got no as far as I know, they decided to.

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Speaker 5: They started to drive down there to told to Oklahoma

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Speaker 5: to his parents' house, and they ended up kind of

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Speaker 5: chickening out and turning around and coming back home.

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Speaker 3: And when was this taking place, probably.

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Speaker 5: I don't know, a couple of weeks before she died,

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Speaker 5: before she moved out anyway, so that was kind of

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Speaker 5: when Justin's weird plans for things like started.

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Speaker 3: Did they discussing any of these?

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Speaker 2: The conversation then turns to October twenty second, nineteen ninety seven,

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Speaker 2: the last day Anastasia was seen alive. Kelly says, after school,

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Speaker 2: Byron and Justin picked her up, and I just figured.

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Speaker 5: It was like a normal day, like we were gonna

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Speaker 5: go hang out. When I got in the car with them,

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Speaker 5: they asked me if I would help them with something

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Speaker 5: and I was like, well what, And Justin's like, well,

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Speaker 5: you know, I've been having like a really hard time.

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Speaker 5: And he goes, who's the person who's like the biggest

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Speaker 5: pain in my ass right now? So I said your

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Speaker 5: parents and he was like, no, they're in Tulsa. You know,

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Speaker 5: they're not that big of a problem. So I was

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Speaker 5: like in Anastasia and he goes, yes, and he said,

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Speaker 5: wouldn't my life be a lot easier? She wasn't like around.

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Speaker 5: So that's how like all that talk started.

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Speaker 3: And where were you when this convers SAFETI was taking

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Speaker 3: close in the.

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Speaker 5: Car with them, driving around j They come and picked

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Speaker 5: me up, Yeah, in Justin's car.

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Speaker 3: Then did night just driving around talking about this.

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Speaker 6: HM.

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Speaker 5: Well they He was saying all this as we were

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Speaker 5: on the way to a gas station where they wanted

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Speaker 5: me to call her and ask her to meet her

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Speaker 5: d meet them at Dairy Queen. But she knew that

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Speaker 5: all it was all three of us, And when I

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Speaker 5: called her, you know, they said that they he was

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Speaker 5: going to get her out there and break up with

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Speaker 5: her and all this, and.

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Speaker 3: You called Anna sty Yes I did from where.

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Speaker 5: From the kick sixty sixth uh gas station in Lennoxa, Kansas.

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Speaker 5: And about what time is between four and five?

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Speaker 4: I'd say, okay, So in your conversation with Anna stage.

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Speaker 3: Or was what it was?

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Speaker 5: Just it wasn't long. I just called her and said,

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Speaker 5: did uh Firen and Justine they were going to meetup

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Speaker 5: with day And She's like, yeah, where am I supposed

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Speaker 5: to meet you guys? And I just said the dairy queen?

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Speaker 3: Mkay? So she had already You've made arrangement?

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Speaker 5: Yeah, I guess sh she'd talk to 'em on the

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Speaker 5: phone or earlier that day, but I'm pretty sure they

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Speaker 5: were like wanted me to make the phone call probably,

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Speaker 5: you know. So she told somebody, yeah, Kelly called, were

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Speaker 5: going to go meet up a dairy queen something like that,

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Speaker 5: because what were heppened? Okay? And so after that they

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Speaker 5: were talking about how he did They did say that

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Speaker 5: they were going to shoot her?

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Speaker 3: Just sh how did they come out? Uh? I mean,

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Speaker 3: are you sitting.

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Speaker 4: There listening to t two people playing a a a murder?

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Speaker 3: Do you have questions though.

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Speaker 5: Yeah, basically I was like, what did you say or

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Speaker 5: you know, I said, well, I didn't really think that

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Speaker 5: they were gonna do it, because, like I said, the

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Speaker 5: whole robbery thing and stuff before. But it was just

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Speaker 5: kind of him saying, you know that he was just well,

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Speaker 5: Justin was really depressed anyway, him just saying that everything

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Speaker 5: would be a lot easier if she was like out

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Speaker 5: of the way and all this. And it was also

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Speaker 5: they kind of had like Justin had always said that

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Speaker 5: he just kind of wanted to kill somebody just to

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Speaker 5: I guess to have done it in his lifetime or

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Speaker 5: something like that, and Buyer and agreed to it, you know, to.

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Speaker 4: Killing somebody or specifically killing Anastasia.

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Speaker 5: I heard him talk about like kind of having like

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Speaker 5: the morbid curiosity of one because when he before, but

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Speaker 5: this time it was specifically her. Mkay.

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Speaker 4: And you said when they were talking about this, you

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Speaker 4: said what, I.

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Speaker 5: Was like, you guys are you guys are not? So

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Speaker 5: I was like, you were really not gonna do this?

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Speaker 5: And it was just so stupid because it was broad daylight,

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Speaker 5: I'd just gotten off school. It was like a week

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Speaker 5: day and everything. I was like, you guys, don't even

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Speaker 5: I mean, it just seemed ridiculous, you know. And also

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Speaker 5: they had when I got in the car, they had

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Speaker 5: a bottle of Jack Daniels. So they've been drinking and

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Speaker 5: they've been just kind of brooding with each other all day.

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Speaker 5: I guess about this or just about something anything.

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Speaker 3: Did you see a weapon?

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Speaker 5: Uh?

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Speaker 3: Uh No, did you ever see a weapon?

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Speaker 5: The only weapon I ever saw was I knew at

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Speaker 5: Byron's dad's house that I didn't think Justin never had

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Speaker 5: one or anything, but I knew at Byron's dad's house

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Speaker 5: there was like a hunting rifle or like a shotgun

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Speaker 5: of some sort that was up on the wall at

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Speaker 5: his dad's house.

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Speaker 4: Okay, Uh, if your memory serves me right, when you

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Speaker 4: and I talked in the past, you told me about

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Speaker 4: a shotgun that Justin out.

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Speaker 5: They just knowaned now that must have just been part

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Speaker 5: of the story cause of Holly, I never saw having one.

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Speaker 4: So uh, it's telling me about the shotgun in the

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Speaker 4: past and what you saw.

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Speaker 3: Kah, Yeah, Why did you tell me that?

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Speaker 5: Because at that point in time, me and Byron thought

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Speaker 5: it would just be easier if somebody thought, you know,

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Speaker 5: Justin had done it. And since they they had told

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Speaker 5: me that they had him on camera buying the shotgun,

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Speaker 5: and I kind of went along with it.

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Speaker 2: Okay, Okay, Now this is interesting because remember investigators have

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Speaker 2: the firearms transaction record for the shotgun Justin purchased in

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Speaker 2: September of nineteen ninety seven, just weeks before the murder,

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Speaker 2: so that gun did at one point exist.

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Speaker 4: Okay, okay, So you're still in the car and they're

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Speaker 4: talking about the Yeah, Anastasia and I need more conversation

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Speaker 4: about that.

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Speaker 5: But Justin was saying that they were talking about, you know,

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Speaker 5: who was actually going to do it, and Justin said

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Speaker 5: he didn't think that he could actually do it, so

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Speaker 5: he asked. Justin was all, it was just weird, you know,

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Speaker 5: he was going to do over there he wasn't and

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Speaker 5: he asked Byron if he would do it. And also

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Speaker 5: cause I don't think Jodin had ever saw a shot

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Speaker 5: gun or anything before. So they decided that, uh, Byron

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Speaker 5: was gonna do it. And then I just thought, you know,

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Speaker 5: that was ridiculous, cause what Byron even had to do

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Speaker 5: with it. You know, he knew in the stage that

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Speaker 5: he went to high school with her and everything, but it.

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Speaker 3: Just seemed, you know, okay, did they talk about how

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Speaker 3: they were gonna do?

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Speaker 5: They just they said that they had the gun in

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Speaker 5: the trunk. I mean he was gonna pop the true shooter,

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Speaker 5: but they didn't.

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Speaker 3: Who did you hear say that?

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Speaker 5: Byron said it? I said, well, how the hell are

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Speaker 5: you even gonna do this? I was like, it's froad daylight.

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Speaker 5: He's like, well, I don't think it would take very

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Speaker 5: long and it's in the trunk. And I was like,

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Speaker 5: you know, you don't even how do you even know

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Speaker 5: how to shoot a gun or anything? And he's like, well,

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Speaker 5: I used to go like hunting with my dad or

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Speaker 5: something like that. So I'm not sure like how that happened.

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Speaker 5: We ended, We drove out to go get her, picked

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Speaker 5: her up. You know, she got in the car.

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Speaker 3: You drove out to where to the dairy Queen.

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Speaker 5: I don't know which road it was on, but the

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Speaker 5: one across the street from Mount Washington.

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Speaker 3: Do you uh remember about what time?

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Speaker 5: Yes?

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Speaker 3: Nay, hum, not really, I don't know. Okay, when you

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Speaker 3: arrived at the dry queen? What did you guys do

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Speaker 3: She just got in the car. Do you remember what

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Speaker 3: she was wearing?

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Speaker 5: No? Anymore, I know I'm sure probably just seems in

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Speaker 5: like a T shirt or sweat shit, that's usually what

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Speaker 5: she wore. I don't say.

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Speaker 4: So, you guys are parked out the Dry Queen parking

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Speaker 4: lot and uh, Anastasia gets in the car.

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Speaker 3: Where was everybody's dating?

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Speaker 2: Kelly says. Justin was in the driver's seat. Anna Stesia

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Speaker 2: was in the front passenger seat. Kelly was sitting behind Anastasia,

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Speaker 2: and Byron was sitting behind Justin conversation.

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Speaker 3: Uh what was said?

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Speaker 5: Just you know, she gets in the car, small talk

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Speaker 5: all this stuff, and she was abating. She was like, Justin,

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Speaker 5: you're late, You're always late on the We were just

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Speaker 5: kind of uh. Then Justin said that he need to

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Speaker 5: talk and everything would drive across the street to Mount

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Speaker 5: Washington Cemetery cause I think they they used to go

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Speaker 5: out there. I'd only been out there with him like

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Speaker 5: once or twice. Then Anna Stezia was kind of up

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Speaker 5: because he's like, I need to talk to you, and

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Speaker 5: she's like, well, then why'd you bring them? You know,

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Speaker 5: She's like sh She was kind of like embarrassed that

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Speaker 5: he wanted to talk about their relationship in front. I

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Speaker 5: guess of uh, me and Byron. So we're driving around.

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Speaker 5: She's kind of driving aimlessly. It was like they had

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Speaker 5: they had no spot, they knew where they were gonna

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Speaker 5: do this or anything. Now this is not watching. Yes,

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Speaker 5: we're start watching the cemetery. So we're driving around. They're

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Speaker 5: kind of bickering and stuff the whole way. Me and

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Speaker 5: Byron are standing in the back of the car drinking,

239
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Speaker 5: and I don't know how long we drove around in there,

240
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Speaker 5: and so finally I got we exited the cemetery. But

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Speaker 5: uh huh.

242
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Speaker 4: Before you exited the cemetery, did you come into contact

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Speaker 4: with anybody?

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Speaker 5: I think we saw the grounds keep a guy like

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Speaker 5: in his car or something. I don't remember really.

246
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Speaker 3: Any anybody get out of the car.

247
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Speaker 5: I don't think so.

248
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Speaker 3: Even briefly.

249
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Speaker 5: I th actually I think maybe Jocelyn and a stage

250
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Speaker 5: I got up for a little bit. You remember where

251
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Speaker 5: it was that It was at a mausoleum of some

252
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Speaker 5: sort something. I think they got I think I can't remember. Well,

253
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Speaker 5: I mean it was just briefly got out of the car,

254
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Speaker 5: just kind of walked around a little bit, but didn't

255
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Speaker 5: It was like out of the car, kind of got out,

256
00:12:15,360 --> 00:12:16,560
Speaker 5: looked around while I kind of.

257
00:12:16,520 --> 00:12:17,800
Speaker 3: A little bit got back, so they were out of

258
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Speaker 3: the car for a few minutes.

259
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Speaker 5: Yeah.

260
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Speaker 4: Human, And did you and uh Byron have any conversation

261
00:12:22,559 --> 00:12:23,240
Speaker 4: while they were out.

262
00:12:23,120 --> 00:12:25,480
Speaker 5: Of the car. No, not really. Well, I was just like,

263
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Speaker 5: you know, this is ridiculous, blah blah blah. You know,

264
00:12:27,760 --> 00:12:29,480
Speaker 5: you guys aren't really gonna do this. I ask if

265
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Speaker 5: they had like planned it for a while. He said

266
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Speaker 5: that they'd been like talking about it, and I was

267
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Speaker 5: just like, well, I was like, hopefully, you know, they'll

268
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Speaker 5: just break up and it'll be over. So but I

269
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Speaker 5: can't really remember like exact conversation about it.

270
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Speaker 4: Well, prior to that particular day, did you know anything

271
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Speaker 4: about them talking.

272
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Speaker 3: About doing thathing?

273
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Speaker 5: No? They always kind of had rich schemes and stuff

274
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Speaker 5: like that. That's why it seemed so ridiculous, cause it was

275
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Speaker 5: just like it came out of nowhere, mkay for this, cause,

276
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Speaker 5: like I said, probably just a week or two prior

277
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Speaker 5: to that, Justin's little thing, and then that they.

278
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Speaker 4: Were in Rock's parent Okay, So, uh, they did get

279
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Speaker 4: back in the car and you exited, they.

280
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Speaker 3: Yeah, Mount Washington Cemetery. Where'd you go from there?

281
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Speaker 5: They were just driving around kind of looking for a

282
00:13:13,040 --> 00:13:15,199
Speaker 5: park or some of a place where they could talk

283
00:13:16,120 --> 00:13:17,839
Speaker 5: or whatever. But I mean it was still light out,

284
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Speaker 5: I basically and everything, and somehow they ended up in

285
00:13:22,520 --> 00:13:24,520
Speaker 5: the little cemetery where she was shot. I don't really

286
00:13:24,600 --> 00:13:28,040
Speaker 5: quite remember where it was and everything. I guess it

287
00:13:28,080 --> 00:13:29,680
Speaker 5: was kind of like Justin and Baron kind of looked

288
00:13:29,679 --> 00:13:31,360
Speaker 5: at each other when they pulled them there. I guess

289
00:13:31,840 --> 00:13:33,360
Speaker 5: it was like but it was still ripe pace.

290
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Speaker 4: Did they go anywhere else before you got to bat location?

291
00:13:38,000 --> 00:13:38,720
Speaker 5: I don't think so.

292
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Speaker 3: Mkay, you don't think so.

293
00:13:40,679 --> 00:13:42,720
Speaker 5: I don't. Uh, I don't really recall. I mean, I

294
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Speaker 5: think they were just kind of driving to a park.

295
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Speaker 3: Didn't go to anybody's house.

296
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Speaker 4: No, So they were just a constant just driving or yeah,

297
00:13:51,200 --> 00:13:53,000
Speaker 4: looking until you get to this point.

298
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Speaker 3: Yeah, what's Lincoln? The cemetery was where.

299
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Speaker 5: She was sho Okay, yeah, then we got there.

300
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Speaker 4: Okay, do you remember which uh you'd you pulled into

301
00:14:01,600 --> 00:14:05,440
Speaker 4: her from to get into the mm cemetery and you

302
00:14:05,559 --> 00:14:07,440
Speaker 4: know the streets that bordered Lincoln Cemetery?

303
00:14:07,600 --> 00:14:09,480
Speaker 5: Mm mm no, I don't. I think it was a

304
00:14:09,640 --> 00:14:11,719
Speaker 5: it was a back entrance to it.

305
00:14:11,840 --> 00:14:13,760
Speaker 3: Sumhow could you describe that too?

306
00:14:14,320 --> 00:14:15,360
Speaker 5: No, not really.

307
00:14:15,520 --> 00:14:17,439
Speaker 3: I mean it was it uh on a hill? Was

308
00:14:17,480 --> 00:14:18,240
Speaker 3: it straight away?

309
00:14:18,360 --> 00:14:21,240
Speaker 5: I just curved with uh you know, No, I think

310
00:14:21,280 --> 00:14:22,640
Speaker 5: it was cause I we didn't.

311
00:14:23,040 --> 00:14:23,680
Speaker 3: I don't think.

312
00:14:24,240 --> 00:14:26,600
Speaker 5: I don't think we got to it from main Street.

313
00:14:27,160 --> 00:14:30,480
Speaker 5: I think it was like through some gravel thing or something.

314
00:14:30,760 --> 00:14:33,320
Speaker 5: By last year, i'd probably have to see place first

315
00:14:33,320 --> 00:14:35,720
Speaker 5: to see which lake, cause I haven't. I mean I

316
00:14:35,760 --> 00:14:37,480
Speaker 5: went back there once because I knew there was a

317
00:14:37,520 --> 00:14:39,880
Speaker 5: little bit more. I don't think for her there, but that's.

318
00:14:39,720 --> 00:14:43,360
Speaker 4: It, okay, send Uh So you eventually stopped then at

319
00:14:43,360 --> 00:14:45,600
Speaker 4: a n location in Lincoln, seb.

320
00:14:45,560 --> 00:14:47,480
Speaker 3: Yeah, what happened.

321
00:14:48,080 --> 00:14:49,400
Speaker 5: Justin and I stays I got out of the cart

322
00:14:49,400 --> 00:14:52,640
Speaker 5: of talk, you know, like once again they got out

323
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Speaker 5: and they were kind of over on like the driver's side,

324
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Speaker 5: seeing they're talking, just like yelling at each other. Yeah,

325
00:14:57,600 --> 00:14:59,200
Speaker 5: so me and bron are kind of still sitting in

326
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Speaker 5: the back like during well at least I was. I

327
00:15:01,800 --> 00:15:03,760
Speaker 5: was just sick the drinking, kind of just like listening

328
00:15:03,760 --> 00:15:05,600
Speaker 5: to him and yell at each other and everything like that.

329
00:15:06,080 --> 00:15:07,480
Speaker 3: Was it still light or dark?

330
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Speaker 5: I think it was starting to get dark. I don't think.

331
00:15:12,400 --> 00:15:14,280
Speaker 5: I mean, it wasn't like pitch flack. But I know

332
00:15:14,360 --> 00:15:17,600
Speaker 5: it wasn't cr It wasn't like complete daylight, cause I

333
00:15:17,600 --> 00:15:20,640
Speaker 5: remember I think I remember seeing headline and stuff with

334
00:15:20,760 --> 00:15:23,640
Speaker 5: cars like passing on the street or by there. So

335
00:15:24,600 --> 00:15:28,840
Speaker 5: they're out of the car talking fighting or whatever, and.

336
00:15:28,920 --> 00:15:31,120
Speaker 3: Uh, could you hear anything being said.

337
00:15:31,360 --> 00:15:35,200
Speaker 5: Yeah, it was just basically her telling him to bug off,

338
00:15:35,280 --> 00:15:38,000
Speaker 5: just like an argument earlier in the car. She'd taken

339
00:15:38,040 --> 00:15:39,440
Speaker 5: off this ring he gave her and threw it at

340
00:15:39,520 --> 00:15:41,920
Speaker 5: him and all this stuff, and he was just telling

341
00:15:41,960 --> 00:15:45,000
Speaker 5: her to like calm down, and she was just you know,

342
00:15:45,120 --> 00:15:47,120
Speaker 5: telling him. She's like, I can't believe you're not emotional

343
00:15:47,160 --> 00:15:48,680
Speaker 5: about those just that kind of stuff.

344
00:15:48,760 --> 00:15:50,800
Speaker 3: Do you know what happened to that ring? Mmm?

345
00:15:51,840 --> 00:15:56,680
Speaker 5: Great. So we're just sitting back there and Byron tells

346
00:15:56,760 --> 00:15:59,080
Speaker 5: me to stay in the car, and he got out

347
00:15:59,080 --> 00:16:01,400
Speaker 5: of the car. He pushed justin c for it or

348
00:16:01,720 --> 00:16:05,600
Speaker 5: got out, and so he gets out of the car.

349
00:16:05,800 --> 00:16:08,280
Speaker 5: That's all happened in a matter probably I don't know,

350
00:16:08,360 --> 00:16:11,120
Speaker 5: like thirty seconds. It was really quickly. He got out

351
00:16:11,160 --> 00:16:13,520
Speaker 5: of the car and I saw him go around to

352
00:16:13,560 --> 00:16:16,680
Speaker 5: the back of the trunk and I could hear Justin

353
00:16:16,840 --> 00:16:21,240
Speaker 5: yelling at him in German saying what saying like never mind,

354
00:16:21,280 --> 00:16:22,760
Speaker 5: never mind?

355
00:16:23,160 --> 00:16:26,160
Speaker 3: Okay, uh stop say that in German.

356
00:16:26,840 --> 00:16:28,240
Speaker 5: No. But I mean at the time I was in

357
00:16:28,840 --> 00:16:31,760
Speaker 5: that's what cause. Okay, but you'll figure out how I

358
00:16:31,840 --> 00:16:32,800
Speaker 5: knew that what he was saying.

359
00:16:32,800 --> 00:16:34,080
Speaker 3: I that's what I'm to figure out.

360
00:16:34,120 --> 00:16:37,080
Speaker 5: Yeah, when he got back in the car after well,

361
00:16:37,160 --> 00:16:40,120
Speaker 5: okay here, so he's saying like stop, he's saying that

362
00:16:40,160 --> 00:16:42,720
Speaker 5: in English and he's saying never mind like in German.

363
00:16:43,240 --> 00:16:46,120
Speaker 5: But Byron, I guess was fokes on what he was

364
00:16:46,160 --> 00:16:49,880
Speaker 5: doing or whatever. When he had gotten out of the car,

365
00:16:50,000 --> 00:16:53,560
Speaker 5: the keys were in the ignission, so he'd like grab

366
00:16:53,640 --> 00:16:55,280
Speaker 5: the keys. I could hear'em, you know, like open the

367
00:16:55,320 --> 00:17:07,800
Speaker 5: trunk and got out the gun and shot her.

368
00:17:12,600 --> 00:17:15,840
Speaker 2: Kelly Moffatt just told Sergeant Kilgore. On the night of

369
00:17:15,880 --> 00:17:19,840
Speaker 2: October twenty second, nineteen ninety seven, she witnessed her then

370
00:17:19,920 --> 00:17:24,720
Speaker 2: boyfriend Byron Case shoot her friend Anastasia Whitfelsfugen close to

371
00:17:24,720 --> 00:17:25,080
Speaker 2: the car.

372
00:17:25,200 --> 00:17:27,479
Speaker 5: I like saw hoping that happened, and the whole time

373
00:17:27,640 --> 00:17:31,680
Speaker 5: Justin was yelling at her exactly. I saw him get

374
00:17:31,720 --> 00:17:35,520
Speaker 5: the gun out, just go do a little I don't

375
00:17:35,520 --> 00:17:36,680
Speaker 5: know what he did, just the whole.

376
00:17:36,960 --> 00:17:39,720
Speaker 3: Tell me what you think he did. What did you hear?

377
00:17:40,720 --> 00:17:42,199
Speaker 5: Well, I don't think I don't think I heard that

378
00:17:42,280 --> 00:17:46,400
Speaker 5: little because they were still talking so much. I don't

379
00:17:46,440 --> 00:17:49,240
Speaker 5: think he did the little the little teaching thing. But

380
00:17:49,280 --> 00:17:51,159
Speaker 5: I don't I don't think he did that. I just

381
00:17:51,160 --> 00:17:52,239
Speaker 5: thowting with it.

382
00:17:52,320 --> 00:17:55,840
Speaker 3: Were you describing to me as like a pump shotgun?

383
00:17:56,359 --> 00:17:57,800
Speaker 5: No, I'm not sure if he did that. I saw

384
00:17:57,840 --> 00:18:00,520
Speaker 5: him kind of filling with it for a couple seconds,

385
00:18:01,359 --> 00:18:03,560
Speaker 5: but it he just like grabbed it out and walked

386
00:18:03,600 --> 00:18:05,399
Speaker 5: down the side of the car. I think it was

387
00:18:05,440 --> 00:18:07,960
Speaker 5: double barreled though, cause it looked like an old gun.

388
00:18:08,200 --> 00:18:11,040
Speaker 3: Which side of the car we him or me?

389
00:18:12,119 --> 00:18:12,399
Speaker 5: Where?

390
00:18:12,560 --> 00:18:13,560
Speaker 3: Uh?

391
00:18:13,960 --> 00:18:16,480
Speaker 4: Just then then Anastas or they were on the h

392
00:18:16,560 --> 00:18:18,840
Speaker 4: driver's side of the driver's side, say like.

393
00:18:18,840 --> 00:18:20,159
Speaker 5: Here's the back of the car. All he had to

394
00:18:20,160 --> 00:18:22,440
Speaker 5: do he got out, got it and then went cause

395
00:18:22,440 --> 00:18:25,440
Speaker 5: they were still pretty close to the car. Okay, And

396
00:18:25,560 --> 00:18:27,159
Speaker 5: it just all happened in a matter of seconds. He

397
00:18:27,240 --> 00:18:28,400
Speaker 5: just lifted it up and shot.

398
00:18:28,160 --> 00:18:31,359
Speaker 3: Her, just lifted it up and shot. Where'd you shoot

399
00:18:31,359 --> 00:18:31,639
Speaker 3: her at?

400
00:18:32,880 --> 00:18:34,080
Speaker 5: Just in the head?

401
00:18:35,840 --> 00:18:36,080
Speaker 3: Kay?

402
00:18:36,680 --> 00:18:38,080
Speaker 5: Did you see pretty close to the car.

403
00:18:38,280 --> 00:18:39,320
Speaker 3: Did you see her fall down?

404
00:18:39,400 --> 00:18:43,600
Speaker 5: Yeah, how did she fall? It fell back? Well, it

405
00:18:43,640 --> 00:18:46,720
Speaker 5: was like kind of like an explosion, you know, it

406
00:18:46,920 --> 00:18:53,399
Speaker 5: just I mean, it just knocked her backwards, the whole thing, Okay,

407
00:18:54,800 --> 00:18:58,800
Speaker 5: and really quickly by and just like threw that thing

408
00:18:58,840 --> 00:19:02,600
Speaker 5: in the the gun in the trunk again, you know,

409
00:19:02,680 --> 00:19:05,440
Speaker 5: like opened it up through it in there was like.

410
00:19:05,520 --> 00:19:07,399
Speaker 3: Did you see her fall to the ground?

411
00:19:07,840 --> 00:19:08,040
Speaker 5: Yes?

412
00:19:08,880 --> 00:19:10,639
Speaker 3: And what position did she fall in?

413
00:19:12,000 --> 00:19:13,639
Speaker 5: I don't know, cause I remember I looked at that

414
00:19:13,680 --> 00:19:16,159
Speaker 5: and then just kind of, you know, obviously sawed. I

415
00:19:16,240 --> 00:19:18,359
Speaker 5: like screamed and kind of looked away, and then I

416
00:19:18,400 --> 00:19:20,080
Speaker 5: looked back and I couldn't really she was just I

417
00:19:20,080 --> 00:19:23,280
Speaker 5: think she was on her back just like that. I'm

418
00:19:23,320 --> 00:19:26,240
Speaker 5: pretty sure it locked her backwards cause I just remember

419
00:19:26,320 --> 00:19:27,760
Speaker 5: kind of seeing her body on the ground like that.

420
00:19:28,600 --> 00:19:32,360
Speaker 3: Kay, And uh then what happened then?

421
00:19:33,640 --> 00:19:36,440
Speaker 5: Justin like freaked out. He was like, oh my god,

422
00:19:36,480 --> 00:19:39,679
Speaker 5: Oh my god. And they got in the car, you know,

423
00:19:39,760 --> 00:19:41,720
Speaker 5: Barne's like getting in the car, getting the cars ruled.

424
00:19:41,720 --> 00:19:43,600
Speaker 5: Like I said, we're right by a street and everything.

425
00:19:45,200 --> 00:19:45,840
Speaker 5: We jump in.

426
00:19:46,920 --> 00:19:48,240
Speaker 3: Can you say we jump No?

427
00:19:48,359 --> 00:19:50,399
Speaker 5: I was in the car. No I didn't. I'm' just

428
00:19:50,400 --> 00:19:52,640
Speaker 5: say they did it up time, Okay, So they get

429
00:19:52,680 --> 00:19:55,919
Speaker 5: into the car and and then I said it all

430
00:19:55,960 --> 00:19:57,240
Speaker 5: happened in like a matter of seconds.

431
00:19:57,320 --> 00:20:01,760
Speaker 3: What uh who was driving? Justin was trying okay, and

432
00:20:01,920 --> 00:20:04,000
Speaker 3: where did Byron? Where did he sit.

433
00:20:04,280 --> 00:20:09,199
Speaker 5: In the front passenger's seat? Okay, So they get in

434
00:20:09,200 --> 00:20:12,080
Speaker 5: the car and Justin drives off, and Justin's like, that's

435
00:20:12,080 --> 00:20:13,440
Speaker 5: how I knew what he said in German. He was

436
00:20:13,520 --> 00:20:15,440
Speaker 5: kind of freaking out. He was like, oh my god,

437
00:20:15,480 --> 00:20:17,320
Speaker 5: oh my god, he goes. Didn't you hear me telling

438
00:20:17,359 --> 00:20:20,280
Speaker 5: you to never mind? To stop and everything like that?

439
00:20:21,560 --> 00:20:24,600
Speaker 5: As Byron said, He's like no, He's like, I was

440
00:20:24,640 --> 00:20:26,520
Speaker 5: concentrated on that. He goes, and once you know, I

441
00:20:26,520 --> 00:20:27,840
Speaker 5: got out of the car, He's like, what else was

442
00:20:27,840 --> 00:20:30,520
Speaker 5: I supposed to do? Cause you'd already you know, got

443
00:20:30,560 --> 00:20:32,119
Speaker 5: a gun out or whatever. He's like, what was I

444
00:20:32,200 --> 00:20:36,400
Speaker 5: supposed to do? And Justin was just like flipped out

445
00:20:37,880 --> 00:20:42,159
Speaker 5: the whole time, like he was driving. Eventually he went

446
00:20:42,200 --> 00:20:44,240
Speaker 5: to some I don't know if it was pre planned

447
00:20:44,280 --> 00:20:46,000
Speaker 5: or not. It didn't really seem like it. He just

448
00:20:46,040 --> 00:20:50,880
Speaker 5: drove up to some railroad tracks and uh, Byrone got

449
00:20:50,920 --> 00:20:51,280
Speaker 5: out and.

450
00:20:51,359 --> 00:20:52,040
Speaker 7: Threw the gun.

451
00:20:52,520 --> 00:20:54,119
Speaker 3: How far away from the cemetery?

452
00:20:54,800 --> 00:20:56,760
Speaker 5: I don't know. I don't think it was very far.

453
00:20:56,960 --> 00:20:57,919
Speaker 3: Do you remember what street?

454
00:20:58,680 --> 00:20:59,280
Speaker 2: Hm?

455
00:20:59,600 --> 00:21:02,399
Speaker 5: If I I would probably remember that on remember what street?

456
00:21:04,600 --> 00:21:06,640
Speaker 5: So when they did that, when he threw the gun

457
00:21:06,680 --> 00:21:10,440
Speaker 5: out and everything, Justin was like so shaken up and

458
00:21:10,480 --> 00:21:15,480
Speaker 5: everything that Byron drove and he drove back to Justin's condo,

459
00:21:16,280 --> 00:21:19,520
Speaker 5: and I remember just because Byron seemed to really calm

460
00:21:19,520 --> 00:21:21,680
Speaker 5: about I remember Justin saying, he goes, I don't understand

461
00:21:21,680 --> 00:21:23,359
Speaker 5: how you seem so calm about this. It's like you

462
00:21:23,400 --> 00:21:26,160
Speaker 5: had like two brains to like put it in, because

463
00:21:26,160 --> 00:21:27,800
Speaker 5: he was just we were just in like this, and

464
00:21:28,400 --> 00:21:31,040
Speaker 5: Byron kind of seems normal, you know, he could drive

465
00:21:31,080 --> 00:21:35,879
Speaker 5: and everything. So got back to Justin's condo.

466
00:21:37,960 --> 00:21:41,480
Speaker 2: Kelly says, at Justin's condo they came up with the story.

467
00:21:41,520 --> 00:21:45,159
Speaker 2: They will eventually tell everybody that Anastasia got out of

468
00:21:45,200 --> 00:21:48,240
Speaker 2: the car at Truman Road and the I four thirty five.

469
00:21:50,520 --> 00:21:53,400
Speaker 2: Kelly says that Byron was the one leading the narrative

470
00:21:53,480 --> 00:21:55,600
Speaker 2: because Justin was almost incoherent.

471
00:21:56,160 --> 00:21:57,320
Speaker 1: He was so shaken up.

472
00:21:57,400 --> 00:22:00,480
Speaker 5: For a little bit and everything, and you know, like

473
00:22:00,520 --> 00:22:02,959
Speaker 5: you are you He kept repeating the thing over and

474
00:22:03,000 --> 00:22:05,560
Speaker 5: over again because they knew that people were obviously going

475
00:22:05,600 --> 00:22:10,520
Speaker 5: to be questioned, and so finally it was getting pretty late,

476
00:22:10,960 --> 00:22:12,560
Speaker 5: and you know, they didn't want it to seem like

477
00:22:12,720 --> 00:22:14,800
Speaker 5: anything weird it happen. I had to be home between

478
00:22:14,840 --> 00:22:19,119
Speaker 5: like ninety nine thirty, so drove back to my house

479
00:22:20,840 --> 00:22:27,240
Speaker 5: and went inside, and Justin asked to use the phone

480
00:22:27,320 --> 00:22:29,040
Speaker 5: because Barne was like, well, what are we going to say?

481
00:22:29,080 --> 00:22:30,960
Speaker 5: You know happened to her and all that, you know,

482
00:22:31,000 --> 00:22:34,840
Speaker 5: how we're gonna he had to contact somebody. So they

483
00:22:34,880 --> 00:22:38,680
Speaker 5: came in and Justin used my phone and called her house.

484
00:22:38,680 --> 00:22:40,840
Speaker 5: I don't know who he talked to though, and told

485
00:22:41,200 --> 00:22:44,119
Speaker 5: her sister the story that they've made up that she

486
00:22:44,200 --> 00:22:48,200
Speaker 5: got out of the car and everything, and Byron made

487
00:22:48,200 --> 00:22:50,560
Speaker 5: it a point to in front of my mom say yeah,

488
00:22:50,720 --> 00:22:52,800
Speaker 5: you know, Anna Stasia jumped out of the car and everything.

489
00:22:52,800 --> 00:22:54,320
Speaker 5: I guess made it more like believable.

490
00:22:54,760 --> 00:22:57,439
Speaker 2: And they left and I didn't Kelly says Byron, and

491
00:22:57,600 --> 00:23:01,520
Speaker 2: Justin left soon after, and late that night she spoke

492
00:23:01,520 --> 00:23:02,639
Speaker 2: with Byron again.

493
00:23:02,960 --> 00:23:05,000
Speaker 5: And I don't know, Byron just didn't seem very pricked

494
00:23:05,040 --> 00:23:07,119
Speaker 5: out about the whole thing. It was like he didn't

495
00:23:07,160 --> 00:23:09,320
Speaker 5: really I don't think he really understood how great doubt.

496
00:23:09,359 --> 00:23:12,159
Speaker 4: You know, Justin was when you were talking to the

497
00:23:12,160 --> 00:23:16,119
Speaker 4: Byron later that night, did you.

498
00:23:19,080 --> 00:23:20,680
Speaker 3: Ask him anything like how could you?

499
00:23:20,840 --> 00:23:24,480
Speaker 5: Yeah, exact yeah. I was like, well how did you

500
00:23:24,480 --> 00:23:26,399
Speaker 5: you know, how could you do that? Or whatever? And

501
00:23:26,440 --> 00:23:28,440
Speaker 5: I was like, there's really there was like no reason

502
00:23:28,560 --> 00:23:30,760
Speaker 5: for it. And he was like, well, you know, once

503
00:23:30,800 --> 00:23:33,960
Speaker 5: I got the gun out, there was like turning back

504
00:23:34,000 --> 00:23:35,840
Speaker 5: and everything. And I was like, well, why you know

505
00:23:35,880 --> 00:23:38,320
Speaker 5: did it happen in the first place? And he goes, well,

506
00:23:38,440 --> 00:23:40,440
Speaker 5: Justin asked me to do it, and you know, because

507
00:23:40,480 --> 00:23:41,920
Speaker 5: he couldn't do it. He goes, and he shouldn't have

508
00:23:42,000 --> 00:23:43,680
Speaker 5: asked me to do it if like he didn't want

509
00:23:43,680 --> 00:23:47,520
Speaker 5: it to be done basically, and so and that's why

510
00:23:47,520 --> 00:23:49,280
Speaker 5: I said. I go, well, you do realize that this

511
00:23:49,359 --> 00:23:51,520
Speaker 5: makes you like a murderer. And I remember exactly what

512
00:23:51,520 --> 00:23:52,920
Speaker 5: he said. He goes, no, he goes, I think a

513
00:23:53,040 --> 00:23:55,679
Speaker 5: murder of someone who doesn't feel bad about like what

514
00:23:55,760 --> 00:23:58,199
Speaker 5: they did. He's like, well, I feel bad, but it

515
00:23:58,240 --> 00:23:58,960
Speaker 5: already happened.

516
00:24:00,720 --> 00:24:07,840
Speaker 2: So kil Gore turns over the tape. Kelly says the

517
00:24:07,840 --> 00:24:11,720
Speaker 2: next time she spoke with Byron was the following day, Thursday,

518
00:24:12,040 --> 00:24:14,639
Speaker 2: after she got back from her grandmother's house.

519
00:24:14,680 --> 00:24:17,200
Speaker 4: And you came out and talk to me first time.

520
00:24:17,240 --> 00:24:21,000
Speaker 4: I believe that was on the following Friday. Okay, so

521
00:24:21,119 --> 00:24:25,880
Speaker 4: you talked to Byron on Thursday, and did you talk about.

522
00:24:26,840 --> 00:24:31,240
Speaker 5: Just Well, obviously, you know, that was the focus of

523
00:24:31,280 --> 00:24:34,480
Speaker 5: the conversation. I remember him talking about that they couldn't

524
00:24:34,480 --> 00:24:37,720
Speaker 5: find Justin, like he'd called there and he wasn't there,

525
00:24:38,400 --> 00:24:42,760
Speaker 5: everything like that. Just you know, I was like, you know,

526
00:24:42,880 --> 00:24:45,040
Speaker 5: freaked out, what are we gonna do? You know, where

527
00:24:45,119 --> 00:24:47,840
Speaker 5: to Justin and all this? And then I obviously asked him,

528
00:24:47,880 --> 00:24:51,040
Speaker 5: I was like, had you guys been planning this and everything? Friend?

529
00:24:51,080 --> 00:24:54,600
Speaker 5: He said yeah, And I said, well, why did you,

530
00:24:54,600 --> 00:24:56,480
Speaker 5: you know, bring me into this and all this?

531
00:24:56,880 --> 00:24:57,720
Speaker 3: And he's like, well, I.

532
00:24:57,720 --> 00:25:01,560
Speaker 5: Guess we needed somebody to call her, and cause you

533
00:25:01,600 --> 00:25:03,200
Speaker 5: know I didn't, I was like, well, why'd you bring

534
00:25:03,240 --> 00:25:05,080
Speaker 5: I was kind of, you know, like bad, like, why'd

535
00:25:05,119 --> 00:25:06,560
Speaker 5: you bring me into this and everything?

536
00:25:07,520 --> 00:25:09,960
Speaker 4: Did you guys go over, uh the story that you

537
00:25:09,960 --> 00:25:10,879
Speaker 4: were gonna tell the police?

538
00:25:11,160 --> 00:25:15,880
Speaker 5: Yeah? He had. Yeah, he was like talking about that

539
00:25:16,080 --> 00:25:19,480
Speaker 5: like quite a bit. Now.

540
00:25:19,520 --> 00:25:27,240
Speaker 3: You and I went out the few days later and.

541
00:25:25,240 --> 00:25:29,840
Speaker 4: And uh, you know, we discussed the circumstances there and

542
00:25:29,920 --> 00:25:31,199
Speaker 4: the events that it happened.

543
00:25:31,240 --> 00:25:34,040
Speaker 3: Did you and your mother went with me and I.

544
00:25:33,960 --> 00:25:36,679
Speaker 4: Asked you to show me the path and the route

545
00:25:36,680 --> 00:25:42,240
Speaker 4: that you guys would taken. Did you uh seemed pretty

546
00:25:42,480 --> 00:25:46,880
Speaker 4: uh sure of yourself when you were telling me where.

547
00:25:46,720 --> 00:25:50,119
Speaker 3: To go and what you guys did. Did you uh

548
00:25:50,440 --> 00:25:52,040
Speaker 3: go over that with Byron? Also?

549
00:25:52,240 --> 00:25:54,840
Speaker 5: Yeah, Byron when he had said, cause I don't know

550
00:25:54,880 --> 00:25:58,280
Speaker 5: independence at all, when he said that she was, you know,

551
00:25:58,560 --> 00:26:00,199
Speaker 5: where she got out of the car and every thing

552
00:26:00,320 --> 00:26:06,679
Speaker 5: like that, I believe I think it was the next

553
00:26:06,760 --> 00:26:09,840
Speaker 5: day or the day after, you know, when he obviously

554
00:26:09,880 --> 00:26:11,880
Speaker 5: knew that we're gonna have to talk to you guys.

555
00:26:11,960 --> 00:26:14,320
Speaker 5: He took me out there to the spot He's like,

556
00:26:14,359 --> 00:26:15,879
Speaker 5: a miss, is where you know you're gonna say that

557
00:26:15,920 --> 00:26:17,439
Speaker 5: she got out of the car, which was at that

558
00:26:17,480 --> 00:26:18,040
Speaker 5: stop light?

559
00:26:18,520 --> 00:26:20,760
Speaker 3: Okay, it would have been at Truman in four thirty five.

560
00:26:21,480 --> 00:26:24,280
Speaker 4: I believe when you and I talked the first time

561
00:26:24,400 --> 00:26:27,240
Speaker 4: on Friday, you drove me, drew me out of a little

562
00:26:27,280 --> 00:26:31,560
Speaker 4: mass You recall doing that, yeah, and so then move

563
00:26:31,600 --> 00:26:32,920
Speaker 4: Byron drove you around.

564
00:26:33,119 --> 00:26:35,399
Speaker 5: She drove me out there saying, you know, this is

565
00:26:35,440 --> 00:26:37,760
Speaker 5: where we're gonna say she got out because I was

566
00:26:37,840 --> 00:26:40,960
Speaker 5: that was He was like worried about that because I

567
00:26:40,960 --> 00:26:43,440
Speaker 5: didn't know, you know, where we were, where we'd gone.

568
00:26:43,800 --> 00:26:46,240
Speaker 5: Whose car were you when he drove out there?

569
00:26:47,080 --> 00:26:49,199
Speaker 3: I believe you know what kind of car it was.

570
00:26:49,720 --> 00:26:52,840
Speaker 2: Tilgore circles back to the shooting and asks Kelly to

571
00:26:52,880 --> 00:26:57,320
Speaker 2: show him, specifically the position of Justin's car at Lincoln Cemetery.

572
00:26:57,880 --> 00:27:00,280
Speaker 2: Although it's not set out loud, it sounds like Kelly

573
00:27:00,320 --> 00:27:01,440
Speaker 2: is drawing a map for him.

574
00:27:01,960 --> 00:27:04,560
Speaker 5: See, they wasn't that far from the road. Probably the

575
00:27:04,640 --> 00:27:07,240
Speaker 5: road was like here, do want me to show where?

576
00:27:07,240 --> 00:27:07,800
Speaker 5: Like the people are?

577
00:27:07,960 --> 00:27:08,120
Speaker 3: Sure?

578
00:27:08,280 --> 00:27:13,000
Speaker 5: Okay, okay, so that's I'm like the back passenger seat

579
00:27:13,040 --> 00:27:17,800
Speaker 5: at first, bron was obviously sitting there. Justin and Anastagia

580
00:27:17,840 --> 00:27:23,480
Speaker 5: got out. They weren't very far from the car. Let's

581
00:27:23,480 --> 00:27:27,080
Speaker 5: just stay here. Justin was probably like there and Anna

582
00:27:27,119 --> 00:27:31,679
Speaker 5: Sasa was there. They were talking. So byrone, you know,

583
00:27:31,680 --> 00:27:34,159
Speaker 5: got out of the car, went right around there, and

584
00:27:34,240 --> 00:27:36,920
Speaker 5: he was pretty close to where just got it out

585
00:27:36,960 --> 00:27:38,919
Speaker 5: to like a thick a step forward or so. He

586
00:27:39,040 --> 00:27:41,160
Speaker 5: wasn't like walking around a lot. He just got right out,

587
00:27:41,200 --> 00:27:45,320
Speaker 5: went back to the trunk and hop gun.

588
00:27:45,800 --> 00:27:47,600
Speaker 3: How close was he when he shot her.

589
00:27:47,920 --> 00:27:51,119
Speaker 5: To her or to the car to her? Pretty close?

590
00:27:51,400 --> 00:27:55,600
Speaker 5: And probably say, I don't hear to that wall. He

591
00:27:55,640 --> 00:27:58,600
Speaker 5: wasn't very far at all. He's close to her.

592
00:27:58,640 --> 00:28:02,880
Speaker 4: There was what you showed maybe was practically five foot Yeah.

593
00:28:02,800 --> 00:28:04,639
Speaker 5: Maybe that are a little bit over. He was closed

594
00:28:04,640 --> 00:28:05,920
Speaker 5: to her, though, really close to her.

595
00:28:06,640 --> 00:28:10,560
Speaker 4: Did you hold the shotgun of with the end of

596
00:28:10,560 --> 00:28:12,760
Speaker 4: it to his shoulder like you would hold it right?

597
00:28:12,920 --> 00:28:15,880
Speaker 5: Role, I I think I know, I don't.

598
00:28:15,960 --> 00:28:17,640
Speaker 3: I just all I saw him.

599
00:28:17,680 --> 00:28:19,520
Speaker 5: Yeah, I was probably up cause I all I saw

600
00:28:19,680 --> 00:28:21,240
Speaker 5: was that it like happened so quickly.

601
00:28:21,520 --> 00:28:28,960
Speaker 3: Okay, it's been almost three years. Why now, Why am

602
00:28:28,960 --> 00:28:29,639
Speaker 3: I saying something?

603
00:28:29,840 --> 00:28:34,640
Speaker 5: Yeah, because well it just first off, I know how

604
00:28:34,840 --> 00:28:37,439
Speaker 5: Knot's like her family is probably going. And also I

605
00:28:37,480 --> 00:28:41,160
Speaker 5: mean it's just it's just like wrong. It's like Justin

606
00:28:41,240 --> 00:28:43,520
Speaker 5: said in station said there was no reason for it.

607
00:28:43,920 --> 00:28:45,760
Speaker 5: You know, Byron's still out there and it seems like

608
00:28:45,800 --> 00:28:48,640
Speaker 5: he's not having any problems because of this, whereas you know,

609
00:28:48,680 --> 00:28:50,800
Speaker 5: obviously my life's been really messed up, I mean, rehab,

610
00:28:50,840 --> 00:28:56,040
Speaker 5: my life's been like completely just you know, messed up,

611
00:28:56,120 --> 00:28:59,200
Speaker 5: like because of this, and it's just you know, it's

612
00:28:59,240 --> 00:29:01,880
Speaker 5: just not right. It doesn't And like I said, it

613
00:29:01,960 --> 00:29:05,160
Speaker 5: seems like it's two people are dead for no reason,

614
00:29:05,200 --> 00:29:06,880
Speaker 5: and he's just like out there.

615
00:29:07,640 --> 00:29:07,800
Speaker 6: You know.

616
00:29:09,440 --> 00:29:12,560
Speaker 2: Kilgore asks if Kelly's shared the story with anyone else.

617
00:29:13,240 --> 00:29:15,800
Speaker 2: She says about a year ago, she told her then

618
00:29:15,880 --> 00:29:20,280
Speaker 2: boyfriend that Byron had shot Anastasia. She asked him not

619
00:29:20,520 --> 00:29:24,560
Speaker 2: to say anything besides her ex boyfriend. Kelly says she

620
00:29:24,600 --> 00:29:28,640
Speaker 2: told her drug rehab counselor Maggie, which led to her

621
00:29:28,680 --> 00:29:29,480
Speaker 2: coming forward.

622
00:29:29,840 --> 00:29:34,480
Speaker 4: Okay, so you told Maggie and who.

623
00:29:34,280 --> 00:29:35,000
Speaker 3: Else have you told?

624
00:29:35,400 --> 00:29:37,800
Speaker 5: Well? Then after, you know, I talked to Maggie my

625
00:29:37,920 --> 00:29:38,800
Speaker 5: parents and everything.

626
00:29:39,640 --> 00:29:41,720
Speaker 3: How long ago did you first tell your parents?

627
00:29:42,360 --> 00:29:47,040
Speaker 5: How long ago? Well? I told him that, you know,

628
00:29:47,080 --> 00:29:48,800
Speaker 5: I knew more than I said and everything, but I

629
00:29:48,840 --> 00:29:52,680
Speaker 5: hadn't ever told him the complete story up until recently

630
00:29:53,800 --> 00:29:54,560
Speaker 5: when I told.

631
00:29:54,320 --> 00:29:57,720
Speaker 4: Maggie, what did you How much did you tell them

632
00:29:58,040 --> 00:29:58,920
Speaker 4: back in the past?

633
00:30:00,120 --> 00:30:00,200
Speaker 2: Not.

634
00:30:00,720 --> 00:30:02,840
Speaker 5: I just told him that, you know, I knew what

635
00:30:02,960 --> 00:30:04,160
Speaker 5: happened and everything like that.

636
00:30:04,560 --> 00:30:07,480
Speaker 3: So you told him that you knew for back? How

637
00:30:08,040 --> 00:30:09,040
Speaker 3: in a state died?

638
00:30:09,760 --> 00:30:10,080
Speaker 2: Okay?

639
00:30:10,120 --> 00:30:12,360
Speaker 3: And did they discuss it with you?

640
00:30:13,080 --> 00:30:14,600
Speaker 5: Well, I mean they were always trying to get me

641
00:30:14,640 --> 00:30:16,360
Speaker 5: to tell like the complete story and stuff. But I

642
00:30:16,360 --> 00:30:21,440
Speaker 5: wouldn't why because well I was just scared to And

643
00:30:21,520 --> 00:30:24,280
Speaker 5: also I didn't I was just scared to say anything.

644
00:30:24,960 --> 00:30:27,400
Speaker 5: And anytime I'd say anything to viron about saying, it'd

645
00:30:27,440 --> 00:30:29,640
Speaker 5: be like, you know, it's over in the past. He's like,

646
00:30:29,680 --> 00:30:31,520
Speaker 5: we don't need to wreck our lives, or as it's

647
00:30:31,520 --> 00:30:33,440
Speaker 5: already you know, He's like, they think, justin did it.

648
00:30:33,440 --> 00:30:36,520
Speaker 5: It's like in the past or whatever. Well when also

649
00:30:36,600 --> 00:30:38,520
Speaker 5: I just didn't wanna, you know, admit to my parents

650
00:30:38,520 --> 00:30:40,560
Speaker 5: that I had like anything to do with anything of it,

651
00:30:40,960 --> 00:30:43,760
Speaker 5: you know, cause it just seems so you know.

652
00:30:44,080 --> 00:30:46,320
Speaker 4: Or were you scared what would happen to you go

653
00:30:46,400 --> 00:30:47,480
Speaker 4: to jail or something?

654
00:30:48,240 --> 00:30:51,040
Speaker 5: Yeah, well, not not so much to that, just that,

655
00:30:51,400 --> 00:30:53,080
Speaker 5: I mean, that's a it's a weird thing to tell

656
00:30:53,080 --> 00:30:55,040
Speaker 5: your own parents that you were like involved in something

657
00:30:55,120 --> 00:30:57,520
Speaker 5: like that, because regardless of if I really didn't think

658
00:30:57,520 --> 00:30:59,280
Speaker 5: it was gonna happen, and I still should have said,

659
00:30:59,280 --> 00:31:01,240
Speaker 5: you know, what are you know tonight? I've gotten a carlin.

660
00:31:13,840 --> 00:31:17,760
Speaker 2: On September twenty one, two thousand and almost three years

661
00:31:17,800 --> 00:31:22,080
Speaker 2: after Anastasia Whipples Fuchen was killed, Kelly Moffatt has come

662
00:31:22,160 --> 00:31:28,360
Speaker 2: forward to say Byron Case murdered her again. Strangely, Kelly

663
00:31:28,400 --> 00:31:32,560
Speaker 2: shows no real emotion while telling this story, the real story,

664
00:31:33,040 --> 00:31:37,520
Speaker 2: the one she's been holding onto for so long. The

665
00:31:37,560 --> 00:31:40,360
Speaker 2: next day, Kelly goes out with Sergeant Kilgore to show

666
00:31:40,440 --> 00:31:44,000
Speaker 2: him where Anastasia was killed and where the gun was dumped.

667
00:31:44,880 --> 00:31:47,800
Speaker 2: They start at the Dairy Queen, then head across the

668
00:31:47,840 --> 00:31:52,880
Speaker 2: street to Mount Washington Cemetery. Steely Dan's Dirty Work is

669
00:31:52,920 --> 00:31:55,400
Speaker 2: playing on the radio for the first few moments of

670
00:31:55,440 --> 00:31:55,840
Speaker 2: their drive.

671
00:31:56,880 --> 00:31:59,840
Speaker 3: If anything works familiar, it's been such a lot of time.

672
00:32:02,720 --> 00:32:06,080
Speaker 2: Eventually they make their way towards Lincoln Cemetery.

673
00:32:06,360 --> 00:32:08,960
Speaker 3: In your medium right here, does any of this look familiar?

674
00:32:10,400 --> 00:32:13,760
Speaker 5: I don't know. Well, I know that where it happened,

675
00:32:13,760 --> 00:32:17,280
Speaker 5: you could see a street. I think you could see

676
00:32:17,280 --> 00:32:21,320
Speaker 5: a street house. I don't know. I didn't get out

677
00:32:21,320 --> 00:32:23,000
Speaker 5: of the car, so I don't know. I just remember

678
00:32:23,040 --> 00:32:26,480
Speaker 5: seeing like I thought you could actually see like where

679
00:32:26,520 --> 00:32:28,400
Speaker 5: people were buried something, cause it's just kind of like

680
00:32:28,400 --> 00:32:31,560
Speaker 5: a park. Yeah. I think they pulled that onto this,

681
00:32:31,800 --> 00:32:34,920
Speaker 5: they think, But I thought there was like houses or something, No,

682
00:32:35,160 --> 00:32:37,560
Speaker 5: cause I remember trying. Okay, Yeah, this is how it

683
00:32:37,680 --> 00:32:38,160
Speaker 5: came out.

684
00:32:38,320 --> 00:32:41,360
Speaker 3: Okay, this is the way you left after uh.

685
00:32:41,160 --> 00:32:43,400
Speaker 5: She was killed? Yeah, I believed so.

686
00:32:44,240 --> 00:32:46,800
Speaker 3: Weren't you in here and found the memorial side afterwards?

687
00:32:47,040 --> 00:32:47,560
Speaker 5: Yeah?

688
00:32:47,720 --> 00:32:48,520
Speaker 6: Do you remember where that.

689
00:32:48,520 --> 00:32:54,240
Speaker 5: Was at all? Assume to me maybe this is where

690
00:32:54,280 --> 00:32:55,880
Speaker 5: they stopped. But I could have sworn they could see

691
00:32:55,880 --> 00:32:58,280
Speaker 5: the street from there, like see.

692
00:32:58,160 --> 00:33:01,440
Speaker 3: Cars nothing, Weland, Stay, his body was found over here

693
00:33:01,480 --> 00:33:01,760
Speaker 3: in this.

694
00:33:01,800 --> 00:33:06,320
Speaker 5: Area, probably cause I think I just worn it was

695
00:33:06,360 --> 00:33:07,920
Speaker 5: close to the street though.

696
00:33:08,280 --> 00:33:11,160
Speaker 4: The way you described it to me yesterday, would have

697
00:33:11,240 --> 00:33:15,120
Speaker 4: had to have stopped the car somewhere in here, mkay,

698
00:33:15,560 --> 00:33:17,760
Speaker 4: based on where her body was found.

699
00:33:18,560 --> 00:33:21,560
Speaker 3: Is there any way you could reconstruct that position my

700
00:33:21,720 --> 00:33:25,800
Speaker 3: vehicle like right here? Well, where do you think it was?

701
00:33:26,000 --> 00:33:27,360
Speaker 3: That's why I'm trying to get you to do it?

702
00:33:27,400 --> 00:33:32,760
Speaker 5: Yeah for me? Yeah, keep going forward.

703
00:33:32,760 --> 00:33:35,200
Speaker 3: You're just not sure that where you actually stopped.

704
00:33:35,400 --> 00:33:36,640
Speaker 5: No, I'm not sure.

705
00:33:37,000 --> 00:33:39,920
Speaker 8: Okay, I think it was at least maybe like here,

706
00:33:40,480 --> 00:33:41,680
Speaker 8: because yeah, I mean I.

707
00:33:41,600 --> 00:33:44,800
Speaker 5: Could at least see cars going past on that road

708
00:33:44,800 --> 00:33:45,120
Speaker 5: because I.

709
00:33:45,120 --> 00:33:48,400
Speaker 8: Remember, yeah, cause I could see headline and stuff over there,

710
00:33:48,400 --> 00:33:50,040
Speaker 8: and I was like, well, god, you know, I mean

711
00:33:50,720 --> 00:33:53,400
Speaker 8: it was right by like a busy street and everything okay.

712
00:33:54,080 --> 00:33:57,080
Speaker 2: Next, Sergeant Kilgore asks Kelly to show him where they

713
00:33:57,080 --> 00:33:57,880
Speaker 2: got rid of the gun.

714
00:33:57,960 --> 00:34:01,640
Speaker 3: Here I was just right after it happened.

715
00:34:03,280 --> 00:34:08,759
Speaker 8: I remember that there was like maybe factories are like

716
00:34:08,800 --> 00:34:11,280
Speaker 8: a rock if there were some type of old something

717
00:34:11,320 --> 00:34:14,279
Speaker 8: with the roroad tracks going by.

718
00:34:14,560 --> 00:34:18,000
Speaker 2: Kelly says Justin and Byron acted like they'd been there before,

719
00:34:18,880 --> 00:34:22,040
Speaker 2: because Kelly told kil Gore in their interview the gun

720
00:34:22,080 --> 00:34:26,000
Speaker 2: had been ditched not far from Lincoln Cemetery. Kill Gore

721
00:34:26,080 --> 00:34:29,640
Speaker 2: drives in and around the area, but nothing seems to

722
00:34:29,719 --> 00:34:33,440
Speaker 2: jog Kelly's memory. She then remembers they got on the

723
00:34:33,520 --> 00:34:36,879
Speaker 2: highway pretty quickly after the shooting. She says they wanted

724
00:34:36,880 --> 00:34:39,080
Speaker 2: to get out of the area as fast as possible.

725
00:34:41,320 --> 00:34:44,440
Speaker 3: Justin or Byron did either one of them give any floating.

726
00:34:48,120 --> 00:34:50,560
Speaker 2: Kelly then says they might have driven to a place

727
00:34:50,600 --> 00:34:53,880
Speaker 2: in Kansas, not too terribly far from her house in

728
00:34:53,960 --> 00:34:56,719
Speaker 2: Lenexa to ditch the gun, so.

729
00:34:57,400 --> 00:34:58,719
Speaker 1: Kill Gore heads that way.

730
00:35:00,239 --> 00:35:03,640
Speaker 2: Roughly forty minutes of driving, they seem to zero in

731
00:35:03,719 --> 00:35:06,680
Speaker 2: on an area that might look familiar to Kelly.

732
00:35:07,360 --> 00:35:12,359
Speaker 4: Practically rode off Douglas Is in the area of the

733
00:35:12,360 --> 00:35:17,840
Speaker 4: Inland Quarries and Kelly believes that it could possibly be

734
00:35:17,920 --> 00:35:19,400
Speaker 4: the road an area that.

735
00:35:20,880 --> 00:35:21,360
Speaker 3: Withdrawn.

736
00:35:23,320 --> 00:35:26,840
Speaker 2: Four days later, Kilgore and two other sergeants search the

737
00:35:26,880 --> 00:35:29,640
Speaker 2: area for the weapon, but are unable to find it,

738
00:35:30,400 --> 00:35:34,040
Speaker 2: probably not surprising since it had been almost three years

739
00:35:34,280 --> 00:35:39,600
Speaker 2: since the killing. About two and a half months later,

740
00:35:39,800 --> 00:35:44,120
Speaker 2: on December fifth, two thousand, a tape recorder is installed

741
00:35:44,120 --> 00:35:47,520
Speaker 2: at Kelly's parents' house in the hopes Kelly can get

742
00:35:47,560 --> 00:35:52,080
Speaker 2: Byron on tape confessing to the crime. Nothing seems to

743
00:35:52,160 --> 00:35:57,719
Speaker 2: happen for about six months. Then on June fifth, two

744
00:35:57,800 --> 00:36:00,160
Speaker 2: thousand and one, around eleven thirty.

745
00:36:00,800 --> 00:36:02,399
Speaker 6: What's Mom's house?

746
00:36:03,560 --> 00:36:03,840
Speaker 5: Hello?

747
00:36:04,239 --> 00:36:04,960
Speaker 6: He is Byner.

748
00:36:05,200 --> 00:36:07,360
Speaker 3: You have to hear Byron. Yeah?

749
00:36:07,560 --> 00:36:08,080
Speaker 5: Is this Kelly?

750
00:36:10,320 --> 00:36:13,640
Speaker 6: Hello? I realize you probably don't wanna talk to me.

751
00:36:13,680 --> 00:36:15,759
Speaker 6: I have to talk to you. I absolutely have to

752
00:36:15,840 --> 00:36:25,239
Speaker 6: fucking talk to you. Okay, hello here listening? Okay, some

753
00:36:25,640 --> 00:36:28,759
Speaker 6: extremely bad shit has gone down.

754
00:36:30,280 --> 00:36:31,120
Speaker 5: Are you listening to me?

755
00:36:31,400 --> 00:36:33,040
Speaker 4: Yeah?

756
00:36:33,080 --> 00:36:36,040
Speaker 6: Okay. I don't know what to do and that's why

757
00:36:36,040 --> 00:36:40,360
Speaker 6: I called you, because you do realize that I have

758
00:36:40,480 --> 00:36:43,480
Speaker 6: been a drug addict for some time. My memory is

759
00:36:43,520 --> 00:36:48,040
Speaker 6: not a dead and they are harassing me about information

760
00:36:48,200 --> 00:36:49,879
Speaker 6: now and I don't know what to do. About it.

761
00:36:51,360 --> 00:36:55,320
Speaker 6: Do you know what I'm talking about? Yeah, okay, you know,

762
00:36:55,480 --> 00:36:59,520
Speaker 6: Caesar's dad has called me. Two or three investigators have

763
00:36:59,600 --> 00:37:04,319
Speaker 6: called me, and I don't know what to do. I

764
00:37:04,360 --> 00:37:08,000
Speaker 6: don't remember the whole story, and I need your information please,

765
00:37:08,239 --> 00:37:11,160
Speaker 6: because they're gonna call me in. They're gonna fucking ask

766
00:37:11,239 --> 00:37:12,800
Speaker 6: me for a light to take your test again. And

767
00:37:12,920 --> 00:37:24,960
Speaker 6: I have no idea. Okay, I know I'm probably the

768
00:37:25,040 --> 00:37:26,840
Speaker 6: last person on the oath that you wanna talk to you,

769
00:37:26,960 --> 00:37:30,160
Speaker 6: but we have to talk about this otherwise. Remember the

770
00:37:30,160 --> 00:37:31,359
Speaker 6: fucked what?

771
00:37:31,520 --> 00:37:32,280
Speaker 5: I don't remember?

772
00:37:32,800 --> 00:37:35,600
Speaker 6: You don't remember what? What?

773
00:37:36,239 --> 00:37:38,640
Speaker 5: Yeah? Things that don't remember?

774
00:37:40,440 --> 00:37:48,359
Speaker 6: Don't you remember? You don't remember what we said at all?

775
00:37:48,719 --> 00:37:48,960
Speaker 5: Like you?

776
00:37:49,400 --> 00:37:56,640
Speaker 2: But but what whatever Byron says next is unintelligible.

777
00:37:57,920 --> 00:38:00,000
Speaker 5: Mm.

778
00:38:00,200 --> 00:38:03,239
Speaker 6: This is like not a game anymore. And I was

779
00:38:03,320 --> 00:38:07,920
Speaker 6: like realized that to It's like a fullest extent and

780
00:38:08,080 --> 00:38:09,040
Speaker 6: it sucks.

781
00:38:09,920 --> 00:38:11,440
Speaker 3: Really Suppose they called again?

782
00:38:12,320 --> 00:38:16,120
Speaker 6: Well, they called again, They've called a bunch again, They've

783
00:38:16,120 --> 00:38:18,320
Speaker 6: called while I was and where all they showed that

784
00:38:18,520 --> 00:38:29,239
Speaker 6: all there? Yeah, I don't understand. I like, seriously, what

785
00:38:29,480 --> 00:38:32,239
Speaker 6: all went on or whatever? And I seriously I hate

786
00:38:32,239 --> 00:38:34,759
Speaker 6: to say this, but I why, seriously, why did you

787
00:38:34,800 --> 00:38:37,000
Speaker 6: have to come? What was the whole fucking big deal?

788
00:38:37,320 --> 00:38:47,560
Speaker 6: Could you explain that to me? Because I don't get it? Seriously,

789
00:38:50,239 --> 00:38:52,640
Speaker 6: Justin said, for no reason, she said, for no reason.

790
00:38:53,160 --> 00:38:57,600
Speaker 6: It's just all fucked up, And for some reason they're

791
00:38:57,640 --> 00:39:02,080
Speaker 6: talking to me because you won't talk Ie fucked And

792
00:39:02,200 --> 00:39:06,040
Speaker 6: it makes me look horrible because everybody already knows that

793
00:39:06,080 --> 00:39:08,319
Speaker 6: I'm a fucking crackhab and I'm a coke habb I'm

794
00:39:08,320 --> 00:39:13,120
Speaker 6: an alcoholic, and I don't remember shit. If I try

795
00:39:13,160 --> 00:39:18,680
Speaker 6: to talk to 'em, nothing's gonna add up. So I mean,

796
00:39:18,719 --> 00:39:21,200
Speaker 6: if you could seriously explain to me as to why

797
00:39:21,239 --> 00:39:23,360
Speaker 6: you actually fought the need to kill her, then that

798
00:39:23,400 --> 00:39:26,120
Speaker 6: would really help me feel better about the whole fucking thing.

799
00:39:34,440 --> 00:39:36,520
Speaker 6: I mean, is there seriously any reason to all this?

800
00:39:40,400 --> 00:39:40,960
Speaker 2: Talk about this?

801
00:39:42,120 --> 00:39:45,920
Speaker 5: Why like something should talk about that? Of course we

802
00:39:46,000 --> 00:39:48,080
Speaker 5: should as up.

803
00:39:48,520 --> 00:39:51,400
Speaker 6: I think I need to talk to you. What do

804
00:39:51,400 --> 00:39:51,719
Speaker 6: you mean?

805
00:39:58,360 --> 00:39:58,560
Speaker 5: Yeah?

806
00:39:58,600 --> 00:40:03,880
Speaker 6: I would love we talk we it because nothing nothing

807
00:40:04,040 --> 00:40:07,279
Speaker 6: has been the same thing said okay, and you may

808
00:40:07,320 --> 00:40:10,960
Speaker 6: have been okay or whatever, but all I did was

809
00:40:11,000 --> 00:40:14,160
Speaker 6: get more drunk or get more fucked up. That's it.

810
00:40:15,360 --> 00:40:15,799
Speaker 5: That's it.

811
00:40:16,880 --> 00:40:19,359
Speaker 6: Okay, I'm not the same person, and you know that

812
00:40:20,800 --> 00:40:23,399
Speaker 6: I have not been the same person for years and

813
00:40:23,440 --> 00:40:30,759
Speaker 6: I hate it. Then something seriously has to give where

814
00:40:30,800 --> 00:40:38,800
Speaker 6: we need to talk or something because for some reason,

815
00:40:38,960 --> 00:40:43,040
Speaker 6: you know, it just seems like you were inaccessible or

816
00:40:43,920 --> 00:40:46,239
Speaker 6: you were too cold or something, and everybody's coming to

817
00:40:46,320 --> 00:40:49,680
Speaker 6: me and I got talked to any serious that I

818
00:40:49,719 --> 00:40:50,120
Speaker 6: can't do.

819
00:40:50,200 --> 00:40:50,920
Speaker 5: Any of those.

820
00:40:53,520 --> 00:40:56,080
Speaker 2: It's really hard to hear Byron in this next section,

821
00:40:56,400 --> 00:41:00,279
Speaker 2: but he tells Kelly that he was granted immunity and says, quote,

822
00:41:00,600 --> 00:41:03,400
Speaker 2: I told my lawyer flat out that I didn't I

823
00:41:03,440 --> 00:41:06,399
Speaker 2: wasn't going to remember things. I told the cops that too.

824
00:41:07,000 --> 00:41:09,759
Speaker 2: I was like, I can't remember things. And so basically

825
00:41:09,840 --> 00:41:12,160
Speaker 2: I would, you know, tell them up front before you

826
00:41:12,239 --> 00:41:14,879
Speaker 2: go in or agree to meet them, just say I'm

827
00:41:14,880 --> 00:41:18,960
Speaker 2: not going to remember things. Kelly then says she really

828
00:41:19,280 --> 00:41:22,360
Speaker 2: needs to talk with Byron. They agree to meet in

829
00:41:22,400 --> 00:41:23,600
Speaker 2: person something.

830
00:41:23,880 --> 00:41:25,680
Speaker 6: Because I don't. Yeah, I don't like this over the

831
00:41:25,719 --> 00:41:32,439
Speaker 6: phone bullshit, but I can't. So I was the one

832
00:41:32,520 --> 00:41:34,440
Speaker 6: that went to brow to picked your house. I was

833
00:41:34,440 --> 00:41:36,560
Speaker 6: wh when all this shit happened to and so I'm

834
00:41:36,560 --> 00:41:38,640
Speaker 6: the one that they're like robbing and for some reason

835
00:41:39,080 --> 00:41:42,600
Speaker 6: that bif shit, fucking like police force out there to

836
00:41:42,640 --> 00:41:45,840
Speaker 6: talk to us somehow, and is just father has my

837
00:41:46,000 --> 00:41:49,480
Speaker 6: number and you know how disturbing he is, and he's

838
00:41:49,600 --> 00:41:52,080
Speaker 6: emailing me. He's calling me. I have no idea what

839
00:41:52,080 --> 00:41:56,759
Speaker 6: to do. I can't remember anything. I know, but I

840
00:41:56,760 --> 00:42:00,799
Speaker 6: don't remember anything. The whole banger his leg. I thought

841
00:42:00,800 --> 00:42:01,960
Speaker 6: it would go in, it's not.

842
00:42:04,120 --> 00:42:07,279
Speaker 2: Byron says he's sick, he has the flu, but he

843
00:42:07,320 --> 00:42:09,759
Speaker 2: will meet Kelly at a local park the next day

844
00:42:09,800 --> 00:42:14,160
Speaker 2: at eleven am.

845
00:42:14,400 --> 00:42:16,279
Speaker 6: The black by phone.

846
00:42:18,320 --> 00:42:38,200
Speaker 2: Really impressed, okay, According to Kilgore's report, He retrieves the

847
00:42:38,239 --> 00:42:41,279
Speaker 2: tape from this June fifth recorded phone call. The next day,

848
00:42:42,000 --> 00:42:44,719
Speaker 2: although Byron and Kelly made a plan to meet for

849
00:42:44,800 --> 00:42:49,640
Speaker 2: her own safety, Assistant Prosecutor Amy McGowan instructs Kelly not

850
00:42:49,800 --> 00:42:55,040
Speaker 2: to go. On June seventh, Kelly calls Byron again. I

851
00:42:55,080 --> 00:42:58,360
Speaker 2: only have the transcript of that call, but basically Byron

852
00:42:58,440 --> 00:43:00,640
Speaker 2: wants to know why Kelly didn't show up at the park.

853
00:43:01,640 --> 00:43:04,560
Speaker 2: They decided me the next day, time and place to

854
00:43:04,560 --> 00:43:07,879
Speaker 2: be figured out the next morning, but it seems that

855
00:43:07,960 --> 00:43:13,320
Speaker 2: never happens. Four days later, on June eleventh, two thousand

856
00:43:13,320 --> 00:43:16,920
Speaker 2: and one, Kansas City Sheriff's deputies and the Kansas City

857
00:43:17,000 --> 00:43:22,960
Speaker 2: Fugitive Apprehension Unit descend on Byron's mom's house. According to

858
00:43:23,040 --> 00:43:27,480
Speaker 2: an arresting officer's report, it says quote entry was made

859
00:43:27,560 --> 00:43:31,040
Speaker 2: to the residence, and I continued to yell police as

860
00:43:31,040 --> 00:43:33,560
Speaker 2: I moved toward the hallway that led to the bathroom

861
00:43:33,600 --> 00:43:36,759
Speaker 2: and bedroom area of the residence. A white male who

862
00:43:36,800 --> 00:43:39,960
Speaker 2: resembled Case started to come out of the north bedroom.

863
00:43:40,680 --> 00:43:44,920
Speaker 2: Upon seeing me, Case retreated into the bedroom, closed the door,

864
00:43:45,000 --> 00:43:47,240
Speaker 2: and was attempting to lock the door when I pushed

865
00:43:47,239 --> 00:43:50,680
Speaker 2: it open. As I entered the room, Case was in

866
00:43:51,040 --> 00:43:54,799
Speaker 2: Case stumbled backwards onto a bed. Case was taken into

867
00:43:54,840 --> 00:43:56,920
Speaker 2: custody without further incident.

868
00:44:09,560 --> 00:44:11,360
Speaker 1: Almost four years.

869
00:44:11,040 --> 00:44:15,240
Speaker 2: After Anastasia Whitpelsfuchen was murdered, twenty two year old Byron

870
00:44:15,320 --> 00:44:19,080
Speaker 2: Case is charged with first degree murder and armed criminal action.

871
00:44:20,080 --> 00:44:23,640
Speaker 2: Bond is set at two hundred thousand dollars, but Assistant

872
00:44:23,680 --> 00:44:27,640
Speaker 2: prosecutor Amy McGowan argues that because the idea of the informant,

873
00:44:28,040 --> 00:44:32,000
Speaker 2: Kelly Moffatt, had been revealed to Byron for her safety,

874
00:44:32,360 --> 00:44:36,200
Speaker 2: bond should be revoked, and it is the bond issue

875
00:44:36,280 --> 00:44:39,960
Speaker 2: actually comes up again. A judge ends up modifying the bond,

876
00:44:40,160 --> 00:44:43,800
Speaker 2: raising it to three hundred thousand dollars, but since Byron

877
00:44:43,840 --> 00:44:47,600
Speaker 2: can't afford to post it, he remains in jail awaiting trial.

878
00:44:49,440 --> 00:44:53,600
Speaker 2: At trial, Byron will be represented by Horton Lance, a

879
00:44:53,719 --> 00:44:57,600
Speaker 2: Jackson County public defender. Trying the case for the state

880
00:44:57,920 --> 00:45:01,879
Speaker 2: will be Jackson County prosecutors to A. Crayon and David Fry,

881
00:45:02,719 --> 00:45:06,160
Speaker 2: and presiding over the trial will be Judge Charles Atwell.

882
00:45:07,280 --> 00:45:11,280
Speaker 2: April nineteenth, two thousand and two, start the pre trial motions.

883
00:45:11,960 --> 00:45:16,359
Speaker 2: Prosecutors want evidence of Byron's goth lifestyle to be allowed in.

884
00:45:17,239 --> 00:45:21,040
Speaker 2: They believe it shows a fascination with morbid death and

885
00:45:21,080 --> 00:45:23,759
Speaker 2: it gives context to what Kelly is going to say

886
00:45:23,760 --> 00:45:26,719
Speaker 2: on the stand. They argue the jury should be able

887
00:45:26,719 --> 00:45:30,279
Speaker 2: to hear about things like Byron's appearance, how he wore

888
00:45:30,320 --> 00:45:33,960
Speaker 2: his face pale with black makeup, his hair dyed black,

889
00:45:34,040 --> 00:45:37,479
Speaker 2: and how he dressed in black clothes, which they say

890
00:45:37,640 --> 00:45:41,400
Speaker 2: was different than Justin's appearance he was somebody out of

891
00:45:41,480 --> 00:45:44,799
Speaker 2: quote the gap ad. They want the jury to hear

892
00:45:44,960 --> 00:45:47,680
Speaker 2: about how Byron and a friend would walk around town

893
00:45:47,800 --> 00:45:51,640
Speaker 2: wearing priest collars and how he had been seen wearing

894
00:45:51,680 --> 00:45:56,839
Speaker 2: a button that said I as raped your Savior. Prosecutors

895
00:45:56,880 --> 00:46:01,760
Speaker 2: want Byron's license plates morbid and atheist to be allowed

896
00:46:01,760 --> 00:46:05,120
Speaker 2: into evidence, as well as his bumper stickers that read

897
00:46:05,440 --> 00:46:09,560
Speaker 2: evil and I Am God, also that he had an

898
00:46:09,560 --> 00:46:14,000
Speaker 2: autopsy photo as his computer screensaver. They want the jury

899
00:46:14,000 --> 00:46:16,120
Speaker 2: to hear that Byron's sign and name to his own

900
00:46:16,200 --> 00:46:20,120
Speaker 2: website was Savior, and that the website included discussions of

901
00:46:20,320 --> 00:46:24,640
Speaker 2: Justin's death, Anastasia's death, the crime itself, and the Jackson

902
00:46:24,680 --> 00:46:30,520
Speaker 2: County Sheriff's investigation. The defense wants Kelly's mental health records

903
00:46:30,560 --> 00:46:33,280
Speaker 2: to be allowed in and they want the June fifth

904
00:46:33,400 --> 00:46:37,160
Speaker 2: and June's seventh recorded phone calls between Byron and Kelly

905
00:46:37,280 --> 00:46:41,640
Speaker 2: to be kept out. When Judge Atwell rules on these motions,

906
00:46:42,160 --> 00:46:45,720
Speaker 2: he says Kelly's medical records will remain sealed. They're out

907
00:46:46,320 --> 00:46:49,759
Speaker 2: the June fifth and June seventh recorded conversations will be

908
00:46:49,800 --> 00:46:50,399
Speaker 2: allowed in.

909
00:46:51,600 --> 00:46:53,920
Speaker 1: Judge Atwell says Kelly's voice is much.

910
00:46:53,800 --> 00:46:57,040
Speaker 2: Clearer than Byron's, but with the aid of the transcript

911
00:46:57,320 --> 00:47:00,400
Speaker 2: he can understand what was said. The transcripts are quote

912
00:47:00,600 --> 00:47:04,880
Speaker 2: exceptionally accurate in regard to the goth lifestyle stuff, Judge

913
00:47:04,880 --> 00:47:07,840
Speaker 2: Atwell is not going to allow in the bumper stickers,

914
00:47:08,080 --> 00:47:12,880
Speaker 2: license plates, autopsy screensaver, the button, the website stuff, or

915
00:47:12,960 --> 00:47:19,360
Speaker 2: descriptions of Byron's appearance. On April twenty ninth, two thousand

916
00:47:19,360 --> 00:47:22,280
Speaker 2: and two, about four and a half years after the murder,

917
00:47:22,560 --> 00:47:28,040
Speaker 2: the trial begins. The prosecution star witness is Kelly Moffatt

918
00:47:28,520 --> 00:47:31,360
Speaker 2: about the night of October twenty second. Kelly tells the

919
00:47:31,400 --> 00:47:34,279
Speaker 2: same story she told Kilgore when she came forward in

920
00:47:34,360 --> 00:47:38,479
Speaker 2: September of two thousand, that after school, Byron and Justin

921
00:47:38,600 --> 00:47:41,400
Speaker 2: picked her up. Justin asked who's the biggest problem in

922
00:47:41,400 --> 00:47:45,600
Speaker 2: his life. He said Anastasia, and wouldn't it be better

923
00:47:45,840 --> 00:47:49,440
Speaker 2: or easier if she were gone? Justin said he couldn't

924
00:47:49,520 --> 00:47:53,560
Speaker 2: kill Anastasia, so he said Byron would. Kelly says they

925
00:47:53,600 --> 00:47:56,200
Speaker 2: stopped at a gas station near her house because Byron

926
00:47:56,239 --> 00:47:59,120
Speaker 2: and Justin wanted her to call Anastasia to tell her

927
00:47:59,120 --> 00:48:02,040
Speaker 2: to meet them at the Dairy Queen. She says she

928
00:48:02,120 --> 00:48:05,280
Speaker 2: didn't have Anastasia's number, so they gave her a number.

929
00:48:05,719 --> 00:48:09,160
Speaker 2: Kelly says, quote, I think maybe Justin dialed it for me.

930
00:48:09,680 --> 00:48:13,400
Speaker 2: I'm not sure, Kelly says. Anastasia answered the phone, and

931
00:48:13,480 --> 00:48:17,560
Speaker 2: the conversation went like this quote, Hi, I'm with Justin

932
00:48:17,600 --> 00:48:22,359
Speaker 2: and Byron. You know we're supposed to meet. She said, well, yeah,

933
00:48:22,440 --> 00:48:26,319
Speaker 2: you're running a bit late. But dairy Queen. Kelly goes

934
00:48:26,360 --> 00:48:29,160
Speaker 2: on to say, quote, I guess the original I don't

935
00:48:29,200 --> 00:48:31,040
Speaker 2: know what the deal was. I guess the original plan

936
00:48:31,120 --> 00:48:33,520
Speaker 2: was to meet at Mount Washington, but it got changed

937
00:48:33,600 --> 00:48:37,160
Speaker 2: to Dairy Queen. Kelly says they picked up Anastasia at

938
00:48:37,160 --> 00:48:39,960
Speaker 2: the Dairy Queen, then went across the street to Mount

939
00:48:40,000 --> 00:48:45,120
Speaker 2: Washington Cemetery. They got ushered out of there, then drove around,

940
00:48:45,360 --> 00:48:48,640
Speaker 2: eventually finding a road off Truman that led to what

941
00:48:48,800 --> 00:48:52,760
Speaker 2: looked like a park with a circle drive. They parked,

942
00:48:53,040 --> 00:48:57,280
Speaker 2: and Justin and Anastasia got out of the car. Kelly

943
00:48:57,320 --> 00:48:59,640
Speaker 2: says it was dark enough to where she could see

944
00:48:59,680 --> 00:49:03,200
Speaker 2: cars with their headlights going by. She says Byron then

945
00:49:03,320 --> 00:49:06,879
Speaker 2: got out of the car popped the trunk. She saw

946
00:49:07,120 --> 00:49:11,240
Speaker 2: Justin was waving his arms saying something in German. Kelly

947
00:49:11,280 --> 00:49:14,440
Speaker 2: says Justin was standing pretty close to the driver's door.

948
00:49:14,800 --> 00:49:18,200
Speaker 2: Anastasia was standing by the second window on the driver's side.

949
00:49:18,960 --> 00:49:23,280
Speaker 2: She wasn't reacting, she was just looking at Justin. Kelly

950
00:49:23,280 --> 00:49:26,200
Speaker 2: says she then saw Byron raise the gun. Then she

951
00:49:26,320 --> 00:49:30,520
Speaker 2: heard a big loud noise. She screamed, turned away, then

952
00:49:30,560 --> 00:49:34,320
Speaker 2: looked back and saw Anastasia's body had been quote blown

953
00:49:34,440 --> 00:49:37,080
Speaker 2: backwards and I could see her feet.

954
00:49:37,920 --> 00:49:39,400
Speaker 1: Kelly says. She was crying.

955
00:49:39,800 --> 00:49:42,080
Speaker 2: Justin and Byron got in the car and Justin said,

956
00:49:42,440 --> 00:49:45,760
Speaker 2: didn't you hear me say stop? And Byron said, quote,

957
00:49:45,920 --> 00:49:48,000
Speaker 2: I already had the gun out, I already had it

958
00:49:48,040 --> 00:49:48,600
Speaker 2: in her face.

959
00:49:48,680 --> 00:49:51,160
Speaker 1: What was I supposed to do? You asked me to

960
00:49:51,200 --> 00:49:54,799
Speaker 1: do this? Kelly says. They drove for.

961
00:49:54,800 --> 00:49:57,880
Speaker 2: A while, then dumped the gun in an industrial area.

962
00:49:58,880 --> 00:50:01,120
Speaker 2: They went back to Justin and came up with the

963
00:50:01,160 --> 00:50:03,840
Speaker 2: story that Anastasia got mad and got out of the

964
00:50:03,840 --> 00:50:06,479
Speaker 2: car at Truman Roade and the I four thirty five.

965
00:50:08,600 --> 00:50:12,000
Speaker 2: Kelly says she continued to date Byron for a little

966
00:50:12,040 --> 00:50:15,040
Speaker 2: over a year after the murder, finally breaking up with

967
00:50:15,160 --> 00:50:20,080
Speaker 2: him around December of nineteen ninety eight. Kelly says eventually

968
00:50:20,120 --> 00:50:23,759
Speaker 2: her life's biraled. She got deep into drugs and it

969
00:50:23,840 --> 00:50:26,280
Speaker 2: got so bad her parents kicked her out and wouldn't

970
00:50:26,320 --> 00:50:28,759
Speaker 2: let her back in the house. She was living in

971
00:50:28,800 --> 00:50:33,360
Speaker 2: crack houses, was homeless in and out of rehab, she says.

972
00:50:33,600 --> 00:50:37,719
Speaker 2: Eventually Byron moved to Saint Louis, leaving her to deal

973
00:50:37,760 --> 00:50:42,600
Speaker 2: with everything on her own. Kelly testifies that in September

974
00:50:42,600 --> 00:50:45,640
Speaker 2: of two thousand, the night before she went into rehab,

975
00:50:45,960 --> 00:50:50,120
Speaker 2: she told her father that Byron did it. Then in rehab,

976
00:50:50,200 --> 00:50:53,279
Speaker 2: her counselor, whom she'd known for some time, convinced her

977
00:50:53,320 --> 00:50:55,359
Speaker 2: to tell what she knew about that night or she

978
00:50:55,400 --> 00:50:58,520
Speaker 2: was going to kill herself with drugs and alcohol. So

979
00:50:58,640 --> 00:51:04,520
Speaker 2: Kelly told the counselor Justin killed Anastasia. When Kelly's mom

980
00:51:04,560 --> 00:51:07,640
Speaker 2: has told this, she said, but wait, Kelly told her

981
00:51:07,719 --> 00:51:11,960
Speaker 2: dad Byron did it. Kelly says she broke down and

982
00:51:12,000 --> 00:51:14,520
Speaker 2: explained that she pointed the finger at Justin because he

983
00:51:14,600 --> 00:51:18,160
Speaker 2: was already gone. The police believed he did it, and

984
00:51:18,200 --> 00:51:20,920
Speaker 2: she was afraid because Byron had always told her she

985
00:51:21,040 --> 00:51:25,719
Speaker 2: is as guilty as he is. She finally says it

986
00:51:25,760 --> 00:51:29,719
Speaker 2: was Byron. The counselor then called a lawyer, and from

987
00:51:29,800 --> 00:51:31,239
Speaker 2: there the Moffitts went to.

988
00:51:31,200 --> 00:51:33,000
Speaker 1: Talk with prosecutors.

989
00:51:36,800 --> 00:51:40,320
Speaker 2: Then prosecutors get to the June fifth and June's seventh

990
00:51:40,360 --> 00:51:44,680
Speaker 2: recorded phone calls between Kelly and Byron. Prosecutors say the

991
00:51:44,760 --> 00:51:48,280
Speaker 2: June fifth call is significant because when Byron told Kelly,

992
00:51:48,400 --> 00:51:52,759
Speaker 2: we shouldn't talk about this, that is a tacit admission.

993
00:51:54,080 --> 00:51:58,360
Speaker 2: A tacit admission is when someone doesn't say something directly,

994
00:51:58,800 --> 00:52:02,520
Speaker 2: but their words are acts suggest that they agree with something,

995
00:52:03,040 --> 00:52:06,480
Speaker 2: like because Byron didn't deny anything during that call, like

996
00:52:06,520 --> 00:52:08,480
Speaker 2: when Kelly said, why did you have to kill her?

997
00:52:09,200 --> 00:52:13,759
Speaker 2: That can be seen as a tacit admission that it's true.

998
00:52:14,200 --> 00:52:20,040
Speaker 2: Byron's attorney, Horton Lance, then cross examines Kelly. He points

999
00:52:20,080 --> 00:52:24,400
Speaker 2: out she's lied to police multiple times. He then challenges

1000
00:52:24,440 --> 00:52:28,280
Speaker 2: her about her drug problems. She admits she used drugs

1001
00:52:28,320 --> 00:52:32,200
Speaker 2: before Anastasia's murder, but says witnessing the murder caused her depression,

1002
00:52:32,560 --> 00:52:36,560
Speaker 2: which made her drug use much worse. He then asks

1003
00:52:36,600 --> 00:52:39,840
Speaker 2: what was going on with Justin leading up to the murder.

1004
00:52:40,520 --> 00:52:43,439
Speaker 2: Kelly says he had been very depressed. He'd been using

1005
00:52:43,560 --> 00:52:47,400
Speaker 2: drugs and was even hearing voices, and he talked about

1006
00:52:47,400 --> 00:52:52,560
Speaker 2: having odd plans about hurting people. Kelly says, but Byron

1007
00:52:53,000 --> 00:52:56,759
Speaker 2: did too. Then Lance drills down on the phone call

1008
00:52:56,880 --> 00:52:59,440
Speaker 2: Kelly says she made to Anastasia from the gas station

1009
00:52:59,600 --> 00:53:00,960
Speaker 2: in lenn Nexa, Kansas.

1010
00:53:01,680 --> 00:53:04,359
Speaker 1: He challenges Kelly on whether she or.

1011
00:53:04,560 --> 00:53:10,320
Speaker 2: Justin called Anastasia's house because Anastasia's sister Francesca told police

1012
00:53:10,880 --> 00:53:14,560
Speaker 2: Justin called the house from Lenexa not long after Anastasia

1013
00:53:14,600 --> 00:53:18,719
Speaker 2: had already left for Mount Washington Cemetery. Kelly says she

1014
00:53:18,800 --> 00:53:22,520
Speaker 2: believes Justin spoke with Francesca earlier that day, she doesn't

1015
00:53:22,560 --> 00:53:26,840
Speaker 2: recall him using the payphone at the gas station. Byron's

1016
00:53:26,880 --> 00:53:29,799
Speaker 2: attorney then asks about the gun Kelly had said she

1017
00:53:29,880 --> 00:53:33,280
Speaker 2: saw hanging at Byron's dad's house. Kelly says she doesn't

1018
00:53:33,320 --> 00:53:36,000
Speaker 2: remember which room it was in, and she doesn't know

1019
00:53:36,080 --> 00:53:38,800
Speaker 2: if that was the gun used. All she knows is

1020
00:53:38,840 --> 00:53:41,480
Speaker 2: Byron told her the gun they had with them that

1021
00:53:41,600 --> 00:53:46,160
Speaker 2: night was Byron's dad's gun. Horton Lance asks Kelly if

1022
00:53:46,160 --> 00:53:49,520
Speaker 2: she still stands by what she told Kilgore that Byron

1023
00:53:49,880 --> 00:53:53,160
Speaker 2: was five feet away or a little more from Anastasia

1024
00:53:53,239 --> 00:53:54,080
Speaker 2: when he shot her.

1025
00:53:54,960 --> 00:53:55,680
Speaker 1: She says yes.

1026
00:53:56,920 --> 00:53:59,840
Speaker 2: Horton Lance asks why that night, after Byron and j

1027
00:54:00,320 --> 00:54:03,040
Speaker 2: were gone, didn't she tell her mom that she had

1028
00:54:03,160 --> 00:54:07,600
Speaker 2: just witnessed her boyfriend kill her friend, Kelly says she

1029
00:54:07,760 --> 00:54:11,920
Speaker 2: was scared. Then he confronts Kelly about an email she

1030
00:54:12,040 --> 00:54:16,880
Speaker 2: sent to Anastasia's dad, Bob Whitplesfuchen in May of nineteen

1031
00:54:16,960 --> 00:54:20,880
Speaker 2: ninety eight. In it, Kelly wrote quote, let's get together

1032
00:54:21,320 --> 00:54:25,000
Speaker 2: and swap stories. Kelly says she didn't want to necessarily

1033
00:54:25,040 --> 00:54:27,440
Speaker 2: talk about the murder. She just wanted to let him

1034
00:54:27,480 --> 00:54:32,480
Speaker 2: know how sorry she was that Anastasia was dead. Lance

1035
00:54:32,520 --> 00:54:35,400
Speaker 2: asks if she got the ten thousand dollars reward money.

1036
00:54:35,960 --> 00:54:40,080
Speaker 2: Kelly says no. Then Horton Lance wants to know did

1037
00:54:40,160 --> 00:54:44,120
Speaker 2: Kelly warn Anastasia that Byron and Justin were planning to

1038
00:54:44,280 --> 00:54:51,440
Speaker 2: murder her that night? Kelly says she did not. On redirect,

1039
00:54:51,719 --> 00:54:55,560
Speaker 2: Prosecutor Teresa Crayon wants to make clear Kelly said Byron

1040
00:54:55,719 --> 00:54:58,800
Speaker 2: was five feet away when he shot Anastasia, but Kelly

1041
00:54:58,920 --> 00:55:04,200
Speaker 2: also said Iron was holding a long gun. Also testifying

1042
00:55:04,200 --> 00:55:07,960
Speaker 2: for the state, our Deputy David Epperson, who found Anastasia's body,

1043
00:55:08,280 --> 00:55:12,680
Speaker 2: and Deborah Moffatt, Kelly's mom. Debora, testifies that when Kelly

1044
00:55:12,719 --> 00:55:15,239
Speaker 2: got home the night of the twenty second, Byron and

1045
00:55:15,400 --> 00:55:16,560
Speaker 2: Justin came inside with her.

1046
00:55:17,400 --> 00:55:19,400
Speaker 1: Debora said she was upstairs.

1047
00:55:18,840 --> 00:55:21,600
Speaker 2: But she could hear the three of them whispering downstairs,

1048
00:55:21,719 --> 00:55:26,240
Speaker 2: which made her suspicious. Debora says by January of nineteen

1049
00:55:26,320 --> 00:55:31,160
Speaker 2: ninety nine, about fifteen months after Anastasia's murder, Kelly's drug

1050
00:55:31,280 --> 00:55:35,120
Speaker 2: use had gotten really bad. She would disappear, be gone

1051
00:55:35,120 --> 00:55:38,880
Speaker 2: for days at a time. Then one night, late around

1052
00:55:38,880 --> 00:55:42,000
Speaker 2: March of two thousand, Debora says, Kelly called her and

1053
00:55:42,040 --> 00:55:46,239
Speaker 2: said she saw Anastasia murdered. Debora says she asked if

1054
00:55:46,280 --> 00:55:49,360
Speaker 2: it was Justin, and she said yes. That was the

1055
00:55:49,440 --> 00:55:52,920
Speaker 2: end of the conversation. Debra says she eventually came home

1056
00:55:52,960 --> 00:55:56,320
Speaker 2: but never wanted to talk about it. According to Deborah,

1057
00:55:56,360 --> 00:55:59,040
Speaker 2: over the coming months, Kelly ran away from rehab two

1058
00:55:59,160 --> 00:56:02,960
Speaker 2: or three times, and they always took her back. Then

1059
00:56:03,040 --> 00:56:09,400
Speaker 2: one night Kelly told her dad Byron killed Anastasia. Deborah

1060
00:56:09,440 --> 00:56:12,160
Speaker 2: and her husband took Kelly back to rehab, and not

1061
00:56:12,239 --> 00:56:16,960
Speaker 2: long after, Kelly confessed to her drug counselor that Justin

1062
00:56:17,480 --> 00:56:23,240
Speaker 2: killed Anastasia. Eventually, when confronted with her changing story, Kelly

1063
00:56:23,320 --> 00:56:30,600
Speaker 2: said it was Byron. After Deborah Moffatt, Diane Marshall, Anastasia's stepmom, testifies,

1064
00:56:30,960 --> 00:56:36,160
Speaker 2: then Anastasia's sister, Francesco Whipplesfugen takes the stand. Franzays, in

1065
00:56:36,200 --> 00:56:40,200
Speaker 2: October twenty second, Anastasia was wearing her black shoes, some

1066
00:56:40,320 --> 00:56:43,359
Speaker 2: black jeans, and a tan corduroy jacket when she went

1067
00:56:43,400 --> 00:56:47,160
Speaker 2: to meet Justin at Mount Washington Cemetery. She says, around

1068
00:56:47,200 --> 00:56:50,719
Speaker 2: four thirty pm, Justin called the house looking for Anastasia,

1069
00:56:51,040 --> 00:56:53,640
Speaker 2: and he sounded surprised to learn she had already gotten

1070
00:56:53,640 --> 00:56:57,320
Speaker 2: a ride to Mount Washington about fifteen or twenty minutes before.

1071
00:56:58,200 --> 00:57:01,040
Speaker 2: She says, during that call, Justin acted like he didn't

1072
00:57:01,080 --> 00:57:04,279
Speaker 2: want to drive all the way from Lenexa, Kansas, to Independence,

1073
00:57:04,320 --> 00:57:08,799
Speaker 2: Missouri to meet Anastasia. Francisca testifies that when Justin called

1074
00:57:08,800 --> 00:57:12,160
Speaker 2: her later that night, she told him, quote, if anything

1075
00:57:12,200 --> 00:57:14,680
Speaker 2: happened to her, it was his fault, and I kind

1076
00:57:14,680 --> 00:57:18,040
Speaker 2: of hung up on him at that point. Francisca also

1077
00:57:18,120 --> 00:57:21,760
Speaker 2: says she never spoke to Kelly that day. The state's

1078
00:57:21,800 --> 00:57:25,760
Speaker 2: other witnesses include Glenn Colliver, the caretaker at Mount Washington Cemetery.

1079
00:57:26,280 --> 00:57:30,240
Speaker 2: He testifies he saw Anastasia at Mount Washington around five pm,

1080
00:57:30,520 --> 00:57:33,680
Speaker 2: then later with two males and a female. Originally, he

1081
00:57:33,720 --> 00:57:37,280
Speaker 2: told investigators he saw her the second time around seven pm.

1082
00:57:37,600 --> 00:57:39,880
Speaker 2: Now on the stand, he says he saw her around

1083
00:57:40,000 --> 00:57:43,280
Speaker 2: nine pm. Next to take the stand is John Bruton,

1084
00:57:43,560 --> 00:57:47,720
Speaker 2: Justin's dad. Then Jim Dodd, the bullet Hole store employee

1085
00:57:47,760 --> 00:57:51,080
Speaker 2: who sold Justin the gun the morning of October twenty third.

1086
00:57:51,720 --> 00:57:55,120
Speaker 2: Then two from law enforcement testify. The detective who worked

1087
00:57:55,280 --> 00:57:59,360
Speaker 2: Justin's death case. He says it was obviously self inflicted,

1088
00:58:00,120 --> 00:58:04,280
Speaker 2: the officer who arrested Byron. Then doctor Chase Blanchard, who

1089
00:58:04,280 --> 00:58:07,760
Speaker 2: works at the Jackson County Medical Examiner's office, takes the stand.

1090
00:58:08,320 --> 00:58:12,520
Speaker 2: The chief medical Examiner, doctor Thomas Young, who actually performed

1091
00:58:12,520 --> 00:58:16,880
Speaker 2: the autopsy, is out of town. Doctor Blanchard testifies from

1092
00:58:16,920 --> 00:58:20,880
Speaker 2: doctor Young's report, saying that Anastasia died from a contact

1093
00:58:20,880 --> 00:58:23,920
Speaker 2: wound to the nose, meaning the muzzle was up against

1094
00:58:23,920 --> 00:58:27,800
Speaker 2: her skin. Doctor Blanchard says doctor Young saw a dark

1095
00:58:27,920 --> 00:58:32,280
Speaker 2: city deposit around the face and the presence of gunpowder particles,

1096
00:58:32,320 --> 00:58:36,439
Speaker 2: which also means a close range shot. Doctor Blanchard says,

1097
00:58:36,520 --> 00:58:40,040
Speaker 2: quote to me, that means less than six inches. The

1098
00:58:40,160 --> 00:58:43,200
Speaker 2: muzzle must have been less than six inches from the

1099
00:58:43,240 --> 00:58:47,160
Speaker 2: person to the person's skin. She goes on to say quote,

1100
00:58:47,360 --> 00:58:50,320
Speaker 2: but it was probably right up against the skin. And

1101
00:58:50,360 --> 00:58:53,360
Speaker 2: that's what I believe doctor Young's opinion is, because he

1102
00:58:53,440 --> 00:58:57,560
Speaker 2: calls it a contact. Doctor Blanchard also says there were

1103
00:58:57,560 --> 00:59:01,400
Speaker 2: no defensive wounds detected, and she can't say specifically what

1104
00:59:01,520 --> 00:59:04,920
Speaker 2: kind of gun fired the fatal shot. For all of

1105
00:59:04,960 --> 00:59:08,479
Speaker 2: the people who do testify for the prosecution, there's one

1106
00:59:08,520 --> 00:59:14,520
Speaker 2: person I am stunned wasn't even called. Lead investigator, Sergeant

1107
00:59:14,600 --> 00:59:20,840
Speaker 2: Gary Kilgore. Next up is the defense's case. Don Wright,

1108
00:59:21,040 --> 00:59:25,560
Speaker 2: the dairy queen worker, testifies first. She says although she

1109
00:59:25,720 --> 00:59:28,919
Speaker 2: told Sergeant Kilgore she gave Anastasia a pad that night,

1110
00:59:29,360 --> 00:59:32,320
Speaker 2: she actually gave her a tampon. Don Wright says she

1111
00:59:32,360 --> 00:59:34,800
Speaker 2: hasn't used anything other than a tampon since she was.

1112
00:59:34,800 --> 00:59:36,919
Speaker 1: About thirteen or fourteen years old.

1113
00:59:37,040 --> 00:59:39,320
Speaker 2: She said she only said it was a pad because

1114
00:59:39,320 --> 00:59:42,280
Speaker 2: she couldn't think of a polite name for it. An

1115
00:59:42,280 --> 00:59:45,240
Speaker 2: important distinction for the defense, because if don Wright gave

1116
00:59:45,240 --> 00:59:48,600
Speaker 2: Anastasia a tampon, then why was she found in Lincoln's

1117
00:59:48,600 --> 00:59:52,600
Speaker 2: cemetery wearing a clean pad. Don Wright says that night,

1118
00:59:52,600 --> 00:59:55,240
Speaker 2: Anastasia had a long brown purse with her and she

1119
00:59:55,320 --> 01:00:00,160
Speaker 2: was wearing light blue jeans and sandals with socks. She

1120
01:00:00,200 --> 01:00:04,520
Speaker 2: also testifies to a story different than Kelly's. Don Wright

1121
01:00:04,560 --> 01:00:07,760
Speaker 2: says that Anastasia told her she and her boyfriend Quote

1122
01:00:08,120 --> 01:00:10,600
Speaker 2: had been in an argument because they had plans that

1123
01:00:10,720 --> 01:00:13,439
Speaker 2: night and she couldn't get a ride over there to him,

1124
01:00:13,960 --> 01:00:16,400
Speaker 2: so she had gotten out to the dairy Queen called

1125
01:00:16,480 --> 01:00:18,920
Speaker 2: him and asked if he could come pick her up,

1126
01:00:19,160 --> 01:00:21,760
Speaker 2: and he said that he had already made plans with

1127
01:00:21,800 --> 01:00:27,080
Speaker 2: his best friend, and she was upset. Then Byron's mom,

1128
01:00:27,240 --> 01:00:31,520
Speaker 2: Evelyn Case, takes the stand. She says Byron came home

1129
01:00:31,600 --> 01:00:35,120
Speaker 2: the night of October twenty second, around ten or eleven pm.

1130
01:00:35,760 --> 01:00:39,720
Speaker 2: He told her about Anastasia and justin arguing and Anastasia

1131
01:00:39,760 --> 01:00:42,840
Speaker 2: getting out of the car. She says Byron didn't smell

1132
01:00:42,840 --> 01:00:45,800
Speaker 2: like alcohol or seemed to be acting out of the ordinary.

1133
01:00:46,280 --> 01:00:48,760
Speaker 2: They had idle chit chat. Then Byron went to his

1134
01:00:48,880 --> 01:00:52,880
Speaker 2: room and got on his computer. Ellen says after that night,

1135
01:00:53,320 --> 01:00:57,240
Speaker 2: Kelly and Byron seemed the same. Kelly never seemed afraid

1136
01:00:57,280 --> 01:01:00,000
Speaker 2: of Byron. They would cook together and listen to music.

1137
01:01:01,040 --> 01:01:04,240
Speaker 2: She says about that June fifth recorded phone call with Kelly,

1138
01:01:04,960 --> 01:01:07,960
Speaker 2: Byron was sick. The next day, he went to a

1139
01:01:08,000 --> 01:01:12,680
Speaker 2: doctor and had something like strep throat. He was prescribed antibiotics.

1140
01:01:13,480 --> 01:01:17,400
Speaker 2: Evelyn says Byron's dad, her ex husband, never owned a gun.

1141
01:01:17,800 --> 01:01:20,960
Speaker 2: He wasn't a hunter. They were an anti gun family,

1142
01:01:21,840 --> 01:01:24,320
Speaker 2: and she says Byron's car was in the shop the

1143
01:01:24,440 --> 01:01:27,640
Speaker 2: night of the murder. Evelyn says about a month after

1144
01:01:27,680 --> 01:01:31,680
Speaker 2: Byron was arrested, Kelly called her. She said the first

1145
01:01:31,720 --> 01:01:35,040
Speaker 2: thing Kelly said to her was, quote, this is insane,

1146
01:01:35,800 --> 01:01:39,240
Speaker 2: Evelyn says. Kelly went on to say, quote, I'm an accomplice.

1147
01:01:39,760 --> 01:01:43,320
Speaker 2: I'm an accomplice. But since I told I got they

1148
01:01:43,360 --> 01:01:47,720
Speaker 2: gave me part immunity. Evelyn says. Kelly went on to say, quote,

1149
01:01:47,880 --> 01:01:50,720
Speaker 2: my family really liked Byron a lot. I should be

1150
01:01:50,800 --> 01:01:54,360
Speaker 2: in jail with him, and I'm ready to go, Evelyn says.

1151
01:01:54,440 --> 01:01:57,280
Speaker 2: Kelly asked if she could write to Byron in jail.

1152
01:01:58,280 --> 01:02:02,400
Speaker 2: On cross examination, prosecuteter David Frye asks Evelyn where she

1153
01:02:02,560 --> 01:02:06,440
Speaker 2: was born. She says Germany. She reads and writes and

1154
01:02:06,480 --> 01:02:09,800
Speaker 2: speaks in German as much as she can, and Byron

1155
01:02:09,920 --> 01:02:12,520
Speaker 2: is still learning, but he knows the basics enough for

1156
01:02:12,560 --> 01:02:15,840
Speaker 2: them to communicate. Evelyn says she would speak to Justin

1157
01:02:16,160 --> 01:02:19,480
Speaker 2: in German too. This is an important point for the

1158
01:02:19,480 --> 01:02:23,520
Speaker 2: prosecution to make, because Kelly testified that Justin was yelling

1159
01:02:23,560 --> 01:02:28,640
Speaker 2: something in German to Byron right before he shot Anastasia.

1160
01:02:29,040 --> 01:02:32,360
Speaker 2: As the defense's case continues, Horton Lance calls to the

1161
01:02:32,400 --> 01:02:37,440
Speaker 2: stand Nancy Knolger, Byron's aunt, his dad's sister, who testifies

1162
01:02:37,480 --> 01:02:40,360
Speaker 2: her brother never had any guns and he never hunted.

1163
01:02:41,040 --> 01:02:45,800
Speaker 2: Then Byron's friends, Abraham Nisley and Tara McDowell testify, who

1164
01:02:45,920 --> 01:02:49,240
Speaker 2: both say they saw Byron that night and nothing seemed

1165
01:02:49,240 --> 01:02:52,520
Speaker 2: out of the ordinary with him. Tara says when Byron

1166
01:02:52,560 --> 01:02:54,840
Speaker 2: came by that night, he and Justin did not smell

1167
01:02:54,880 --> 01:02:57,800
Speaker 2: of alcohol. They seemed to be in fairly good moods,

1168
01:02:57,840 --> 01:03:02,200
Speaker 2: and Justin specifically and look upset, shaken, or that he'd

1169
01:03:02,200 --> 01:03:06,840
Speaker 2: been crying earlier. On cross examination, Tara's asked why in

1170
01:03:06,880 --> 01:03:10,680
Speaker 2: her February nineteen ninety eight interview with Sergeant Kilgore, she

1171
01:03:10,800 --> 01:03:14,920
Speaker 2: said Byron and Justin were going to Abraham's house after hers.

1172
01:03:15,400 --> 01:03:18,480
Speaker 2: She said that's how she remembered it, then now she

1173
01:03:18,520 --> 01:03:19,480
Speaker 2: doesn't remember.

1174
01:03:19,200 --> 01:03:20,600
Speaker 1: It at all.

1175
01:03:20,800 --> 01:03:23,680
Speaker 2: She's also asked if before trial Abraham gave her the

1176
01:03:23,760 --> 01:03:27,240
Speaker 2: case file to read so she could prepare before testifying.

1177
01:03:27,880 --> 01:03:30,160
Speaker 2: Tara says she only had a stack of papers and

1178
01:03:30,240 --> 01:03:34,080
Speaker 2: she only read her interview with Kilgore and the autopsy reports.

1179
01:03:35,680 --> 01:03:39,320
Speaker 2: Then Don Rand, the night mechanic at the Amico station,

1180
01:03:39,440 --> 01:03:43,200
Speaker 2: takes the stand. He says, when he first spoke with investigators,

1181
01:03:43,240 --> 01:03:46,120
Speaker 2: he was shown two photos, one of a boy and

1182
01:03:46,120 --> 01:03:48,280
Speaker 2: one of a girl. He said the girl in the

1183
01:03:48,280 --> 01:03:51,040
Speaker 2: photo looked like the one he saw walking quickly away

1184
01:03:51,040 --> 01:03:53,480
Speaker 2: from the car at the light at Truman Road and

1185
01:03:53,520 --> 01:03:57,040
Speaker 2: the I four thirty five. Don Rand says her faster

1186
01:03:57,200 --> 01:04:01,280
Speaker 2: pace made him think she was upset. He says he

1187
01:04:01,360 --> 01:04:04,440
Speaker 2: thinks this happened around dusk or a little bit after dark,

1188
01:04:04,840 --> 01:04:07,480
Speaker 2: and he saw the young woman walk east on Truman

1189
01:04:07,600 --> 01:04:12,120
Speaker 2: Road towards Independence, both in the direction of Lincoln's Cemetery

1190
01:04:12,480 --> 01:04:17,400
Speaker 2: and Anastasia's house. On cross examination, Don Rand is asked

1191
01:04:17,480 --> 01:04:20,240
Speaker 2: to confirm the height and wait of the girl he

1192
01:04:20,320 --> 01:04:23,480
Speaker 2: saw that night. Don Rand says she was about five

1193
01:04:23,680 --> 01:04:27,840
Speaker 2: six or five seven and about one hundred and thirty pounds.

1194
01:04:28,880 --> 01:04:33,200
Speaker 2: Anastasia was five to two and one hundred and twenty pounds.

1195
01:04:34,920 --> 01:04:38,240
Speaker 2: Then Byron takes the stand in his own defense, he

1196
01:04:38,320 --> 01:04:40,840
Speaker 2: tells the same basic story he's told since he first

1197
01:04:40,880 --> 01:04:44,360
Speaker 2: spoke with Sergeant Kilgore back in October of nineteen ninety seven.

1198
01:04:45,240 --> 01:04:48,000
Speaker 2: But Byron denies they were drinking that night and says

1199
01:04:48,040 --> 01:04:51,080
Speaker 2: he and Justin never asked Kelly to call Anastasia to

1200
01:04:51,080 --> 01:04:51,560
Speaker 2: meet them.

1201
01:04:51,440 --> 01:04:52,240
Speaker 1: At the Dairy Queen.

1202
01:04:53,000 --> 01:04:55,280
Speaker 2: He says they didn't even know where the Dairy Queen was,

1203
01:04:55,800 --> 01:05:01,360
Speaker 2: Anastasia gave them directions. On cross examination, Prosecutor David Frye

1204
01:05:01,720 --> 01:05:06,360
Speaker 2: questions Byron about everything from his relationship with Kelly, who

1205
01:05:06,440 --> 01:05:10,720
Speaker 2: was fourteen when they first started dating Byron was eighteen,

1206
01:05:11,360 --> 01:05:15,200
Speaker 2: to the night of October twenty second. Byron for the

1207
01:05:15,240 --> 01:05:17,960
Speaker 2: first time says he Justin and Kelly stopped at the

1208
01:05:17,960 --> 01:05:22,960
Speaker 2: gas station in Lenexa, where Justin called Anastasia's house. Byron

1209
01:05:23,000 --> 01:05:25,960
Speaker 2: says Justin spoke with her sister Fran and learned that

1210
01:05:26,000 --> 01:05:31,800
Speaker 2: Anastasia had already left for Mount Washington Cemetery. Prosecutor David

1211
01:05:31,800 --> 01:05:35,320
Speaker 2: Frye challenges Byron on this, asking if it would have

1212
01:05:35,360 --> 01:05:38,680
Speaker 2: been normal for Anastasia to page him if she couldn't

1213
01:05:38,720 --> 01:05:42,320
Speaker 2: get a hold of him, and Justin Byron says yes.

1214
01:05:43,440 --> 01:05:47,280
Speaker 2: Then David Frye asks, quote, and if she had reached

1215
01:05:47,320 --> 01:05:50,840
Speaker 2: you on your pager and given the number, you could

1216
01:05:50,880 --> 01:05:53,600
Speaker 2: have dialed the phone number that Kelly says she dialed,

1217
01:05:54,040 --> 01:05:56,560
Speaker 2: and Kelly could have talked to her at the dairy queen.

1218
01:05:57,000 --> 01:05:57,680
Speaker 1: Isn't that right?

1219
01:05:58,240 --> 01:06:01,320
Speaker 2: Byron says yeah, if the pay phone allowed incoming calls,

1220
01:06:01,680 --> 01:06:05,800
Speaker 2: but he says he doesn't remember getting paged by Anastasia.

1221
01:06:07,160 --> 01:06:10,680
Speaker 2: David fry says Byron's story about that night is hogwash.

1222
01:06:11,200 --> 01:06:14,680
Speaker 2: He says there's no way this stubborn, strong fighter who

1223
01:06:14,760 --> 01:06:18,440
Speaker 2: was Anastasia would end up dead with no defensive wounds,

1224
01:06:18,840 --> 01:06:24,360
Speaker 2: implying she knew her killer and her killer was him.

1225
01:06:25,000 --> 01:06:29,080
Speaker 2: In closing arguments, Prosecutor Teresa Crayon says Kelly Moffatt had

1226
01:06:29,080 --> 01:06:31,880
Speaker 2: no reason to come forward and lie, admit she was

1227
01:06:31,880 --> 01:06:34,720
Speaker 2: a drug addict, accusan ex boyfriend she broke up with

1228
01:06:34,760 --> 01:06:38,280
Speaker 2: two and a half years before, and implicate herself in

1229
01:06:38,320 --> 01:06:41,960
Speaker 2: a murder. Defense Attorney Horton Lance says in his closing

1230
01:06:42,360 --> 01:06:45,880
Speaker 2: there are two Kelly Moffetts, one who's a crack addict,

1231
01:06:45,960 --> 01:06:49,760
Speaker 2: alcoholic who's ruined her life and has no excuse. The

1232
01:06:49,800 --> 01:06:52,800
Speaker 2: other Kelly, he asserts, is all of those things, but

1233
01:06:52,920 --> 01:06:56,600
Speaker 2: has an excuse. She witnessed a murder and that's how

1234
01:06:56,640 --> 01:06:59,560
Speaker 2: her family could take her back because it's not her fault.

1235
01:07:00,720 --> 01:07:03,400
Speaker 2: Horton Lance reminds the jury that Anastasia was the one

1236
01:07:03,400 --> 01:07:06,040
Speaker 2: who wanted to get together that day. He says she

1237
01:07:06,120 --> 01:07:08,920
Speaker 2: got a ride in Mount Washington and only went across

1238
01:07:08,920 --> 01:07:11,720
Speaker 2: the street to the Dairy Queen when Justin didn't show up.

1239
01:07:12,360 --> 01:07:14,880
Speaker 2: He says Anastasia was the one who called and said,

1240
01:07:15,280 --> 01:07:18,800
Speaker 2: I'm at the Dairy Queen, come get me. When Justin

1241
01:07:18,840 --> 01:07:22,240
Speaker 2: spoke with Francesca, she said Justin acted like he didn't

1242
01:07:22,240 --> 01:07:24,920
Speaker 2: want to drive all the way from Lenexa to Independence

1243
01:07:24,960 --> 01:07:29,120
Speaker 2: to meet Anastasia. Horton Lance says Anastasia called Justin four

1244
01:07:29,200 --> 01:07:31,960
Speaker 2: or five times from the Dairy Queen and was mad

1245
01:07:32,200 --> 01:07:35,120
Speaker 2: when they picked her up so late. Horton Lance argues,

1246
01:07:35,200 --> 01:07:38,840
Speaker 2: if the plan was to kill Anastasia, why are they

1247
01:07:38,880 --> 01:07:42,320
Speaker 2: so late. He says they were late because the plan

1248
01:07:42,560 --> 01:07:45,680
Speaker 2: was for Justin and Anastasia to talk about their relationship,

1249
01:07:46,200 --> 01:07:49,920
Speaker 2: not to kill her. He says Justin didn't even want

1250
01:07:49,960 --> 01:07:54,280
Speaker 2: to be there, which Horton Lance says is the opposite

1251
01:07:54,800 --> 01:08:01,040
Speaker 2: of Kelly's testimony. After three days, the case goes to

1252
01:08:01,080 --> 01:08:05,520
Speaker 2: the jury. A little over three hours later, they come

1253
01:08:05,560 --> 01:08:09,360
Speaker 2: back with their verdict for count one murder in the

1254
01:08:09,400 --> 01:08:15,400
Speaker 2: first degree guilty for count two armed criminal action guilty.

1255
01:08:15,960 --> 01:08:19,680
Speaker 2: Almost two months later, Judge Atwell sentences Byron case to

1256
01:08:19,760 --> 01:08:24,919
Speaker 2: two life terms to run. Concurrently, I spoke with Byron's

1257
01:08:24,920 --> 01:08:28,479
Speaker 2: defense attorney, Horton Lance, about possibly sitting down for an interview.

1258
01:08:29,160 --> 01:08:32,080
Speaker 2: He told me he'd consider it, he was busy about

1259
01:08:32,080 --> 01:08:33,920
Speaker 2: to start a trial and I should call him back

1260
01:08:33,920 --> 01:08:37,280
Speaker 2: in a few weeks, which I did. I left several

1261
01:08:37,400 --> 01:08:40,360
Speaker 2: messages for him, but he never returned any of them.

1262
01:08:41,000 --> 01:08:45,280
Speaker 2: I also reached out to Prosecutor Teresa Crayon. Her communications

1263
01:08:45,320 --> 01:08:48,920
Speaker 2: director said quote, the office has decided that until all

1264
01:08:49,000 --> 01:08:52,720
Speaker 2: litigation is complete on this matter, it isn't appropriate for

1265
01:08:52,760 --> 01:08:58,960
Speaker 2: a potential witness. I e Teresa to participate. In twenty fourteen,

1266
01:08:59,200 --> 01:09:02,479
Speaker 2: Teresa Crayon was interviewed for on the case with Paula's On.

1267
01:09:03,360 --> 01:09:06,080
Speaker 2: Here is what she said about why Kelly you should

1268
01:09:06,120 --> 01:09:07,320
Speaker 2: be believed.

1269
01:09:07,120 --> 01:09:10,040
Speaker 7: When you listen to Kelly's whole story, it made sense.

1270
01:09:10,439 --> 01:09:12,439
Speaker 7: Kelly never saw a picture of the crime scene. She

1271
01:09:12,520 --> 01:09:15,120
Speaker 7: was never shown one Yep, she was able to describe

1272
01:09:15,240 --> 01:09:18,320
Speaker 7: exactly the position of Anastasia's body. And you know what

1273
01:09:18,400 --> 01:09:20,920
Speaker 7: was Kelly's motive to lie about this when she came forward.

1274
01:09:23,960 --> 01:09:27,720
Speaker 2: I also reached out to former prosecutor David Frye. He

1275
01:09:27,760 --> 01:09:35,719
Speaker 2: never responded, and I emailed Kelly Moffatt finally right first,

1276
01:09:35,800 --> 01:09:38,400
Speaker 2: she responded with quote, you don't have an agenda and

1277
01:09:38,439 --> 01:09:41,400
Speaker 2: your podcast is called The Real Killer. I find that

1278
01:09:41,479 --> 01:09:44,599
Speaker 2: incredibly hard to believe. How did you get my email?

1279
01:09:45,640 --> 01:09:49,599
Speaker 2: Two emails later, she wrote this quote, I will briefly

1280
01:09:49,680 --> 01:09:55,640
Speaker 2: talk to you. I'll let you know what happens. So

1281
01:09:56,200 --> 01:10:00,080
Speaker 2: the trial is over, the judge and Jerry have spoken.

1282
01:10:00,320 --> 01:10:05,519
Speaker 2: Now I want to talk to Byron Case. Did you

1283
01:10:05,600 --> 01:10:13,840
Speaker 2: kill Anastasia Whitfelsfugen Next time on The Real Killer? What

1284
01:10:13,920 --> 01:10:16,120
Speaker 2: do you say to the people out there who think

1285
01:10:16,200 --> 01:10:20,960
Speaker 2: you are murderer? My face to face interview with the

1286
01:10:21,040 --> 01:10:23,680
Speaker 2: man convicted of killing Anastasia.

1287
01:10:24,920 --> 01:10:31,599
Speaker 9: I a long time ago accepted that people aren't going

1288
01:10:31,680 --> 01:10:33,600
Speaker 9: to like me, and people are going to think some

1289
01:10:33,680 --> 01:10:41,280
Speaker 9: terrible things about me, and it isn't my job to

1290
01:10:42,320 --> 01:10:43,800
Speaker 9: make them think otherwise.

1291
01:10:47,920 --> 01:10:51,439
Speaker 2: The views and opinions expressed in this podcast are solely

1292
01:10:51,520 --> 01:10:56,360
Speaker 2: those of the individuals participating in the podcast. If you

1293
01:10:56,920 --> 01:11:00,880
Speaker 2: or someone you know is experiencing suicidal thoughts or a crisis,

1294
01:11:01,360 --> 01:11:05,519
Speaker 2: please no help is available. Call or text nine to

1295
01:11:05,600 --> 01:11:09,040
Speaker 2: eight eight, or chat online at the Suicide and Crisis

1296
01:11:09,040 --> 01:11:14,160
Speaker 2: Lifelines website at nine eight eight lifeline dot org. To

1297
01:11:14,200 --> 01:11:17,479
Speaker 2: see photos, maps and documents related to this season's story,

1298
01:11:17,880 --> 01:11:21,759
Speaker 2: follow The Real Killer Podcast on Instagram and at TRK

1299
01:11:21,960 --> 01:11:29,240
Speaker 2: podcast on TikTok. The Real Killer is a production of

1300
01:11:29,320 --> 01:11:35,400
Speaker 2: AYR Media and iHeartMedia, hosted by me Leah Rothman. Executive

1301
01:11:35,400 --> 01:11:40,240
Speaker 2: producers Leah Rothman and Elisa Rosen for AYR Media, Written

1302
01:11:40,479 --> 01:11:44,719
Speaker 2: by Leah Rothman, editing and sound design by Cameron Taggi,

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01:11:45,600 --> 01:11:50,840
Speaker 2: mixed and mastered by Cameron Taggi. Production coordinator Andy Levine,

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01:11:51,240 --> 01:11:58,080
Speaker 2: Audio engineer Justin Longerbeam studio engineer Graham Gibson, Legal console

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01:11:58,160 --> 01:12:04,599
Speaker 2: for AYR Media, Douglas Executive producer for iHeartMedia, Maya Howard