WEBVTT - The Real Killer Season 3: Ep. 5, We Shouldn’t Talk About This

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<v Speaker 1>A warning.

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<v Speaker 2>This episode contains depictions of violence and conversations about suicide

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<v Speaker 2>that may be disturbing and triggering for some listeners. If

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<v Speaker 2>you are struggling with suicidal thoughts, please fast forward to

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<v Speaker 2>the end of this episode to find out where help

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<v Speaker 2>is available. It's been almost three years since eighteen year

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<v Speaker 2>old Anastasia Whitbolsfugen was brutally murdered in Lincoln Cemetery. There

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<v Speaker 2>have been no arrests in the case. No one has

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<v Speaker 2>been ruled out.

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<v Speaker 3>Followings interviewer conducted on.

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<v Speaker 4>September twenty first, two thousand, starting in approximately thirteen oh

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<v Speaker 4>five hours.

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<v Speaker 2>Then out of nowhere, a huge break in the case.

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<v Speaker 2>Someone comes forward who says they know who killed Anastasia

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<v Speaker 2>and they're ready to come clean. I'm Leah Rothman. This

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<v Speaker 2>is the real killer. Episode five. We shouldn't talk about this.

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<v Speaker 5>Station name Kelly Moffatt, date of birth.

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<v Speaker 2>With the promise of immunity from prosecution, Kelly Moffatt, who

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<v Speaker 2>went out the night of October twenty second, nineteen ninety

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<v Speaker 2>seven with her boyfriend Byron Case, Anastasia, and Anastasia's boyfriend

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<v Speaker 2>Justin Bruton, has now come forward to say she witnessed

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<v Speaker 2>Anastasia's murder and she knows who pulled the trigger. Sergeant

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<v Speaker 2>Gary Kilgore speaks with her at Mainstream Women's Center, a

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<v Speaker 2>drug rehab facility where Kelly is doing inpatient treatment.

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<v Speaker 3>I understand that.

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<v Speaker 4>The times that you and I have previously talk that

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<v Speaker 4>you were not entirely truthful with me.

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<v Speaker 3>Yeah that is correct.

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<v Speaker 5>Yeah, that's great, okay, and.

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<v Speaker 4>You are now willing to be truthful with them.

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<v Speaker 5>Yes.

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<v Speaker 2>At the time of this interview, Kelly is seventeen, about

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<v Speaker 2>one month shy of her eighteenth birthday. She was fifteen

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<v Speaker 2>the night of Anastasia's death.

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<v Speaker 3>Do you know how Anastasia died?

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<v Speaker 5>Yes?

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<v Speaker 3>Could you go ahead and tell me what it is?

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<v Speaker 3>Did you know about them?

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<v Speaker 5>Where? Should I start? Just anywhere? Anything? Well, I'll start

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<v Speaker 5>with what I know, okay, because I'm not.

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<v Speaker 2>Kelly begins with Justin and Anastasia's tumultuous relationship in early

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<v Speaker 2>fall of nineteen ninety seven. She says, Anastasia had been

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<v Speaker 2>living with Justin at his condo and they were fighting

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<v Speaker 2>a lot. Kelly says about one week before Anastasia was murdered,

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<v Speaker 2>Justin asked her to move out, so she moved back

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<v Speaker 2>home with her dad.

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<v Speaker 5>After that, she was kind of Justin was getting upset

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<v Speaker 5>because she was calling him constantly and showing up at

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<v Speaker 5>his apartment and everything. Him and Anastasia. Justin and Anastesia

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<v Speaker 5>had had plans at one point because Justin's parents were

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<v Speaker 5>so wealthy and he didn't get along with them, they

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<v Speaker 5>were gonna go rob them, and that didn't work out.

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<v Speaker 5>They had I guess they had it planned out or whatever.

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<v Speaker 5>I never saw a weapon or anything.

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<v Speaker 3>They tim robbed Justin's parents.

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<v Speaker 5>Got no as far as I know, they decided to.

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<v Speaker 5>They started to drive down there to told to Oklahoma

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<v Speaker 5>to his parents' house, and they ended up kind of

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<v Speaker 5>chickening out and turning around and coming back home.

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<v Speaker 3>And when was this taking place, probably.

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<v Speaker 5>I don't know, a couple of weeks before she died,

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<v Speaker 5>before she moved out anyway, so that was kind of

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<v Speaker 5>when Justin's weird plans for things like started.

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<v Speaker 3>Did they discussing any of these?

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<v Speaker 2>The conversation then turns to October twenty second, nineteen ninety seven,

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<v Speaker 2>the last day Anastasia was seen alive. Kelly says, after school,

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<v Speaker 2>Byron and Justin picked her up, and I just figured.

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<v Speaker 5>It was like a normal day, like we were gonna

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<v Speaker 5>go hang out. When I got in the car with them,

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<v Speaker 5>they asked me if I would help them with something

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<v Speaker 5>and I was like, well what, And Justin's like, well,

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<v Speaker 5>you know, I've been having like a really hard time.

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<v Speaker 5>And he goes, who's the person who's like the biggest

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<v Speaker 5>pain in my ass right now? So I said your

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<v Speaker 5>parents and he was like, no, they're in Tulsa. You know,

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<v Speaker 5>they're not that big of a problem. So I was

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<v Speaker 5>like in Anastasia and he goes, yes, and he said,

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<v Speaker 5>wouldn't my life be a lot easier? She wasn't like around.

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<v Speaker 5>So that's how like all that talk started.

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<v Speaker 3>And where were you when this convers SAFETI was taking

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<v Speaker 3>close in the.

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<v Speaker 5>Car with them, driving around j They come and picked

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<v Speaker 5>me up, Yeah, in Justin's car.

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<v Speaker 3>Then did night just driving around talking about this.

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<v Speaker 6>HM.

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<v Speaker 5>Well they He was saying all this as we were

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<v Speaker 5>on the way to a gas station where they wanted

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<v Speaker 5>me to call her and ask her to meet her

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<v Speaker 5>d meet them at Dairy Queen. But she knew that

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<v Speaker 5>all it was all three of us, And when I

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<v Speaker 5>called her, you know, they said that they he was

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<v Speaker 5>going to get her out there and break up with

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<v Speaker 5>her and all this, and.

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<v Speaker 3>You called Anna sty Yes I did from where.

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<v Speaker 5>From the kick sixty sixth uh gas station in Lennoxa, Kansas.

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<v Speaker 5>And about what time is between four and five?

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<v Speaker 4>I'd say, okay, So in your conversation with Anna stage.

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<v Speaker 3>Or was what it was?

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<v Speaker 5>Just it wasn't long. I just called her and said,

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<v Speaker 5>did uh Firen and Justine they were going to meetup

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<v Speaker 5>with day And She's like, yeah, where am I supposed

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<v Speaker 5>to meet you guys? And I just said the dairy queen?

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<v Speaker 3>Mkay? So she had already You've made arrangement?

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<v Speaker 5>Yeah, I guess sh she'd talk to 'em on the

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<v Speaker 5>phone or earlier that day, but I'm pretty sure they

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<v Speaker 5>were like wanted me to make the phone call probably,

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<v Speaker 5>you know. So she told somebody, yeah, Kelly called, were

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<v Speaker 5>going to go meet up a dairy queen something like that,

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<v Speaker 5>because what were heppened? Okay? And so after that they

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<v Speaker 5>were talking about how he did They did say that

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<v Speaker 5>they were going to shoot her?

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<v Speaker 3>Just sh how did they come out? Uh? I mean,

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<v Speaker 3>are you sitting.

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<v Speaker 4>There listening to t two people playing a a a murder?

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<v Speaker 3>Do you have questions though.

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<v Speaker 5>Yeah, basically I was like, what did you say or

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<v Speaker 5>you know, I said, well, I didn't really think that

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<v Speaker 5>they were gonna do it, because, like I said, the

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<v Speaker 5>whole robbery thing and stuff before. But it was just

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<v Speaker 5>kind of him saying, you know that he was just well,

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<v Speaker 5>Justin was really depressed anyway, him just saying that everything

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<v Speaker 5>would be a lot easier if she was like out

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<v Speaker 5>of the way and all this. And it was also

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<v Speaker 5>they kind of had like Justin had always said that

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<v Speaker 5>he just kind of wanted to kill somebody just to

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<v Speaker 5>I guess to have done it in his lifetime or

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<v Speaker 5>something like that, and Buyer and agreed to it, you know, to.

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<v Speaker 4>Killing somebody or specifically killing Anastasia.

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<v Speaker 5>I heard him talk about like kind of having like

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<v Speaker 5>the morbid curiosity of one because when he before, but

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<v Speaker 5>this time it was specifically her. Mkay.

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<v Speaker 4>And you said when they were talking about this, you

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<v Speaker 4>said what, I.

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<v Speaker 5>Was like, you guys are you guys are not? So

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<v Speaker 5>I was like, you were really not gonna do this?

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<v Speaker 5>And it was just so stupid because it was broad daylight,

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<v Speaker 5>I'd just gotten off school. It was like a week

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<v Speaker 5>day and everything. I was like, you guys, don't even

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<v Speaker 5>I mean, it just seemed ridiculous, you know. And also

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<v Speaker 5>they had when I got in the car, they had

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<v Speaker 5>a bottle of Jack Daniels. So they've been drinking and

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<v Speaker 5>they've been just kind of brooding with each other all day.

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<v Speaker 5>I guess about this or just about something anything.

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<v Speaker 3>Did you see a weapon?

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<v Speaker 5>Uh?

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<v Speaker 3>Uh No, did you ever see a weapon?

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<v Speaker 5>The only weapon I ever saw was I knew at

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<v Speaker 5>Byron's dad's house that I didn't think Justin never had

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<v Speaker 5>one or anything, but I knew at Byron's dad's house

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<v Speaker 5>there was like a hunting rifle or like a shotgun

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<v Speaker 5>of some sort that was up on the wall at

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<v Speaker 5>his dad's house.

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<v Speaker 4>Okay, Uh, if your memory serves me right, when you

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<v Speaker 4>and I talked in the past, you told me about

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<v Speaker 4>a shotgun that Justin out.

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<v Speaker 5>They just knowaned now that must have just been part

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<v Speaker 5>of the story cause of Holly, I never saw having one.

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<v Speaker 4>So uh, it's telling me about the shotgun in the

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<v Speaker 4>past and what you saw.

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<v Speaker 3>Kah, Yeah, Why did you tell me that?

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<v Speaker 5>Because at that point in time, me and Byron thought

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<v Speaker 5>it would just be easier if somebody thought, you know,

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<v Speaker 5>Justin had done it. And since they they had told

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<v Speaker 5>me that they had him on camera buying the shotgun,

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<v Speaker 5>and I kind of went along with it.

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<v Speaker 2>Okay, Okay, Now this is interesting because remember investigators have

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<v Speaker 2>the firearms transaction record for the shotgun Justin purchased in

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<v Speaker 2>September of nineteen ninety seven, just weeks before the murder,

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<v Speaker 2>so that gun did at one point exist.

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<v Speaker 4>Okay, okay, So you're still in the car and they're

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<v Speaker 4>talking about the Yeah, Anastasia and I need more conversation

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<v Speaker 4>about that.

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<v Speaker 5>But Justin was saying that they were talking about, you know,

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<v Speaker 5>who was actually going to do it, and Justin said

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<v Speaker 5>he didn't think that he could actually do it, so

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<v Speaker 5>he asked. Justin was all, it was just weird, you know,

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<v Speaker 5>he was going to do over there he wasn't and

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<v Speaker 5>he asked Byron if he would do it. And also

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<v Speaker 5>cause I don't think Jodin had ever saw a shot

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<v Speaker 5>gun or anything before. So they decided that, uh, Byron

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<v Speaker 5>was gonna do it. And then I just thought, you know,

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<v Speaker 5>that was ridiculous, cause what Byron even had to do

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<v Speaker 5>with it. You know, he knew in the stage that

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<v Speaker 5>he went to high school with her and everything, but it.

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<v Speaker 3>Just seemed, you know, okay, did they talk about how

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<v Speaker 3>they were gonna do?

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<v Speaker 5>They just they said that they had the gun in

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<v Speaker 5>the trunk. I mean he was gonna pop the true shooter,

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<v Speaker 5>but they didn't.

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<v Speaker 3>Who did you hear say that?

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<v Speaker 5>Byron said it? I said, well, how the hell are

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<v Speaker 5>you even gonna do this? I was like, it's froad daylight.

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<v Speaker 5>He's like, well, I don't think it would take very

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<v Speaker 5>long and it's in the trunk. And I was like,

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<v Speaker 5>you know, you don't even how do you even know

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<v Speaker 5>how to shoot a gun or anything? And he's like, well,

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<v Speaker 5>I used to go like hunting with my dad or

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<v Speaker 5>something like that. So I'm not sure like how that happened.

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<v Speaker 5>We ended, We drove out to go get her, picked

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<v Speaker 5>her up. You know, she got in the car.

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<v Speaker 3>You drove out to where to the dairy Queen.

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<v Speaker 5>I don't know which road it was on, but the

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<v Speaker 5>one across the street from Mount Washington.

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<v Speaker 3>Do you uh remember about what time?

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<v Speaker 5>Yes?

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<v Speaker 3>Nay, hum, not really, I don't know. Okay, when you

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<v Speaker 3>arrived at the dry queen? What did you guys do

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<v Speaker 3>She just got in the car. Do you remember what

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<v Speaker 3>she was wearing?

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<v Speaker 5>No? Anymore, I know I'm sure probably just seems in

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<v Speaker 5>like a T shirt or sweat shit, that's usually what

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<v Speaker 5>she wore. I don't say.

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<v Speaker 4>So, you guys are parked out the Dry Queen parking

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<v Speaker 4>lot and uh, Anastasia gets in the car.

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<v Speaker 3>Where was everybody's dating?

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<v Speaker 2>Kelly says. Justin was in the driver's seat. Anna Stesia

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<v Speaker 2>was in the front passenger seat. Kelly was sitting behind Anastasia,

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<v Speaker 2>and Byron was sitting behind Justin conversation.

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<v Speaker 3>Uh what was said?

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<v Speaker 5>Just you know, she gets in the car, small talk

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<v Speaker 5>all this stuff, and she was abating. She was like, Justin,

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<v Speaker 5>you're late, You're always late on the We were just

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<v Speaker 5>kind of uh. Then Justin said that he need to

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<v Speaker 5>talk and everything would drive across the street to Mount

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<v Speaker 5>Washington Cemetery cause I think they they used to go

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<v Speaker 5>out there. I'd only been out there with him like

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<v Speaker 5>once or twice. Then Anna Stezia was kind of up

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<v Speaker 5>because he's like, I need to talk to you, and

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<v Speaker 5>she's like, well, then why'd you bring them? You know,

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<v Speaker 5>She's like sh She was kind of like embarrassed that

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<v Speaker 5>he wanted to talk about their relationship in front. I

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<v Speaker 5>guess of uh, me and Byron. So we're driving around.

0:11:13.679 --> 0:11:15.640
<v Speaker 5>She's kind of driving aimlessly. It was like they had

0:11:15.720 --> 0:11:17.800
<v Speaker 5>they had no spot, they knew where they were gonna

0:11:17.800 --> 0:11:20.800
<v Speaker 5>do this or anything. Now this is not watching. Yes,

0:11:20.800 --> 0:11:24.520
<v Speaker 5>we're start watching the cemetery. So we're driving around. They're

0:11:24.920 --> 0:11:26.840
<v Speaker 5>kind of bickering and stuff the whole way. Me and

0:11:26.840 --> 0:11:28.520
<v Speaker 5>Byron are standing in the back of the car drinking,

0:11:29.320 --> 0:11:33.640
<v Speaker 5>and I don't know how long we drove around in there,

0:11:34.480 --> 0:11:37.679
<v Speaker 5>and so finally I got we exited the cemetery. But

0:11:38.120 --> 0:11:38.520
<v Speaker 5>uh huh.

0:11:38.640 --> 0:11:42.199
<v Speaker 4>Before you exited the cemetery, did you come into contact

0:11:42.240 --> 0:11:42.960
<v Speaker 4>with anybody?

0:11:43.760 --> 0:11:45.840
<v Speaker 5>I think we saw the grounds keep a guy like

0:11:45.880 --> 0:11:49.160
<v Speaker 5>in his car or something. I don't remember really.

0:11:49.320 --> 0:11:50.800
<v Speaker 3>Any anybody get out of the car.

0:11:51.600 --> 0:11:52.360
<v Speaker 5>I don't think so.

0:11:52.600 --> 0:11:53.640
<v Speaker 3>Even briefly.

0:11:54.360 --> 0:11:57.240
<v Speaker 5>I th actually I think maybe Jocelyn and a stage

0:11:57.280 --> 0:11:59.400
<v Speaker 5>I got up for a little bit. You remember where

0:12:00.320 --> 0:12:02.839
<v Speaker 5>it was that It was at a mausoleum of some

0:12:02.880 --> 0:12:07.880
<v Speaker 5>sort something. I think they got I think I can't remember. Well,

0:12:07.920 --> 0:12:10.600
<v Speaker 5>I mean it was just briefly got out of the car,

0:12:10.720 --> 0:12:13.240
<v Speaker 5>just kind of walked around a little bit, but didn't

0:12:13.320 --> 0:12:15.320
<v Speaker 5>It was like out of the car, kind of got out,

0:12:15.360 --> 0:12:16.560
<v Speaker 5>looked around while I kind of.

0:12:16.520 --> 0:12:17.800
<v Speaker 3>A little bit got back, so they were out of

0:12:17.840 --> 0:12:18.760
<v Speaker 3>the car for a few minutes.

0:12:18.880 --> 0:12:19.040
<v Speaker 5>Yeah.

0:12:19.520 --> 0:12:22.480
<v Speaker 4>Human, And did you and uh Byron have any conversation

0:12:22.559 --> 0:12:23.240
<v Speaker 4>while they were out.

0:12:23.120 --> 0:12:25.480
<v Speaker 5>Of the car. No, not really. Well, I was just like,

0:12:25.760 --> 0:12:27.719
<v Speaker 5>you know, this is ridiculous, blah blah blah. You know,

0:12:27.760 --> 0:12:29.480
<v Speaker 5>you guys aren't really gonna do this. I ask if

0:12:29.480 --> 0:12:32.080
<v Speaker 5>they had like planned it for a while. He said

0:12:32.080 --> 0:12:34.559
<v Speaker 5>that they'd been like talking about it, and I was

0:12:34.640 --> 0:12:36.160
<v Speaker 5>just like, well, I was like, hopefully, you know, they'll

0:12:36.200 --> 0:12:40.200
<v Speaker 5>just break up and it'll be over. So but I

0:12:40.240 --> 0:12:42.800
<v Speaker 5>can't really remember like exact conversation about it.

0:12:42.800 --> 0:12:47.120
<v Speaker 4>Well, prior to that particular day, did you know anything

0:12:47.160 --> 0:12:48.319
<v Speaker 4>about them talking.

0:12:48.080 --> 0:12:48.880
<v Speaker 3>About doing thathing?

0:12:48.960 --> 0:12:51.079
<v Speaker 5>No? They always kind of had rich schemes and stuff

0:12:51.120 --> 0:12:53.520
<v Speaker 5>like that. That's why it seemed so ridiculous, cause it was

0:12:53.600 --> 0:12:56.120
<v Speaker 5>just like it came out of nowhere, mkay for this, cause,

0:12:56.160 --> 0:12:58.559
<v Speaker 5>like I said, probably just a week or two prior

0:12:58.600 --> 0:13:00.520
<v Speaker 5>to that, Justin's little thing, and then that they.

0:13:00.480 --> 0:13:03.360
<v Speaker 4>Were in Rock's parent Okay, So, uh, they did get

0:13:03.400 --> 0:13:06.520
<v Speaker 4>back in the car and you exited, they.

0:13:06.559 --> 0:13:10.200
<v Speaker 3>Yeah, Mount Washington Cemetery. Where'd you go from there?

0:13:11.240 --> 0:13:12.960
<v Speaker 5>They were just driving around kind of looking for a

0:13:13.040 --> 0:13:15.199
<v Speaker 5>park or some of a place where they could talk

0:13:16.120 --> 0:13:17.839
<v Speaker 5>or whatever. But I mean it was still light out,

0:13:17.960 --> 0:13:22.520
<v Speaker 5>I basically and everything, and somehow they ended up in

0:13:22.520 --> 0:13:24.520
<v Speaker 5>the little cemetery where she was shot. I don't really

0:13:24.600 --> 0:13:28.040
<v Speaker 5>quite remember where it was and everything. I guess it

0:13:28.080 --> 0:13:29.680
<v Speaker 5>was kind of like Justin and Baron kind of looked

0:13:29.679 --> 0:13:31.360
<v Speaker 5>at each other when they pulled them there. I guess

0:13:31.840 --> 0:13:33.360
<v Speaker 5>it was like but it was still ripe pace.

0:13:33.520 --> 0:13:37.840
<v Speaker 4>Did they go anywhere else before you got to bat location?

0:13:38.000 --> 0:13:38.720
<v Speaker 5>I don't think so.

0:13:39.520 --> 0:13:40.600
<v Speaker 3>Mkay, you don't think so.

0:13:40.679 --> 0:13:42.720
<v Speaker 5>I don't. Uh, I don't really recall. I mean, I

0:13:42.760 --> 0:13:45.800
<v Speaker 5>think they were just kind of driving to a park.

0:13:45.880 --> 0:13:47.079
<v Speaker 3>Didn't go to anybody's house.

0:13:47.480 --> 0:13:51.079
<v Speaker 4>No, So they were just a constant just driving or yeah,

0:13:51.200 --> 0:13:53.000
<v Speaker 4>looking until you get to this point.

0:13:53.200 --> 0:13:56.160
<v Speaker 3>Yeah, what's Lincoln? The cemetery was where.

0:13:56.000 --> 0:13:57.640
<v Speaker 5>She was sho Okay, yeah, then we got there.

0:13:57.640 --> 0:14:01.040
<v Speaker 4>Okay, do you remember which uh you'd you pulled into

0:14:01.600 --> 0:14:05.440
<v Speaker 4>her from to get into the mm cemetery and you

0:14:05.559 --> 0:14:07.440
<v Speaker 4>know the streets that bordered Lincoln Cemetery?

0:14:07.600 --> 0:14:09.480
<v Speaker 5>Mm mm no, I don't. I think it was a

0:14:09.640 --> 0:14:11.719
<v Speaker 5>it was a back entrance to it.

0:14:11.840 --> 0:14:13.760
<v Speaker 3>Sumhow could you describe that too?

0:14:14.320 --> 0:14:15.360
<v Speaker 5>No, not really.

0:14:15.520 --> 0:14:17.439
<v Speaker 3>I mean it was it uh on a hill? Was

0:14:17.480 --> 0:14:18.240
<v Speaker 3>it straight away?

0:14:18.360 --> 0:14:21.240
<v Speaker 5>I just curved with uh you know, No, I think

0:14:21.280 --> 0:14:22.640
<v Speaker 5>it was cause I we didn't.

0:14:23.040 --> 0:14:23.680
<v Speaker 3>I don't think.

0:14:24.240 --> 0:14:26.600
<v Speaker 5>I don't think we got to it from main Street.

0:14:27.160 --> 0:14:30.480
<v Speaker 5>I think it was like through some gravel thing or something.

0:14:30.760 --> 0:14:33.320
<v Speaker 5>By last year, i'd probably have to see place first

0:14:33.320 --> 0:14:35.720
<v Speaker 5>to see which lake, cause I haven't. I mean I

0:14:35.760 --> 0:14:37.480
<v Speaker 5>went back there once because I knew there was a

0:14:37.520 --> 0:14:39.880
<v Speaker 5>little bit more. I don't think for her there, but that's.

0:14:39.720 --> 0:14:43.360
<v Speaker 4>It, okay, send Uh So you eventually stopped then at

0:14:43.360 --> 0:14:45.600
<v Speaker 4>a n location in Lincoln, seb.

0:14:45.560 --> 0:14:47.480
<v Speaker 3>Yeah, what happened.

0:14:48.080 --> 0:14:49.400
<v Speaker 5>Justin and I stays I got out of the cart

0:14:49.400 --> 0:14:52.640
<v Speaker 5>of talk, you know, like once again they got out

0:14:52.640 --> 0:14:54.720
<v Speaker 5>and they were kind of over on like the driver's side,

0:14:54.880 --> 0:14:57.560
<v Speaker 5>seeing they're talking, just like yelling at each other. Yeah,

0:14:57.600 --> 0:14:59.200
<v Speaker 5>so me and bron are kind of still sitting in

0:14:59.280 --> 0:15:01.760
<v Speaker 5>the back like during well at least I was. I

0:15:01.800 --> 0:15:03.760
<v Speaker 5>was just sick the drinking, kind of just like listening

0:15:03.760 --> 0:15:05.600
<v Speaker 5>to him and yell at each other and everything like that.

0:15:06.080 --> 0:15:07.480
<v Speaker 3>Was it still light or dark?

0:15:08.400 --> 0:15:11.680
<v Speaker 5>I think it was starting to get dark. I don't think.

0:15:12.400 --> 0:15:14.280
<v Speaker 5>I mean, it wasn't like pitch flack. But I know

0:15:14.360 --> 0:15:17.600
<v Speaker 5>it wasn't cr It wasn't like complete daylight, cause I

0:15:17.600 --> 0:15:20.640
<v Speaker 5>remember I think I remember seeing headline and stuff with

0:15:20.760 --> 0:15:23.640
<v Speaker 5>cars like passing on the street or by there. So

0:15:24.600 --> 0:15:28.840
<v Speaker 5>they're out of the car talking fighting or whatever, and.

0:15:28.920 --> 0:15:31.120
<v Speaker 3>Uh, could you hear anything being said.

0:15:31.360 --> 0:15:35.200
<v Speaker 5>Yeah, it was just basically her telling him to bug off,

0:15:35.280 --> 0:15:38.000
<v Speaker 5>just like an argument earlier in the car. She'd taken

0:15:38.040 --> 0:15:39.440
<v Speaker 5>off this ring he gave her and threw it at

0:15:39.520 --> 0:15:41.920
<v Speaker 5>him and all this stuff, and he was just telling

0:15:41.960 --> 0:15:45.000
<v Speaker 5>her to like calm down, and she was just you know,

0:15:45.120 --> 0:15:47.120
<v Speaker 5>telling him. She's like, I can't believe you're not emotional

0:15:47.160 --> 0:15:48.680
<v Speaker 5>about those just that kind of stuff.

0:15:48.760 --> 0:15:50.800
<v Speaker 3>Do you know what happened to that ring? Mmm?

0:15:51.840 --> 0:15:56.680
<v Speaker 5>Great. So we're just sitting back there and Byron tells

0:15:56.760 --> 0:15:59.080
<v Speaker 5>me to stay in the car, and he got out

0:15:59.080 --> 0:16:01.400
<v Speaker 5>of the car. He pushed justin c for it or

0:16:01.720 --> 0:16:05.600
<v Speaker 5>got out, and so he gets out of the car.

0:16:05.800 --> 0:16:08.280
<v Speaker 5>That's all happened in a matter probably I don't know,

0:16:08.360 --> 0:16:11.120
<v Speaker 5>like thirty seconds. It was really quickly. He got out

0:16:11.160 --> 0:16:13.520
<v Speaker 5>of the car and I saw him go around to

0:16:13.560 --> 0:16:16.680
<v Speaker 5>the back of the trunk and I could hear Justin

0:16:16.840 --> 0:16:21.240
<v Speaker 5>yelling at him in German saying what saying like never mind,

0:16:21.280 --> 0:16:22.760
<v Speaker 5>never mind?

0:16:23.160 --> 0:16:26.160
<v Speaker 3>Okay, uh stop say that in German.

0:16:26.840 --> 0:16:28.240
<v Speaker 5>No. But I mean at the time I was in

0:16:28.840 --> 0:16:31.760
<v Speaker 5>that's what cause. Okay, but you'll figure out how I

0:16:31.840 --> 0:16:32.800
<v Speaker 5>knew that what he was saying.

0:16:32.800 --> 0:16:34.080
<v Speaker 3>I that's what I'm to figure out.

0:16:34.120 --> 0:16:37.080
<v Speaker 5>Yeah, when he got back in the car after well,

0:16:37.160 --> 0:16:40.120
<v Speaker 5>okay here, so he's saying like stop, he's saying that

0:16:40.160 --> 0:16:42.720
<v Speaker 5>in English and he's saying never mind like in German.

0:16:43.240 --> 0:16:46.120
<v Speaker 5>But Byron, I guess was fokes on what he was

0:16:46.160 --> 0:16:49.880
<v Speaker 5>doing or whatever. When he had gotten out of the car,

0:16:50.000 --> 0:16:53.560
<v Speaker 5>the keys were in the ignission, so he'd like grab

0:16:53.640 --> 0:16:55.280
<v Speaker 5>the keys. I could hear'em, you know, like open the

0:16:55.320 --> 0:17:07.800
<v Speaker 5>trunk and got out the gun and shot her.

0:17:12.600 --> 0:17:15.840
<v Speaker 2>Kelly Moffatt just told Sergeant Kilgore. On the night of

0:17:15.880 --> 0:17:19.840
<v Speaker 2>October twenty second, nineteen ninety seven, she witnessed her then

0:17:19.920 --> 0:17:24.720
<v Speaker 2>boyfriend Byron Case shoot her friend Anastasia Whitfelsfugen close to

0:17:24.720 --> 0:17:25.080
<v Speaker 2>the car.

0:17:25.200 --> 0:17:27.479
<v Speaker 5>I like saw hoping that happened, and the whole time

0:17:27.640 --> 0:17:31.680
<v Speaker 5>Justin was yelling at her exactly. I saw him get

0:17:31.720 --> 0:17:35.520
<v Speaker 5>the gun out, just go do a little I don't

0:17:35.520 --> 0:17:36.680
<v Speaker 5>know what he did, just the whole.

0:17:36.960 --> 0:17:39.720
<v Speaker 3>Tell me what you think he did. What did you hear?

0:17:40.720 --> 0:17:42.199
<v Speaker 5>Well, I don't think I don't think I heard that

0:17:42.280 --> 0:17:46.400
<v Speaker 5>little because they were still talking so much. I don't

0:17:46.440 --> 0:17:49.240
<v Speaker 5>think he did the little the little teaching thing. But

0:17:49.280 --> 0:17:51.159
<v Speaker 5>I don't I don't think he did that. I just

0:17:51.160 --> 0:17:52.239
<v Speaker 5>thowting with it.

0:17:52.320 --> 0:17:55.840
<v Speaker 3>Were you describing to me as like a pump shotgun?

0:17:56.359 --> 0:17:57.800
<v Speaker 5>No, I'm not sure if he did that. I saw

0:17:57.840 --> 0:18:00.520
<v Speaker 5>him kind of filling with it for a couple seconds,

0:18:01.359 --> 0:18:03.560
<v Speaker 5>but it he just like grabbed it out and walked

0:18:03.600 --> 0:18:05.399
<v Speaker 5>down the side of the car. I think it was

0:18:05.440 --> 0:18:07.960
<v Speaker 5>double barreled though, cause it looked like an old gun.

0:18:08.200 --> 0:18:11.040
<v Speaker 3>Which side of the car we him or me?

0:18:12.119 --> 0:18:12.399
<v Speaker 5>Where?

0:18:12.560 --> 0:18:13.560
<v Speaker 3>Uh?

0:18:13.960 --> 0:18:16.480
<v Speaker 4>Just then then Anastas or they were on the h

0:18:16.560 --> 0:18:18.840
<v Speaker 4>driver's side of the driver's side, say like.

0:18:18.840 --> 0:18:20.159
<v Speaker 5>Here's the back of the car. All he had to

0:18:20.160 --> 0:18:22.440
<v Speaker 5>do he got out, got it and then went cause

0:18:22.440 --> 0:18:25.440
<v Speaker 5>they were still pretty close to the car. Okay, And

0:18:25.560 --> 0:18:27.159
<v Speaker 5>it just all happened in a matter of seconds. He

0:18:27.240 --> 0:18:28.400
<v Speaker 5>just lifted it up and shot.

0:18:28.160 --> 0:18:31.359
<v Speaker 3>Her, just lifted it up and shot. Where'd you shoot

0:18:31.359 --> 0:18:31.639
<v Speaker 3>her at?

0:18:32.880 --> 0:18:34.080
<v Speaker 5>Just in the head?

0:18:35.840 --> 0:18:36.080
<v Speaker 3>Kay?

0:18:36.680 --> 0:18:38.080
<v Speaker 5>Did you see pretty close to the car.

0:18:38.280 --> 0:18:39.320
<v Speaker 3>Did you see her fall down?

0:18:39.400 --> 0:18:43.600
<v Speaker 5>Yeah, how did she fall? It fell back? Well, it

0:18:43.640 --> 0:18:46.720
<v Speaker 5>was like kind of like an explosion, you know, it

0:18:46.920 --> 0:18:53.399
<v Speaker 5>just I mean, it just knocked her backwards, the whole thing, Okay,

0:18:54.800 --> 0:18:58.800
<v Speaker 5>and really quickly by and just like threw that thing

0:18:58.840 --> 0:19:02.600
<v Speaker 5>in the the gun in the trunk again, you know,

0:19:02.680 --> 0:19:05.440
<v Speaker 5>like opened it up through it in there was like.

0:19:05.520 --> 0:19:07.399
<v Speaker 3>Did you see her fall to the ground?

0:19:07.840 --> 0:19:08.040
<v Speaker 5>Yes?

0:19:08.880 --> 0:19:10.639
<v Speaker 3>And what position did she fall in?

0:19:12.000 --> 0:19:13.639
<v Speaker 5>I don't know, cause I remember I looked at that

0:19:13.680 --> 0:19:16.159
<v Speaker 5>and then just kind of, you know, obviously sawed. I

0:19:16.240 --> 0:19:18.359
<v Speaker 5>like screamed and kind of looked away, and then I

0:19:18.400 --> 0:19:20.080
<v Speaker 5>looked back and I couldn't really she was just I

0:19:20.080 --> 0:19:23.280
<v Speaker 5>think she was on her back just like that. I'm

0:19:23.320 --> 0:19:26.240
<v Speaker 5>pretty sure it locked her backwards cause I just remember

0:19:26.320 --> 0:19:27.760
<v Speaker 5>kind of seeing her body on the ground like that.

0:19:28.600 --> 0:19:32.360
<v Speaker 3>Kay, And uh then what happened then?

0:19:33.640 --> 0:19:36.440
<v Speaker 5>Justin like freaked out. He was like, oh my god,

0:19:36.480 --> 0:19:39.679
<v Speaker 5>Oh my god. And they got in the car, you know,

0:19:39.760 --> 0:19:41.720
<v Speaker 5>Barne's like getting in the car, getting the cars ruled.

0:19:41.720 --> 0:19:43.600
<v Speaker 5>Like I said, we're right by a street and everything.

0:19:45.200 --> 0:19:45.840
<v Speaker 5>We jump in.

0:19:46.920 --> 0:19:48.240
<v Speaker 3>Can you say we jump No?

0:19:48.359 --> 0:19:50.399
<v Speaker 5>I was in the car. No I didn't. I'm' just

0:19:50.400 --> 0:19:52.640
<v Speaker 5>say they did it up time, Okay, So they get

0:19:52.680 --> 0:19:55.919
<v Speaker 5>into the car and and then I said it all

0:19:55.960 --> 0:19:57.240
<v Speaker 5>happened in like a matter of seconds.

0:19:57.320 --> 0:20:01.760
<v Speaker 3>What uh who was driving? Justin was trying okay, and

0:20:01.920 --> 0:20:04.000
<v Speaker 3>where did Byron? Where did he sit.

0:20:04.280 --> 0:20:09.199
<v Speaker 5>In the front passenger's seat? Okay, So they get in

0:20:09.200 --> 0:20:12.080
<v Speaker 5>the car and Justin drives off, and Justin's like, that's

0:20:12.080 --> 0:20:13.440
<v Speaker 5>how I knew what he said in German. He was

0:20:13.520 --> 0:20:15.440
<v Speaker 5>kind of freaking out. He was like, oh my god,

0:20:15.480 --> 0:20:17.320
<v Speaker 5>oh my god, he goes. Didn't you hear me telling

0:20:17.359 --> 0:20:20.280
<v Speaker 5>you to never mind? To stop and everything like that?

0:20:21.560 --> 0:20:24.600
<v Speaker 5>As Byron said, He's like no, He's like, I was

0:20:24.640 --> 0:20:26.520
<v Speaker 5>concentrated on that. He goes, and once you know, I

0:20:26.520 --> 0:20:27.840
<v Speaker 5>got out of the car, He's like, what else was

0:20:27.840 --> 0:20:30.520
<v Speaker 5>I supposed to do? Cause you'd already you know, got

0:20:30.560 --> 0:20:32.119
<v Speaker 5>a gun out or whatever. He's like, what was I

0:20:32.200 --> 0:20:36.400
<v Speaker 5>supposed to do? And Justin was just like flipped out

0:20:37.880 --> 0:20:42.159
<v Speaker 5>the whole time, like he was driving. Eventually he went

0:20:42.200 --> 0:20:44.240
<v Speaker 5>to some I don't know if it was pre planned

0:20:44.280 --> 0:20:46.000
<v Speaker 5>or not. It didn't really seem like it. He just

0:20:46.040 --> 0:20:50.880
<v Speaker 5>drove up to some railroad tracks and uh, Byrone got

0:20:50.920 --> 0:20:51.280
<v Speaker 5>out and.

0:20:51.359 --> 0:20:52.040
<v Speaker 7>Threw the gun.

0:20:52.520 --> 0:20:54.119
<v Speaker 3>How far away from the cemetery?

0:20:54.800 --> 0:20:56.760
<v Speaker 5>I don't know. I don't think it was very far.

0:20:56.960 --> 0:20:57.919
<v Speaker 3>Do you remember what street?

0:20:58.680 --> 0:20:59.280
<v Speaker 2>Hm?

0:20:59.600 --> 0:21:02.399
<v Speaker 5>If I I would probably remember that on remember what street?

0:21:04.600 --> 0:21:06.640
<v Speaker 5>So when they did that, when he threw the gun

0:21:06.680 --> 0:21:10.440
<v Speaker 5>out and everything, Justin was like so shaken up and

0:21:10.480 --> 0:21:15.480
<v Speaker 5>everything that Byron drove and he drove back to Justin's condo,

0:21:16.280 --> 0:21:19.520
<v Speaker 5>and I remember just because Byron seemed to really calm

0:21:19.520 --> 0:21:21.680
<v Speaker 5>about I remember Justin saying, he goes, I don't understand

0:21:21.680 --> 0:21:23.359
<v Speaker 5>how you seem so calm about this. It's like you

0:21:23.400 --> 0:21:26.160
<v Speaker 5>had like two brains to like put it in, because

0:21:26.160 --> 0:21:27.800
<v Speaker 5>he was just we were just in like this, and

0:21:28.400 --> 0:21:31.040
<v Speaker 5>Byron kind of seems normal, you know, he could drive

0:21:31.080 --> 0:21:35.879
<v Speaker 5>and everything. So got back to Justin's condo.

0:21:37.960 --> 0:21:41.480
<v Speaker 2>Kelly says, at Justin's condo they came up with the story.

0:21:41.520 --> 0:21:45.159
<v Speaker 2>They will eventually tell everybody that Anastasia got out of

0:21:45.200 --> 0:21:48.240
<v Speaker 2>the car at Truman Road and the I four thirty five.

0:21:50.520 --> 0:21:53.400
<v Speaker 2>Kelly says that Byron was the one leading the narrative

0:21:53.480 --> 0:21:55.600
<v Speaker 2>because Justin was almost incoherent.

0:21:56.160 --> 0:21:57.320
<v Speaker 1>He was so shaken up.

0:21:57.400 --> 0:22:00.480
<v Speaker 5>For a little bit and everything, and you know, like

0:22:00.520 --> 0:22:02.959
<v Speaker 5>you are you He kept repeating the thing over and

0:22:03.000 --> 0:22:05.560
<v Speaker 5>over again because they knew that people were obviously going

0:22:05.600 --> 0:22:10.520
<v Speaker 5>to be questioned, and so finally it was getting pretty late,

0:22:10.960 --> 0:22:12.560
<v Speaker 5>and you know, they didn't want it to seem like

0:22:12.720 --> 0:22:14.800
<v Speaker 5>anything weird it happen. I had to be home between

0:22:14.840 --> 0:22:19.119
<v Speaker 5>like ninety nine thirty, so drove back to my house

0:22:20.840 --> 0:22:27.240
<v Speaker 5>and went inside, and Justin asked to use the phone

0:22:27.320 --> 0:22:29.040
<v Speaker 5>because Barne was like, well, what are we going to say?

0:22:29.080 --> 0:22:30.960
<v Speaker 5>You know happened to her and all that, you know,

0:22:31.000 --> 0:22:34.840
<v Speaker 5>how we're gonna he had to contact somebody. So they

0:22:34.880 --> 0:22:38.680
<v Speaker 5>came in and Justin used my phone and called her house.

0:22:38.680 --> 0:22:40.840
<v Speaker 5>I don't know who he talked to though, and told

0:22:41.200 --> 0:22:44.119
<v Speaker 5>her sister the story that they've made up that she

0:22:44.200 --> 0:22:48.200
<v Speaker 5>got out of the car and everything, and Byron made

0:22:48.200 --> 0:22:50.560
<v Speaker 5>it a point to in front of my mom say yeah,

0:22:50.720 --> 0:22:52.800
<v Speaker 5>you know, Anna Stasia jumped out of the car and everything.

0:22:52.800 --> 0:22:54.320
<v Speaker 5>I guess made it more like believable.

0:22:54.760 --> 0:22:57.439
<v Speaker 2>And they left and I didn't Kelly says Byron, and

0:22:57.600 --> 0:23:01.520
<v Speaker 2>Justin left soon after, and late that night she spoke

0:23:01.520 --> 0:23:02.639
<v Speaker 2>with Byron again.

0:23:02.960 --> 0:23:05.000
<v Speaker 5>And I don't know, Byron just didn't seem very pricked

0:23:05.040 --> 0:23:07.119
<v Speaker 5>out about the whole thing. It was like he didn't

0:23:07.160 --> 0:23:09.320
<v Speaker 5>really I don't think he really understood how great doubt.

0:23:09.359 --> 0:23:12.159
<v Speaker 4>You know, Justin was when you were talking to the

0:23:12.160 --> 0:23:16.119
<v Speaker 4>Byron later that night, did you.

0:23:19.080 --> 0:23:20.680
<v Speaker 3>Ask him anything like how could you?

0:23:20.840 --> 0:23:24.480
<v Speaker 5>Yeah, exact yeah. I was like, well how did you

0:23:24.480 --> 0:23:26.399
<v Speaker 5>you know, how could you do that? Or whatever? And

0:23:26.440 --> 0:23:28.440
<v Speaker 5>I was like, there's really there was like no reason

0:23:28.560 --> 0:23:30.760
<v Speaker 5>for it. And he was like, well, you know, once

0:23:30.800 --> 0:23:33.960
<v Speaker 5>I got the gun out, there was like turning back

0:23:34.000 --> 0:23:35.840
<v Speaker 5>and everything. And I was like, well, why you know

0:23:35.880 --> 0:23:38.320
<v Speaker 5>did it happen in the first place? And he goes, well,

0:23:38.440 --> 0:23:40.440
<v Speaker 5>Justin asked me to do it, and you know, because

0:23:40.480 --> 0:23:41.920
<v Speaker 5>he couldn't do it. He goes, and he shouldn't have

0:23:42.000 --> 0:23:43.680
<v Speaker 5>asked me to do it if like he didn't want

0:23:43.680 --> 0:23:47.520
<v Speaker 5>it to be done basically, and so and that's why

0:23:47.520 --> 0:23:49.280
<v Speaker 5>I said. I go, well, you do realize that this

0:23:49.359 --> 0:23:51.520
<v Speaker 5>makes you like a murderer. And I remember exactly what

0:23:51.520 --> 0:23:52.920
<v Speaker 5>he said. He goes, no, he goes, I think a

0:23:53.040 --> 0:23:55.679
<v Speaker 5>murder of someone who doesn't feel bad about like what

0:23:55.760 --> 0:23:58.199
<v Speaker 5>they did. He's like, well, I feel bad, but it

0:23:58.240 --> 0:23:58.960
<v Speaker 5>already happened.

0:24:00.720 --> 0:24:07.840
<v Speaker 2>So kil Gore turns over the tape. Kelly says the

0:24:07.840 --> 0:24:11.720
<v Speaker 2>next time she spoke with Byron was the following day, Thursday,

0:24:12.040 --> 0:24:14.639
<v Speaker 2>after she got back from her grandmother's house.

0:24:14.680 --> 0:24:17.200
<v Speaker 4>And you came out and talk to me first time.

0:24:17.240 --> 0:24:21.000
<v Speaker 4>I believe that was on the following Friday. Okay, so

0:24:21.119 --> 0:24:25.880
<v Speaker 4>you talked to Byron on Thursday, and did you talk about.

0:24:26.840 --> 0:24:31.240
<v Speaker 5>Just Well, obviously, you know, that was the focus of

0:24:31.280 --> 0:24:34.480
<v Speaker 5>the conversation. I remember him talking about that they couldn't

0:24:34.480 --> 0:24:37.720
<v Speaker 5>find Justin, like he'd called there and he wasn't there,

0:24:38.400 --> 0:24:42.760
<v Speaker 5>everything like that. Just you know, I was like, you know,

0:24:42.880 --> 0:24:45.040
<v Speaker 5>freaked out, what are we gonna do? You know, where

0:24:45.119 --> 0:24:47.840
<v Speaker 5>to Justin and all this? And then I obviously asked him,

0:24:47.880 --> 0:24:51.040
<v Speaker 5>I was like, had you guys been planning this and everything? Friend?

0:24:51.080 --> 0:24:54.600
<v Speaker 5>He said yeah, And I said, well, why did you,

0:24:54.600 --> 0:24:56.480
<v Speaker 5>you know, bring me into this and all this?

0:24:56.880 --> 0:24:57.720
<v Speaker 3>And he's like, well, I.

0:24:57.720 --> 0:25:01.560
<v Speaker 5>Guess we needed somebody to call her, and cause you

0:25:01.600 --> 0:25:03.200
<v Speaker 5>know I didn't, I was like, well, why'd you bring

0:25:03.240 --> 0:25:05.080
<v Speaker 5>I was kind of, you know, like bad, like, why'd

0:25:05.119 --> 0:25:06.560
<v Speaker 5>you bring me into this and everything?

0:25:07.520 --> 0:25:09.960
<v Speaker 4>Did you guys go over, uh the story that you

0:25:09.960 --> 0:25:10.879
<v Speaker 4>were gonna tell the police?

0:25:11.160 --> 0:25:15.880
<v Speaker 5>Yeah? He had. Yeah, he was like talking about that

0:25:16.080 --> 0:25:19.480
<v Speaker 5>like quite a bit. Now.

0:25:19.520 --> 0:25:27.240
<v Speaker 3>You and I went out the few days later and.

0:25:25.240 --> 0:25:29.840
<v Speaker 4>And uh, you know, we discussed the circumstances there and

0:25:29.920 --> 0:25:31.199
<v Speaker 4>the events that it happened.

0:25:31.240 --> 0:25:34.040
<v Speaker 3>Did you and your mother went with me and I.

0:25:33.960 --> 0:25:36.679
<v Speaker 4>Asked you to show me the path and the route

0:25:36.680 --> 0:25:42.240
<v Speaker 4>that you guys would taken. Did you uh seemed pretty

0:25:42.480 --> 0:25:46.880
<v Speaker 4>uh sure of yourself when you were telling me where.

0:25:46.720 --> 0:25:50.119
<v Speaker 3>To go and what you guys did. Did you uh

0:25:50.440 --> 0:25:52.040
<v Speaker 3>go over that with Byron? Also?

0:25:52.240 --> 0:25:54.840
<v Speaker 5>Yeah, Byron when he had said, cause I don't know

0:25:54.880 --> 0:25:58.280
<v Speaker 5>independence at all, when he said that she was, you know,

0:25:58.560 --> 0:26:00.199
<v Speaker 5>where she got out of the car and every thing

0:26:00.320 --> 0:26:06.679
<v Speaker 5>like that, I believe I think it was the next

0:26:06.760 --> 0:26:09.840
<v Speaker 5>day or the day after, you know, when he obviously

0:26:09.880 --> 0:26:11.880
<v Speaker 5>knew that we're gonna have to talk to you guys.

0:26:11.960 --> 0:26:14.320
<v Speaker 5>He took me out there to the spot He's like,

0:26:14.359 --> 0:26:15.879
<v Speaker 5>a miss, is where you know you're gonna say that

0:26:15.920 --> 0:26:17.439
<v Speaker 5>she got out of the car, which was at that

0:26:17.480 --> 0:26:18.040
<v Speaker 5>stop light?

0:26:18.520 --> 0:26:20.760
<v Speaker 3>Okay, it would have been at Truman in four thirty five.

0:26:21.480 --> 0:26:24.280
<v Speaker 4>I believe when you and I talked the first time

0:26:24.400 --> 0:26:27.240
<v Speaker 4>on Friday, you drove me, drew me out of a little

0:26:27.280 --> 0:26:31.560
<v Speaker 4>mass You recall doing that, yeah, and so then move

0:26:31.600 --> 0:26:32.920
<v Speaker 4>Byron drove you around.

0:26:33.119 --> 0:26:35.399
<v Speaker 5>She drove me out there saying, you know, this is

0:26:35.440 --> 0:26:37.760
<v Speaker 5>where we're gonna say she got out because I was

0:26:37.840 --> 0:26:40.960
<v Speaker 5>that was He was like worried about that because I

0:26:40.960 --> 0:26:43.440
<v Speaker 5>didn't know, you know, where we were, where we'd gone.

0:26:43.800 --> 0:26:46.240
<v Speaker 5>Whose car were you when he drove out there?

0:26:47.080 --> 0:26:49.199
<v Speaker 3>I believe you know what kind of car it was.

0:26:49.720 --> 0:26:52.840
<v Speaker 2>Tilgore circles back to the shooting and asks Kelly to

0:26:52.880 --> 0:26:57.320
<v Speaker 2>show him, specifically the position of Justin's car at Lincoln Cemetery.

0:26:57.880 --> 0:27:00.280
<v Speaker 2>Although it's not set out loud, it sounds like Kelly

0:27:00.320 --> 0:27:01.440
<v Speaker 2>is drawing a map for him.

0:27:01.960 --> 0:27:04.560
<v Speaker 5>See, they wasn't that far from the road. Probably the

0:27:04.640 --> 0:27:07.240
<v Speaker 5>road was like here, do want me to show where?

0:27:07.240 --> 0:27:07.800
<v Speaker 5>Like the people are?

0:27:07.960 --> 0:27:08.120
<v Speaker 3>Sure?

0:27:08.280 --> 0:27:13.000
<v Speaker 5>Okay, okay, so that's I'm like the back passenger seat

0:27:13.040 --> 0:27:17.800
<v Speaker 5>at first, bron was obviously sitting there. Justin and Anastagia

0:27:17.840 --> 0:27:23.480
<v Speaker 5>got out. They weren't very far from the car. Let's

0:27:23.480 --> 0:27:27.080
<v Speaker 5>just stay here. Justin was probably like there and Anna

0:27:27.119 --> 0:27:31.679
<v Speaker 5>Sasa was there. They were talking. So byrone, you know,

0:27:31.680 --> 0:27:34.159
<v Speaker 5>got out of the car, went right around there, and

0:27:34.240 --> 0:27:36.920
<v Speaker 5>he was pretty close to where just got it out

0:27:36.960 --> 0:27:38.919
<v Speaker 5>to like a thick a step forward or so. He

0:27:39.040 --> 0:27:41.160
<v Speaker 5>wasn't like walking around a lot. He just got right out,

0:27:41.200 --> 0:27:45.320
<v Speaker 5>went back to the trunk and hop gun.

0:27:45.800 --> 0:27:47.600
<v Speaker 3>How close was he when he shot her.

0:27:47.920 --> 0:27:51.119
<v Speaker 5>To her or to the car to her? Pretty close?

0:27:51.400 --> 0:27:55.600
<v Speaker 5>And probably say, I don't hear to that wall. He

0:27:55.640 --> 0:27:58.600
<v Speaker 5>wasn't very far at all. He's close to her.

0:27:58.640 --> 0:28:02.880
<v Speaker 4>There was what you showed maybe was practically five foot Yeah.

0:28:02.800 --> 0:28:04.639
<v Speaker 5>Maybe that are a little bit over. He was closed

0:28:04.640 --> 0:28:05.920
<v Speaker 5>to her, though, really close to her.

0:28:06.640 --> 0:28:10.560
<v Speaker 4>Did you hold the shotgun of with the end of

0:28:10.560 --> 0:28:12.760
<v Speaker 4>it to his shoulder like you would hold it right?

0:28:12.920 --> 0:28:15.880
<v Speaker 5>Role, I I think I know, I don't.

0:28:15.960 --> 0:28:17.640
<v Speaker 3>I just all I saw him.

0:28:17.680 --> 0:28:19.520
<v Speaker 5>Yeah, I was probably up cause I all I saw

0:28:19.680 --> 0:28:21.240
<v Speaker 5>was that it like happened so quickly.

0:28:21.520 --> 0:28:28.960
<v Speaker 3>Okay, it's been almost three years. Why now, Why am

0:28:28.960 --> 0:28:29.639
<v Speaker 3>I saying something?

0:28:29.840 --> 0:28:34.640
<v Speaker 5>Yeah, because well it just first off, I know how

0:28:34.840 --> 0:28:37.439
<v Speaker 5>Knot's like her family is probably going. And also I

0:28:37.480 --> 0:28:41.160
<v Speaker 5>mean it's just it's just like wrong. It's like Justin

0:28:41.240 --> 0:28:43.520
<v Speaker 5>said in station said there was no reason for it.

0:28:43.920 --> 0:28:45.760
<v Speaker 5>You know, Byron's still out there and it seems like

0:28:45.800 --> 0:28:48.640
<v Speaker 5>he's not having any problems because of this, whereas you know,

0:28:48.680 --> 0:28:50.800
<v Speaker 5>obviously my life's been really messed up, I mean, rehab,

0:28:50.840 --> 0:28:56.040
<v Speaker 5>my life's been like completely just you know, messed up,

0:28:56.120 --> 0:28:59.200
<v Speaker 5>like because of this, and it's just you know, it's

0:28:59.240 --> 0:29:01.880
<v Speaker 5>just not right. It doesn't And like I said, it

0:29:01.960 --> 0:29:05.160
<v Speaker 5>seems like it's two people are dead for no reason,

0:29:05.200 --> 0:29:06.880
<v Speaker 5>and he's just like out there.

0:29:07.640 --> 0:29:07.800
<v Speaker 6>You know.

0:29:09.440 --> 0:29:12.560
<v Speaker 2>Kilgore asks if Kelly's shared the story with anyone else.

0:29:13.240 --> 0:29:15.800
<v Speaker 2>She says about a year ago, she told her then

0:29:15.880 --> 0:29:20.280
<v Speaker 2>boyfriend that Byron had shot Anastasia. She asked him not

0:29:20.520 --> 0:29:24.560
<v Speaker 2>to say anything besides her ex boyfriend. Kelly says she

0:29:24.600 --> 0:29:28.640
<v Speaker 2>told her drug rehab counselor Maggie, which led to her

0:29:28.680 --> 0:29:29.480
<v Speaker 2>coming forward.

0:29:29.840 --> 0:29:34.480
<v Speaker 4>Okay, so you told Maggie and who.

0:29:34.280 --> 0:29:35.000
<v Speaker 3>Else have you told?

0:29:35.400 --> 0:29:37.800
<v Speaker 5>Well? Then after, you know, I talked to Maggie my

0:29:37.920 --> 0:29:38.800
<v Speaker 5>parents and everything.

0:29:39.640 --> 0:29:41.720
<v Speaker 3>How long ago did you first tell your parents?

0:29:42.360 --> 0:29:47.040
<v Speaker 5>How long ago? Well? I told him that, you know,

0:29:47.080 --> 0:29:48.800
<v Speaker 5>I knew more than I said and everything, but I

0:29:48.840 --> 0:29:52.680
<v Speaker 5>hadn't ever told him the complete story up until recently

0:29:53.800 --> 0:29:54.560
<v Speaker 5>when I told.

0:29:54.320 --> 0:29:57.720
<v Speaker 4>Maggie, what did you How much did you tell them

0:29:58.040 --> 0:29:58.920
<v Speaker 4>back in the past?

0:30:00.120 --> 0:30:00.200
<v Speaker 2>Not.

0:30:00.720 --> 0:30:02.840
<v Speaker 5>I just told him that, you know, I knew what

0:30:02.960 --> 0:30:04.160
<v Speaker 5>happened and everything like that.

0:30:04.560 --> 0:30:07.480
<v Speaker 3>So you told him that you knew for back? How

0:30:08.040 --> 0:30:09.040
<v Speaker 3>in a state died?

0:30:09.760 --> 0:30:10.080
<v Speaker 2>Okay?

0:30:10.120 --> 0:30:12.360
<v Speaker 3>And did they discuss it with you?

0:30:13.080 --> 0:30:14.600
<v Speaker 5>Well, I mean they were always trying to get me

0:30:14.640 --> 0:30:16.360
<v Speaker 5>to tell like the complete story and stuff. But I

0:30:16.360 --> 0:30:21.440
<v Speaker 5>wouldn't why because well I was just scared to And

0:30:21.520 --> 0:30:24.280
<v Speaker 5>also I didn't I was just scared to say anything.

0:30:24.960 --> 0:30:27.400
<v Speaker 5>And anytime I'd say anything to viron about saying, it'd

0:30:27.440 --> 0:30:29.640
<v Speaker 5>be like, you know, it's over in the past. He's like,

0:30:29.680 --> 0:30:31.520
<v Speaker 5>we don't need to wreck our lives, or as it's

0:30:31.520 --> 0:30:33.440
<v Speaker 5>already you know, He's like, they think, justin did it.

0:30:33.440 --> 0:30:36.520
<v Speaker 5>It's like in the past or whatever. Well when also

0:30:36.600 --> 0:30:38.520
<v Speaker 5>I just didn't wanna, you know, admit to my parents

0:30:38.520 --> 0:30:40.560
<v Speaker 5>that I had like anything to do with anything of it,

0:30:40.960 --> 0:30:43.760
<v Speaker 5>you know, cause it just seems so you know.

0:30:44.080 --> 0:30:46.320
<v Speaker 4>Or were you scared what would happen to you go

0:30:46.400 --> 0:30:47.480
<v Speaker 4>to jail or something?

0:30:48.240 --> 0:30:51.040
<v Speaker 5>Yeah, well, not not so much to that, just that,

0:30:51.400 --> 0:30:53.080
<v Speaker 5>I mean, that's a it's a weird thing to tell

0:30:53.080 --> 0:30:55.040
<v Speaker 5>your own parents that you were like involved in something

0:30:55.120 --> 0:30:57.520
<v Speaker 5>like that, because regardless of if I really didn't think

0:30:57.520 --> 0:30:59.280
<v Speaker 5>it was gonna happen, and I still should have said,

0:30:59.280 --> 0:31:01.240
<v Speaker 5>you know, what are you know tonight? I've gotten a carlin.

0:31:13.840 --> 0:31:17.760
<v Speaker 2>On September twenty one, two thousand and almost three years

0:31:17.800 --> 0:31:22.080
<v Speaker 2>after Anastasia Whipples Fuchen was killed, Kelly Moffatt has come

0:31:22.160 --> 0:31:28.360
<v Speaker 2>forward to say Byron Case murdered her again. Strangely, Kelly

0:31:28.400 --> 0:31:32.560
<v Speaker 2>shows no real emotion while telling this story, the real story,

0:31:33.040 --> 0:31:37.520
<v Speaker 2>the one she's been holding onto for so long. The

0:31:37.560 --> 0:31:40.360
<v Speaker 2>next day, Kelly goes out with Sergeant Kilgore to show

0:31:40.440 --> 0:31:44.000
<v Speaker 2>him where Anastasia was killed and where the gun was dumped.

0:31:44.880 --> 0:31:47.800
<v Speaker 2>They start at the Dairy Queen, then head across the

0:31:47.840 --> 0:31:52.880
<v Speaker 2>street to Mount Washington Cemetery. Steely Dan's Dirty Work is

0:31:52.920 --> 0:31:55.400
<v Speaker 2>playing on the radio for the first few moments of

0:31:55.440 --> 0:31:55.840
<v Speaker 2>their drive.

0:31:56.880 --> 0:31:59.840
<v Speaker 3>If anything works familiar, it's been such a lot of time.

0:32:02.720 --> 0:32:06.080
<v Speaker 2>Eventually they make their way towards Lincoln Cemetery.

0:32:06.360 --> 0:32:08.960
<v Speaker 3>In your medium right here, does any of this look familiar?

0:32:10.400 --> 0:32:13.760
<v Speaker 5>I don't know. Well, I know that where it happened,

0:32:13.760 --> 0:32:17.280
<v Speaker 5>you could see a street. I think you could see

0:32:17.280 --> 0:32:21.320
<v Speaker 5>a street house. I don't know. I didn't get out

0:32:21.320 --> 0:32:23.000
<v Speaker 5>of the car, so I don't know. I just remember

0:32:23.040 --> 0:32:26.480
<v Speaker 5>seeing like I thought you could actually see like where

0:32:26.520 --> 0:32:28.400
<v Speaker 5>people were buried something, cause it's just kind of like

0:32:28.400 --> 0:32:31.560
<v Speaker 5>a park. Yeah. I think they pulled that onto this,

0:32:31.800 --> 0:32:34.920
<v Speaker 5>they think, But I thought there was like houses or something, No,

0:32:35.160 --> 0:32:37.560
<v Speaker 5>cause I remember trying. Okay, Yeah, this is how it

0:32:37.680 --> 0:32:38.160
<v Speaker 5>came out.

0:32:38.320 --> 0:32:41.360
<v Speaker 3>Okay, this is the way you left after uh.

0:32:41.160 --> 0:32:43.400
<v Speaker 5>She was killed? Yeah, I believed so.

0:32:44.240 --> 0:32:46.800
<v Speaker 3>Weren't you in here and found the memorial side afterwards?

0:32:47.040 --> 0:32:47.560
<v Speaker 5>Yeah?

0:32:47.720 --> 0:32:48.520
<v Speaker 6>Do you remember where that.

0:32:48.520 --> 0:32:54.240
<v Speaker 5>Was at all? Assume to me maybe this is where

0:32:54.280 --> 0:32:55.880
<v Speaker 5>they stopped. But I could have sworn they could see

0:32:55.880 --> 0:32:58.280
<v Speaker 5>the street from there, like see.

0:32:58.160 --> 0:33:01.440
<v Speaker 3>Cars nothing, Weland, Stay, his body was found over here

0:33:01.480 --> 0:33:01.760
<v Speaker 3>in this.

0:33:01.800 --> 0:33:06.320
<v Speaker 5>Area, probably cause I think I just worn it was

0:33:06.360 --> 0:33:07.920
<v Speaker 5>close to the street though.

0:33:08.280 --> 0:33:11.160
<v Speaker 4>The way you described it to me yesterday, would have

0:33:11.240 --> 0:33:15.120
<v Speaker 4>had to have stopped the car somewhere in here, mkay,

0:33:15.560 --> 0:33:17.760
<v Speaker 4>based on where her body was found.

0:33:18.560 --> 0:33:21.560
<v Speaker 3>Is there any way you could reconstruct that position my

0:33:21.720 --> 0:33:25.800
<v Speaker 3>vehicle like right here? Well, where do you think it was?

0:33:26.000 --> 0:33:27.360
<v Speaker 3>That's why I'm trying to get you to do it?

0:33:27.400 --> 0:33:32.760
<v Speaker 5>Yeah for me? Yeah, keep going forward.

0:33:32.760 --> 0:33:35.200
<v Speaker 3>You're just not sure that where you actually stopped.

0:33:35.400 --> 0:33:36.640
<v Speaker 5>No, I'm not sure.

0:33:37.000 --> 0:33:39.920
<v Speaker 8>Okay, I think it was at least maybe like here,

0:33:40.480 --> 0:33:41.680
<v Speaker 8>because yeah, I mean I.

0:33:41.600 --> 0:33:44.800
<v Speaker 5>Could at least see cars going past on that road

0:33:44.800 --> 0:33:45.120
<v Speaker 5>because I.

0:33:45.120 --> 0:33:48.400
<v Speaker 8>Remember, yeah, cause I could see headline and stuff over there,

0:33:48.400 --> 0:33:50.040
<v Speaker 8>and I was like, well, god, you know, I mean

0:33:50.720 --> 0:33:53.400
<v Speaker 8>it was right by like a busy street and everything okay.

0:33:54.080 --> 0:33:57.080
<v Speaker 2>Next, Sergeant Kilgore asks Kelly to show him where they

0:33:57.080 --> 0:33:57.880
<v Speaker 2>got rid of the gun.

0:33:57.960 --> 0:34:01.640
<v Speaker 3>Here I was just right after it happened.

0:34:03.280 --> 0:34:08.759
<v Speaker 8>I remember that there was like maybe factories are like

0:34:08.800 --> 0:34:11.280
<v Speaker 8>a rock if there were some type of old something

0:34:11.320 --> 0:34:14.279
<v Speaker 8>with the roroad tracks going by.

0:34:14.560 --> 0:34:18.000
<v Speaker 2>Kelly says Justin and Byron acted like they'd been there before,

0:34:18.880 --> 0:34:22.040
<v Speaker 2>because Kelly told kil Gore in their interview the gun

0:34:22.080 --> 0:34:26.000
<v Speaker 2>had been ditched not far from Lincoln Cemetery. Kill Gore

0:34:26.080 --> 0:34:29.640
<v Speaker 2>drives in and around the area, but nothing seems to

0:34:29.719 --> 0:34:33.440
<v Speaker 2>jog Kelly's memory. She then remembers they got on the

0:34:33.520 --> 0:34:36.879
<v Speaker 2>highway pretty quickly after the shooting. She says they wanted

0:34:36.880 --> 0:34:39.080
<v Speaker 2>to get out of the area as fast as possible.

0:34:41.320 --> 0:34:44.440
<v Speaker 3>Justin or Byron did either one of them give any floating.

0:34:48.120 --> 0:34:50.560
<v Speaker 2>Kelly then says they might have driven to a place

0:34:50.600 --> 0:34:53.880
<v Speaker 2>in Kansas, not too terribly far from her house in

0:34:53.960 --> 0:34:56.719
<v Speaker 2>Lenexa to ditch the gun, so.

0:34:57.400 --> 0:34:58.719
<v Speaker 1>Kill Gore heads that way.

0:35:00.239 --> 0:35:03.640
<v Speaker 2>Roughly forty minutes of driving, they seem to zero in

0:35:03.719 --> 0:35:06.680
<v Speaker 2>on an area that might look familiar to Kelly.

0:35:07.360 --> 0:35:12.359
<v Speaker 4>Practically rode off Douglas Is in the area of the

0:35:12.360 --> 0:35:17.840
<v Speaker 4>Inland Quarries and Kelly believes that it could possibly be

0:35:17.920 --> 0:35:19.400
<v Speaker 4>the road an area that.

0:35:20.880 --> 0:35:21.360
<v Speaker 3>Withdrawn.

0:35:23.320 --> 0:35:26.840
<v Speaker 2>Four days later, Kilgore and two other sergeants search the

0:35:26.880 --> 0:35:29.640
<v Speaker 2>area for the weapon, but are unable to find it,

0:35:30.400 --> 0:35:34.040
<v Speaker 2>probably not surprising since it had been almost three years

0:35:34.280 --> 0:35:39.600
<v Speaker 2>since the killing. About two and a half months later,

0:35:39.800 --> 0:35:44.120
<v Speaker 2>on December fifth, two thousand, a tape recorder is installed

0:35:44.120 --> 0:35:47.520
<v Speaker 2>at Kelly's parents' house in the hopes Kelly can get

0:35:47.560 --> 0:35:52.080
<v Speaker 2>Byron on tape confessing to the crime. Nothing seems to

0:35:52.160 --> 0:35:57.719
<v Speaker 2>happen for about six months. Then on June fifth, two

0:35:57.800 --> 0:36:00.160
<v Speaker 2>thousand and one, around eleven thirty.

0:36:00.800 --> 0:36:02.399
<v Speaker 6>What's Mom's house?

0:36:03.560 --> 0:36:03.840
<v Speaker 5>Hello?

0:36:04.239 --> 0:36:04.960
<v Speaker 6>He is Byner.

0:36:05.200 --> 0:36:07.360
<v Speaker 3>You have to hear Byron. Yeah?

0:36:07.560 --> 0:36:08.080
<v Speaker 5>Is this Kelly?

0:36:10.320 --> 0:36:13.640
<v Speaker 6>Hello? I realize you probably don't wanna talk to me.

0:36:13.680 --> 0:36:15.759
<v Speaker 6>I have to talk to you. I absolutely have to

0:36:15.840 --> 0:36:25.239
<v Speaker 6>fucking talk to you. Okay, hello here listening? Okay, some

0:36:25.640 --> 0:36:28.759
<v Speaker 6>extremely bad shit has gone down.

0:36:30.280 --> 0:36:31.120
<v Speaker 5>Are you listening to me?

0:36:31.400 --> 0:36:33.040
<v Speaker 4>Yeah?

0:36:33.080 --> 0:36:36.040
<v Speaker 6>Okay. I don't know what to do and that's why

0:36:36.040 --> 0:36:40.360
<v Speaker 6>I called you, because you do realize that I have

0:36:40.480 --> 0:36:43.480
<v Speaker 6>been a drug addict for some time. My memory is

0:36:43.520 --> 0:36:48.040
<v Speaker 6>not a dead and they are harassing me about information

0:36:48.200 --> 0:36:49.879
<v Speaker 6>now and I don't know what to do. About it.

0:36:51.360 --> 0:36:55.320
<v Speaker 6>Do you know what I'm talking about? Yeah, okay, you know,

0:36:55.480 --> 0:36:59.520
<v Speaker 6>Caesar's dad has called me. Two or three investigators have

0:36:59.600 --> 0:37:04.319
<v Speaker 6>called me, and I don't know what to do. I

0:37:04.360 --> 0:37:08.000
<v Speaker 6>don't remember the whole story, and I need your information please,

0:37:08.239 --> 0:37:11.160
<v Speaker 6>because they're gonna call me in. They're gonna fucking ask

0:37:11.239 --> 0:37:12.800
<v Speaker 6>me for a light to take your test again. And

0:37:12.920 --> 0:37:24.960
<v Speaker 6>I have no idea. Okay, I know I'm probably the

0:37:25.040 --> 0:37:26.840
<v Speaker 6>last person on the oath that you wanna talk to you,

0:37:26.960 --> 0:37:30.160
<v Speaker 6>but we have to talk about this otherwise. Remember the

0:37:30.160 --> 0:37:31.359
<v Speaker 6>fucked what?

0:37:31.520 --> 0:37:32.280
<v Speaker 5>I don't remember?

0:37:32.800 --> 0:37:35.600
<v Speaker 6>You don't remember what? What?

0:37:36.239 --> 0:37:38.640
<v Speaker 5>Yeah? Things that don't remember?

0:37:40.440 --> 0:37:48.359
<v Speaker 6>Don't you remember? You don't remember what we said at all?

0:37:48.719 --> 0:37:48.960
<v Speaker 5>Like you?

0:37:49.400 --> 0:37:56.640
<v Speaker 2>But but what whatever Byron says next is unintelligible.

0:37:57.920 --> 0:38:00.000
<v Speaker 5>Mm.

0:38:00.200 --> 0:38:03.239
<v Speaker 6>This is like not a game anymore. And I was

0:38:03.320 --> 0:38:07.920
<v Speaker 6>like realized that to It's like a fullest extent and

0:38:08.080 --> 0:38:09.040
<v Speaker 6>it sucks.

0:38:09.920 --> 0:38:11.440
<v Speaker 3>Really Suppose they called again?

0:38:12.320 --> 0:38:16.120
<v Speaker 6>Well, they called again, They've called a bunch again, They've

0:38:16.120 --> 0:38:18.320
<v Speaker 6>called while I was and where all they showed that

0:38:18.520 --> 0:38:29.239
<v Speaker 6>all there? Yeah, I don't understand. I like, seriously, what

0:38:29.480 --> 0:38:32.239
<v Speaker 6>all went on or whatever? And I seriously I hate

0:38:32.239 --> 0:38:34.759
<v Speaker 6>to say this, but I why, seriously, why did you

0:38:34.800 --> 0:38:37.000
<v Speaker 6>have to come? What was the whole fucking big deal?

0:38:37.320 --> 0:38:47.560
<v Speaker 6>Could you explain that to me? Because I don't get it? Seriously,

0:38:50.239 --> 0:38:52.640
<v Speaker 6>Justin said, for no reason, she said, for no reason.

0:38:53.160 --> 0:38:57.600
<v Speaker 6>It's just all fucked up, And for some reason they're

0:38:57.640 --> 0:39:02.080
<v Speaker 6>talking to me because you won't talk Ie fucked And

0:39:02.200 --> 0:39:06.040
<v Speaker 6>it makes me look horrible because everybody already knows that

0:39:06.080 --> 0:39:08.319
<v Speaker 6>I'm a fucking crackhab and I'm a coke habb I'm

0:39:08.320 --> 0:39:13.120
<v Speaker 6>an alcoholic, and I don't remember shit. If I try

0:39:13.160 --> 0:39:18.680
<v Speaker 6>to talk to 'em, nothing's gonna add up. So I mean,

0:39:18.719 --> 0:39:21.200
<v Speaker 6>if you could seriously explain to me as to why

0:39:21.239 --> 0:39:23.360
<v Speaker 6>you actually fought the need to kill her, then that

0:39:23.400 --> 0:39:26.120
<v Speaker 6>would really help me feel better about the whole fucking thing.

0:39:34.440 --> 0:39:36.520
<v Speaker 6>I mean, is there seriously any reason to all this?

0:39:40.400 --> 0:39:40.960
<v Speaker 2>Talk about this?

0:39:42.120 --> 0:39:45.920
<v Speaker 5>Why like something should talk about that? Of course we

0:39:46.000 --> 0:39:48.080
<v Speaker 5>should as up.

0:39:48.520 --> 0:39:51.400
<v Speaker 6>I think I need to talk to you. What do

0:39:51.400 --> 0:39:51.719
<v Speaker 6>you mean?

0:39:58.360 --> 0:39:58.560
<v Speaker 5>Yeah?

0:39:58.600 --> 0:40:03.880
<v Speaker 6>I would love we talk we it because nothing nothing

0:40:04.040 --> 0:40:07.279
<v Speaker 6>has been the same thing said okay, and you may

0:40:07.320 --> 0:40:10.960
<v Speaker 6>have been okay or whatever, but all I did was

0:40:11.000 --> 0:40:14.160
<v Speaker 6>get more drunk or get more fucked up. That's it.

0:40:15.360 --> 0:40:15.799
<v Speaker 5>That's it.

0:40:16.880 --> 0:40:19.359
<v Speaker 6>Okay, I'm not the same person, and you know that

0:40:20.800 --> 0:40:23.399
<v Speaker 6>I have not been the same person for years and

0:40:23.440 --> 0:40:30.759
<v Speaker 6>I hate it. Then something seriously has to give where

0:40:30.800 --> 0:40:38.800
<v Speaker 6>we need to talk or something because for some reason,

0:40:38.960 --> 0:40:43.040
<v Speaker 6>you know, it just seems like you were inaccessible or

0:40:43.920 --> 0:40:46.239
<v Speaker 6>you were too cold or something, and everybody's coming to

0:40:46.320 --> 0:40:49.680
<v Speaker 6>me and I got talked to any serious that I

0:40:49.719 --> 0:40:50.120
<v Speaker 6>can't do.

0:40:50.200 --> 0:40:50.920
<v Speaker 5>Any of those.

0:40:53.520 --> 0:40:56.080
<v Speaker 2>It's really hard to hear Byron in this next section,

0:40:56.400 --> 0:41:00.279
<v Speaker 2>but he tells Kelly that he was granted immunity and says, quote,

0:41:00.600 --> 0:41:03.400
<v Speaker 2>I told my lawyer flat out that I didn't I

0:41:03.440 --> 0:41:06.399
<v Speaker 2>wasn't going to remember things. I told the cops that too.

0:41:07.000 --> 0:41:09.759
<v Speaker 2>I was like, I can't remember things. And so basically

0:41:09.840 --> 0:41:12.160
<v Speaker 2>I would, you know, tell them up front before you

0:41:12.239 --> 0:41:14.879
<v Speaker 2>go in or agree to meet them, just say I'm

0:41:14.880 --> 0:41:18.960
<v Speaker 2>not going to remember things. Kelly then says she really

0:41:19.280 --> 0:41:22.360
<v Speaker 2>needs to talk with Byron. They agree to meet in

0:41:22.400 --> 0:41:23.600
<v Speaker 2>person something.

0:41:23.880 --> 0:41:25.680
<v Speaker 6>Because I don't. Yeah, I don't like this over the

0:41:25.719 --> 0:41:32.439
<v Speaker 6>phone bullshit, but I can't. So I was the one

0:41:32.520 --> 0:41:34.440
<v Speaker 6>that went to brow to picked your house. I was

0:41:34.440 --> 0:41:36.560
<v Speaker 6>wh when all this shit happened to and so I'm

0:41:36.560 --> 0:41:38.640
<v Speaker 6>the one that they're like robbing and for some reason

0:41:39.080 --> 0:41:42.600
<v Speaker 6>that bif shit, fucking like police force out there to

0:41:42.640 --> 0:41:45.840
<v Speaker 6>talk to us somehow, and is just father has my

0:41:46.000 --> 0:41:49.480
<v Speaker 6>number and you know how disturbing he is, and he's

0:41:49.600 --> 0:41:52.080
<v Speaker 6>emailing me. He's calling me. I have no idea what

0:41:52.080 --> 0:41:56.759
<v Speaker 6>to do. I can't remember anything. I know, but I

0:41:56.760 --> 0:42:00.799
<v Speaker 6>don't remember anything. The whole banger his leg. I thought

0:42:00.800 --> 0:42:01.960
<v Speaker 6>it would go in, it's not.

0:42:04.120 --> 0:42:07.279
<v Speaker 2>Byron says he's sick, he has the flu, but he

0:42:07.320 --> 0:42:09.759
<v Speaker 2>will meet Kelly at a local park the next day

0:42:09.800 --> 0:42:14.160
<v Speaker 2>at eleven am.

0:42:14.400 --> 0:42:16.279
<v Speaker 6>The black by phone.

0:42:18.320 --> 0:42:38.200
<v Speaker 2>Really impressed, okay, According to Kilgore's report, He retrieves the

0:42:38.239 --> 0:42:41.279
<v Speaker 2>tape from this June fifth recorded phone call. The next day,

0:42:42.000 --> 0:42:44.719
<v Speaker 2>although Byron and Kelly made a plan to meet for

0:42:44.800 --> 0:42:49.640
<v Speaker 2>her own safety, Assistant Prosecutor Amy McGowan instructs Kelly not

0:42:49.800 --> 0:42:55.040
<v Speaker 2>to go. On June seventh, Kelly calls Byron again. I

0:42:55.080 --> 0:42:58.360
<v Speaker 2>only have the transcript of that call, but basically Byron

0:42:58.440 --> 0:43:00.640
<v Speaker 2>wants to know why Kelly didn't show up at the park.

0:43:01.640 --> 0:43:04.560
<v Speaker 2>They decided me the next day, time and place to

0:43:04.560 --> 0:43:07.879
<v Speaker 2>be figured out the next morning, but it seems that

0:43:07.960 --> 0:43:13.320
<v Speaker 2>never happens. Four days later, on June eleventh, two thousand

0:43:13.320 --> 0:43:16.920
<v Speaker 2>and one, Kansas City Sheriff's deputies and the Kansas City

0:43:17.000 --> 0:43:22.960
<v Speaker 2>Fugitive Apprehension Unit descend on Byron's mom's house. According to

0:43:23.040 --> 0:43:27.480
<v Speaker 2>an arresting officer's report, it says quote entry was made

0:43:27.560 --> 0:43:31.040
<v Speaker 2>to the residence, and I continued to yell police as

0:43:31.040 --> 0:43:33.560
<v Speaker 2>I moved toward the hallway that led to the bathroom

0:43:33.600 --> 0:43:36.759
<v Speaker 2>and bedroom area of the residence. A white male who

0:43:36.800 --> 0:43:39.960
<v Speaker 2>resembled Case started to come out of the north bedroom.

0:43:40.680 --> 0:43:44.920
<v Speaker 2>Upon seeing me, Case retreated into the bedroom, closed the door,

0:43:45.000 --> 0:43:47.240
<v Speaker 2>and was attempting to lock the door when I pushed

0:43:47.239 --> 0:43:50.680
<v Speaker 2>it open. As I entered the room, Case was in

0:43:51.040 --> 0:43:54.799
<v Speaker 2>Case stumbled backwards onto a bed. Case was taken into

0:43:54.840 --> 0:43:56.920
<v Speaker 2>custody without further incident.

0:44:09.560 --> 0:44:11.360
<v Speaker 1>Almost four years.

0:44:11.040 --> 0:44:15.240
<v Speaker 2>After Anastasia Whitpelsfuchen was murdered, twenty two year old Byron

0:44:15.320 --> 0:44:19.080
<v Speaker 2>Case is charged with first degree murder and armed criminal action.

0:44:20.080 --> 0:44:23.640
<v Speaker 2>Bond is set at two hundred thousand dollars, but Assistant

0:44:23.680 --> 0:44:27.640
<v Speaker 2>prosecutor Amy McGowan argues that because the idea of the informant,

0:44:28.040 --> 0:44:32.000
<v Speaker 2>Kelly Moffatt, had been revealed to Byron for her safety,

0:44:32.360 --> 0:44:36.200
<v Speaker 2>bond should be revoked, and it is the bond issue

0:44:36.280 --> 0:44:39.960
<v Speaker 2>actually comes up again. A judge ends up modifying the bond,

0:44:40.160 --> 0:44:43.800
<v Speaker 2>raising it to three hundred thousand dollars, but since Byron

0:44:43.840 --> 0:44:47.600
<v Speaker 2>can't afford to post it, he remains in jail awaiting trial.

0:44:49.440 --> 0:44:53.600
<v Speaker 2>At trial, Byron will be represented by Horton Lance, a

0:44:53.719 --> 0:44:57.600
<v Speaker 2>Jackson County public defender. Trying the case for the state

0:44:57.920 --> 0:45:01.879
<v Speaker 2>will be Jackson County prosecutors to A. Crayon and David Fry,

0:45:02.719 --> 0:45:06.160
<v Speaker 2>and presiding over the trial will be Judge Charles Atwell.

0:45:07.280 --> 0:45:11.280
<v Speaker 2>April nineteenth, two thousand and two, start the pre trial motions.

0:45:11.960 --> 0:45:16.359
<v Speaker 2>Prosecutors want evidence of Byron's goth lifestyle to be allowed in.

0:45:17.239 --> 0:45:21.040
<v Speaker 2>They believe it shows a fascination with morbid death and

0:45:21.080 --> 0:45:23.759
<v Speaker 2>it gives context to what Kelly is going to say

0:45:23.760 --> 0:45:26.719
<v Speaker 2>on the stand. They argue the jury should be able

0:45:26.719 --> 0:45:30.279
<v Speaker 2>to hear about things like Byron's appearance, how he wore

0:45:30.320 --> 0:45:33.960
<v Speaker 2>his face pale with black makeup, his hair dyed black,

0:45:34.040 --> 0:45:37.479
<v Speaker 2>and how he dressed in black clothes, which they say

0:45:37.640 --> 0:45:41.400
<v Speaker 2>was different than Justin's appearance he was somebody out of

0:45:41.480 --> 0:45:44.799
<v Speaker 2>quote the gap ad. They want the jury to hear

0:45:44.960 --> 0:45:47.680
<v Speaker 2>about how Byron and a friend would walk around town

0:45:47.800 --> 0:45:51.640
<v Speaker 2>wearing priest collars and how he had been seen wearing

0:45:51.680 --> 0:45:56.839
<v Speaker 2>a button that said I as raped your Savior. Prosecutors

0:45:56.880 --> 0:46:01.760
<v Speaker 2>want Byron's license plates morbid and atheist to be allowed

0:46:01.760 --> 0:46:05.120
<v Speaker 2>into evidence, as well as his bumper stickers that read

0:46:05.440 --> 0:46:09.560
<v Speaker 2>evil and I Am God, also that he had an

0:46:09.560 --> 0:46:14.000
<v Speaker 2>autopsy photo as his computer screensaver. They want the jury

0:46:14.000 --> 0:46:16.120
<v Speaker 2>to hear that Byron's sign and name to his own

0:46:16.200 --> 0:46:20.120
<v Speaker 2>website was Savior, and that the website included discussions of

0:46:20.320 --> 0:46:24.640
<v Speaker 2>Justin's death, Anastasia's death, the crime itself, and the Jackson

0:46:24.680 --> 0:46:30.520
<v Speaker 2>County Sheriff's investigation. The defense wants Kelly's mental health records

0:46:30.560 --> 0:46:33.280
<v Speaker 2>to be allowed in and they want the June fifth

0:46:33.400 --> 0:46:37.160
<v Speaker 2>and June's seventh recorded phone calls between Byron and Kelly

0:46:37.280 --> 0:46:41.640
<v Speaker 2>to be kept out. When Judge Atwell rules on these motions,

0:46:42.160 --> 0:46:45.720
<v Speaker 2>he says Kelly's medical records will remain sealed. They're out

0:46:46.320 --> 0:46:49.759
<v Speaker 2>the June fifth and June seventh recorded conversations will be

0:46:49.800 --> 0:46:50.399
<v Speaker 2>allowed in.

0:46:51.600 --> 0:46:53.920
<v Speaker 1>Judge Atwell says Kelly's voice is much.

0:46:53.800 --> 0:46:57.040
<v Speaker 2>Clearer than Byron's, but with the aid of the transcript

0:46:57.320 --> 0:47:00.400
<v Speaker 2>he can understand what was said. The transcripts are quote

0:47:00.600 --> 0:47:04.880
<v Speaker 2>exceptionally accurate in regard to the goth lifestyle stuff, Judge

0:47:04.880 --> 0:47:07.840
<v Speaker 2>Atwell is not going to allow in the bumper stickers,

0:47:08.080 --> 0:47:12.880
<v Speaker 2>license plates, autopsy screensaver, the button, the website stuff, or

0:47:12.960 --> 0:47:19.360
<v Speaker 2>descriptions of Byron's appearance. On April twenty ninth, two thousand

0:47:19.360 --> 0:47:22.280
<v Speaker 2>and two, about four and a half years after the murder,

0:47:22.560 --> 0:47:28.040
<v Speaker 2>the trial begins. The prosecution star witness is Kelly Moffatt

0:47:28.520 --> 0:47:31.360
<v Speaker 2>about the night of October twenty second. Kelly tells the

0:47:31.400 --> 0:47:34.279
<v Speaker 2>same story she told Kilgore when she came forward in

0:47:34.360 --> 0:47:38.479
<v Speaker 2>September of two thousand, that after school, Byron and Justin

0:47:38.600 --> 0:47:41.400
<v Speaker 2>picked her up. Justin asked who's the biggest problem in

0:47:41.400 --> 0:47:45.600
<v Speaker 2>his life. He said Anastasia, and wouldn't it be better

0:47:45.840 --> 0:47:49.440
<v Speaker 2>or easier if she were gone? Justin said he couldn't

0:47:49.520 --> 0:47:53.560
<v Speaker 2>kill Anastasia, so he said Byron would. Kelly says they

0:47:53.600 --> 0:47:56.200
<v Speaker 2>stopped at a gas station near her house because Byron

0:47:56.239 --> 0:47:59.120
<v Speaker 2>and Justin wanted her to call Anastasia to tell her

0:47:59.120 --> 0:48:02.040
<v Speaker 2>to meet them at the Dairy Queen. She says she

0:48:02.120 --> 0:48:05.280
<v Speaker 2>didn't have Anastasia's number, so they gave her a number.

0:48:05.719 --> 0:48:09.160
<v Speaker 2>Kelly says, quote, I think maybe Justin dialed it for me.

0:48:09.680 --> 0:48:13.400
<v Speaker 2>I'm not sure, Kelly says. Anastasia answered the phone, and

0:48:13.480 --> 0:48:17.560
<v Speaker 2>the conversation went like this quote, Hi, I'm with Justin

0:48:17.600 --> 0:48:22.359
<v Speaker 2>and Byron. You know we're supposed to meet. She said, well, yeah,

0:48:22.440 --> 0:48:26.319
<v Speaker 2>you're running a bit late. But dairy Queen. Kelly goes

0:48:26.360 --> 0:48:29.160
<v Speaker 2>on to say, quote, I guess the original I don't

0:48:29.200 --> 0:48:31.040
<v Speaker 2>know what the deal was. I guess the original plan

0:48:31.120 --> 0:48:33.520
<v Speaker 2>was to meet at Mount Washington, but it got changed

0:48:33.600 --> 0:48:37.160
<v Speaker 2>to Dairy Queen. Kelly says they picked up Anastasia at

0:48:37.160 --> 0:48:39.960
<v Speaker 2>the Dairy Queen, then went across the street to Mount

0:48:40.000 --> 0:48:45.120
<v Speaker 2>Washington Cemetery. They got ushered out of there, then drove around,

0:48:45.360 --> 0:48:48.640
<v Speaker 2>eventually finding a road off Truman that led to what

0:48:48.800 --> 0:48:52.760
<v Speaker 2>looked like a park with a circle drive. They parked,

0:48:53.040 --> 0:48:57.280
<v Speaker 2>and Justin and Anastasia got out of the car. Kelly

0:48:57.320 --> 0:48:59.640
<v Speaker 2>says it was dark enough to where she could see

0:48:59.680 --> 0:49:03.200
<v Speaker 2>cars with their headlights going by. She says Byron then

0:49:03.320 --> 0:49:06.879
<v Speaker 2>got out of the car popped the trunk. She saw

0:49:07.120 --> 0:49:11.240
<v Speaker 2>Justin was waving his arms saying something in German. Kelly

0:49:11.280 --> 0:49:14.440
<v Speaker 2>says Justin was standing pretty close to the driver's door.

0:49:14.800 --> 0:49:18.200
<v Speaker 2>Anastasia was standing by the second window on the driver's side.

0:49:18.960 --> 0:49:23.280
<v Speaker 2>She wasn't reacting, she was just looking at Justin. Kelly

0:49:23.280 --> 0:49:26.200
<v Speaker 2>says she then saw Byron raise the gun. Then she

0:49:26.320 --> 0:49:30.520
<v Speaker 2>heard a big loud noise. She screamed, turned away, then

0:49:30.560 --> 0:49:34.320
<v Speaker 2>looked back and saw Anastasia's body had been quote blown

0:49:34.440 --> 0:49:37.080
<v Speaker 2>backwards and I could see her feet.

0:49:37.920 --> 0:49:39.400
<v Speaker 1>Kelly says. She was crying.

0:49:39.800 --> 0:49:42.080
<v Speaker 2>Justin and Byron got in the car and Justin said,

0:49:42.440 --> 0:49:45.760
<v Speaker 2>didn't you hear me say stop? And Byron said, quote,

0:49:45.920 --> 0:49:48.000
<v Speaker 2>I already had the gun out, I already had it

0:49:48.040 --> 0:49:48.600
<v Speaker 2>in her face.

0:49:48.680 --> 0:49:51.160
<v Speaker 1>What was I supposed to do? You asked me to

0:49:51.200 --> 0:49:54.799
<v Speaker 1>do this? Kelly says. They drove for.

0:49:54.800 --> 0:49:57.880
<v Speaker 2>A while, then dumped the gun in an industrial area.

0:49:58.880 --> 0:50:01.120
<v Speaker 2>They went back to Justin and came up with the

0:50:01.160 --> 0:50:03.840
<v Speaker 2>story that Anastasia got mad and got out of the

0:50:03.840 --> 0:50:06.479
<v Speaker 2>car at Truman Roade and the I four thirty five.

0:50:08.600 --> 0:50:12.000
<v Speaker 2>Kelly says she continued to date Byron for a little

0:50:12.040 --> 0:50:15.040
<v Speaker 2>over a year after the murder, finally breaking up with

0:50:15.160 --> 0:50:20.080
<v Speaker 2>him around December of nineteen ninety eight. Kelly says eventually

0:50:20.120 --> 0:50:23.759
<v Speaker 2>her life's biraled. She got deep into drugs and it

0:50:23.840 --> 0:50:26.280
<v Speaker 2>got so bad her parents kicked her out and wouldn't

0:50:26.320 --> 0:50:28.759
<v Speaker 2>let her back in the house. She was living in

0:50:28.800 --> 0:50:33.360
<v Speaker 2>crack houses, was homeless in and out of rehab, she says.

0:50:33.600 --> 0:50:37.719
<v Speaker 2>Eventually Byron moved to Saint Louis, leaving her to deal

0:50:37.760 --> 0:50:42.600
<v Speaker 2>with everything on her own. Kelly testifies that in September

0:50:42.600 --> 0:50:45.640
<v Speaker 2>of two thousand, the night before she went into rehab,

0:50:45.960 --> 0:50:50.120
<v Speaker 2>she told her father that Byron did it. Then in rehab,

0:50:50.200 --> 0:50:53.279
<v Speaker 2>her counselor, whom she'd known for some time, convinced her

0:50:53.320 --> 0:50:55.359
<v Speaker 2>to tell what she knew about that night or she

0:50:55.400 --> 0:50:58.520
<v Speaker 2>was going to kill herself with drugs and alcohol. So

0:50:58.640 --> 0:51:04.520
<v Speaker 2>Kelly told the counselor Justin killed Anastasia. When Kelly's mom

0:51:04.560 --> 0:51:07.640
<v Speaker 2>has told this, she said, but wait, Kelly told her

0:51:07.719 --> 0:51:11.960
<v Speaker 2>dad Byron did it. Kelly says she broke down and

0:51:12.000 --> 0:51:14.520
<v Speaker 2>explained that she pointed the finger at Justin because he

0:51:14.600 --> 0:51:18.160
<v Speaker 2>was already gone. The police believed he did it, and

0:51:18.200 --> 0:51:20.920
<v Speaker 2>she was afraid because Byron had always told her she

0:51:21.040 --> 0:51:25.719
<v Speaker 2>is as guilty as he is. She finally says it

0:51:25.760 --> 0:51:29.719
<v Speaker 2>was Byron. The counselor then called a lawyer, and from

0:51:29.800 --> 0:51:31.239
<v Speaker 2>there the Moffitts went to.

0:51:31.200 --> 0:51:33.000
<v Speaker 1>Talk with prosecutors.

0:51:36.800 --> 0:51:40.320
<v Speaker 2>Then prosecutors get to the June fifth and June's seventh

0:51:40.360 --> 0:51:44.680
<v Speaker 2>recorded phone calls between Kelly and Byron. Prosecutors say the

0:51:44.760 --> 0:51:48.280
<v Speaker 2>June fifth call is significant because when Byron told Kelly,

0:51:48.400 --> 0:51:52.759
<v Speaker 2>we shouldn't talk about this, that is a tacit admission.

0:51:54.080 --> 0:51:58.360
<v Speaker 2>A tacit admission is when someone doesn't say something directly,

0:51:58.800 --> 0:52:02.520
<v Speaker 2>but their words are acts suggest that they agree with something,

0:52:03.040 --> 0:52:06.480
<v Speaker 2>like because Byron didn't deny anything during that call, like

0:52:06.520 --> 0:52:08.480
<v Speaker 2>when Kelly said, why did you have to kill her?

0:52:09.200 --> 0:52:13.759
<v Speaker 2>That can be seen as a tacit admission that it's true.

0:52:14.200 --> 0:52:20.040
<v Speaker 2>Byron's attorney, Horton Lance, then cross examines Kelly. He points

0:52:20.080 --> 0:52:24.400
<v Speaker 2>out she's lied to police multiple times. He then challenges

0:52:24.440 --> 0:52:28.280
<v Speaker 2>her about her drug problems. She admits she used drugs

0:52:28.320 --> 0:52:32.200
<v Speaker 2>before Anastasia's murder, but says witnessing the murder caused her depression,

0:52:32.560 --> 0:52:36.560
<v Speaker 2>which made her drug use much worse. He then asks

0:52:36.600 --> 0:52:39.840
<v Speaker 2>what was going on with Justin leading up to the murder.

0:52:40.520 --> 0:52:43.439
<v Speaker 2>Kelly says he had been very depressed. He'd been using

0:52:43.560 --> 0:52:47.400
<v Speaker 2>drugs and was even hearing voices, and he talked about

0:52:47.400 --> 0:52:52.560
<v Speaker 2>having odd plans about hurting people. Kelly says, but Byron

0:52:53.000 --> 0:52:56.759
<v Speaker 2>did too. Then Lance drills down on the phone call

0:52:56.880 --> 0:52:59.440
<v Speaker 2>Kelly says she made to Anastasia from the gas station

0:52:59.600 --> 0:53:00.960
<v Speaker 2>in lenn Nexa, Kansas.

0:53:01.680 --> 0:53:04.359
<v Speaker 1>He challenges Kelly on whether she or.

0:53:04.560 --> 0:53:10.320
<v Speaker 2>Justin called Anastasia's house because Anastasia's sister Francesca told police

0:53:10.880 --> 0:53:14.560
<v Speaker 2>Justin called the house from Lenexa not long after Anastasia

0:53:14.600 --> 0:53:18.719
<v Speaker 2>had already left for Mount Washington Cemetery. Kelly says she

0:53:18.800 --> 0:53:22.520
<v Speaker 2>believes Justin spoke with Francesca earlier that day, she doesn't

0:53:22.560 --> 0:53:26.840
<v Speaker 2>recall him using the payphone at the gas station. Byron's

0:53:26.880 --> 0:53:29.799
<v Speaker 2>attorney then asks about the gun Kelly had said she

0:53:29.880 --> 0:53:33.280
<v Speaker 2>saw hanging at Byron's dad's house. Kelly says she doesn't

0:53:33.320 --> 0:53:36.000
<v Speaker 2>remember which room it was in, and she doesn't know

0:53:36.080 --> 0:53:38.800
<v Speaker 2>if that was the gun used. All she knows is

0:53:38.840 --> 0:53:41.480
<v Speaker 2>Byron told her the gun they had with them that

0:53:41.600 --> 0:53:46.160
<v Speaker 2>night was Byron's dad's gun. Horton Lance asks Kelly if

0:53:46.160 --> 0:53:49.520
<v Speaker 2>she still stands by what she told Kilgore that Byron

0:53:49.880 --> 0:53:53.160
<v Speaker 2>was five feet away or a little more from Anastasia

0:53:53.239 --> 0:53:54.080
<v Speaker 2>when he shot her.

0:53:54.960 --> 0:53:55.680
<v Speaker 1>She says yes.

0:53:56.920 --> 0:53:59.840
<v Speaker 2>Horton Lance asks why that night, after Byron and j

0:54:00.320 --> 0:54:03.040
<v Speaker 2>were gone, didn't she tell her mom that she had

0:54:03.160 --> 0:54:07.600
<v Speaker 2>just witnessed her boyfriend kill her friend, Kelly says she

0:54:07.760 --> 0:54:11.920
<v Speaker 2>was scared. Then he confronts Kelly about an email she

0:54:12.040 --> 0:54:16.880
<v Speaker 2>sent to Anastasia's dad, Bob Whitplesfuchen in May of nineteen

0:54:16.960 --> 0:54:20.880
<v Speaker 2>ninety eight. In it, Kelly wrote quote, let's get together

0:54:21.320 --> 0:54:25.000
<v Speaker 2>and swap stories. Kelly says she didn't want to necessarily

0:54:25.040 --> 0:54:27.440
<v Speaker 2>talk about the murder. She just wanted to let him

0:54:27.480 --> 0:54:32.480
<v Speaker 2>know how sorry she was that Anastasia was dead. Lance

0:54:32.520 --> 0:54:35.400
<v Speaker 2>asks if she got the ten thousand dollars reward money.

0:54:35.960 --> 0:54:40.080
<v Speaker 2>Kelly says no. Then Horton Lance wants to know did

0:54:40.160 --> 0:54:44.120
<v Speaker 2>Kelly warn Anastasia that Byron and Justin were planning to

0:54:44.280 --> 0:54:51.440
<v Speaker 2>murder her that night? Kelly says she did not. On redirect,

0:54:51.719 --> 0:54:55.560
<v Speaker 2>Prosecutor Teresa Crayon wants to make clear Kelly said Byron

0:54:55.719 --> 0:54:58.800
<v Speaker 2>was five feet away when he shot Anastasia, but Kelly

0:54:58.920 --> 0:55:04.200
<v Speaker 2>also said Iron was holding a long gun. Also testifying

0:55:04.200 --> 0:55:07.960
<v Speaker 2>for the state, our Deputy David Epperson, who found Anastasia's body,

0:55:08.280 --> 0:55:12.680
<v Speaker 2>and Deborah Moffatt, Kelly's mom. Debora, testifies that when Kelly

0:55:12.719 --> 0:55:15.239
<v Speaker 2>got home the night of the twenty second, Byron and

0:55:15.400 --> 0:55:16.560
<v Speaker 2>Justin came inside with her.

0:55:17.400 --> 0:55:19.400
<v Speaker 1>Debora said she was upstairs.

0:55:18.840 --> 0:55:21.600
<v Speaker 2>But she could hear the three of them whispering downstairs,

0:55:21.719 --> 0:55:26.240
<v Speaker 2>which made her suspicious. Debora says by January of nineteen

0:55:26.320 --> 0:55:31.160
<v Speaker 2>ninety nine, about fifteen months after Anastasia's murder, Kelly's drug

0:55:31.280 --> 0:55:35.120
<v Speaker 2>use had gotten really bad. She would disappear, be gone

0:55:35.120 --> 0:55:38.880
<v Speaker 2>for days at a time. Then one night, late around

0:55:38.880 --> 0:55:42.000
<v Speaker 2>March of two thousand, Debora says, Kelly called her and

0:55:42.040 --> 0:55:46.239
<v Speaker 2>said she saw Anastasia murdered. Debora says she asked if

0:55:46.280 --> 0:55:49.360
<v Speaker 2>it was Justin, and she said yes. That was the

0:55:49.440 --> 0:55:52.920
<v Speaker 2>end of the conversation. Debra says she eventually came home

0:55:52.960 --> 0:55:56.320
<v Speaker 2>but never wanted to talk about it. According to Deborah,

0:55:56.360 --> 0:55:59.040
<v Speaker 2>over the coming months, Kelly ran away from rehab two

0:55:59.160 --> 0:56:02.960
<v Speaker 2>or three times, and they always took her back. Then

0:56:03.040 --> 0:56:09.400
<v Speaker 2>one night Kelly told her dad Byron killed Anastasia. Deborah

0:56:09.440 --> 0:56:12.160
<v Speaker 2>and her husband took Kelly back to rehab, and not

0:56:12.239 --> 0:56:16.960
<v Speaker 2>long after, Kelly confessed to her drug counselor that Justin

0:56:17.480 --> 0:56:23.240
<v Speaker 2>killed Anastasia. Eventually, when confronted with her changing story, Kelly

0:56:23.320 --> 0:56:30.600
<v Speaker 2>said it was Byron. After Deborah Moffatt, Diane Marshall, Anastasia's stepmom, testifies,

0:56:30.960 --> 0:56:36.160
<v Speaker 2>then Anastasia's sister, Francesco Whipplesfugen takes the stand. Franzays, in

0:56:36.200 --> 0:56:40.200
<v Speaker 2>October twenty second, Anastasia was wearing her black shoes, some

0:56:40.320 --> 0:56:43.359
<v Speaker 2>black jeans, and a tan corduroy jacket when she went

0:56:43.400 --> 0:56:47.160
<v Speaker 2>to meet Justin at Mount Washington Cemetery. She says, around

0:56:47.200 --> 0:56:50.719
<v Speaker 2>four thirty pm, Justin called the house looking for Anastasia,

0:56:51.040 --> 0:56:53.640
<v Speaker 2>and he sounded surprised to learn she had already gotten

0:56:53.640 --> 0:56:57.320
<v Speaker 2>a ride to Mount Washington about fifteen or twenty minutes before.

0:56:58.200 --> 0:57:01.040
<v Speaker 2>She says, during that call, Justin acted like he didn't

0:57:01.080 --> 0:57:04.279
<v Speaker 2>want to drive all the way from Lenexa, Kansas, to Independence,

0:57:04.320 --> 0:57:08.799
<v Speaker 2>Missouri to meet Anastasia. Francisca testifies that when Justin called

0:57:08.800 --> 0:57:12.160
<v Speaker 2>her later that night, she told him, quote, if anything

0:57:12.200 --> 0:57:14.680
<v Speaker 2>happened to her, it was his fault, and I kind

0:57:14.680 --> 0:57:18.040
<v Speaker 2>of hung up on him at that point. Francisca also

0:57:18.120 --> 0:57:21.760
<v Speaker 2>says she never spoke to Kelly that day. The state's

0:57:21.800 --> 0:57:25.760
<v Speaker 2>other witnesses include Glenn Colliver, the caretaker at Mount Washington Cemetery.

0:57:26.280 --> 0:57:30.240
<v Speaker 2>He testifies he saw Anastasia at Mount Washington around five pm,

0:57:30.520 --> 0:57:33.680
<v Speaker 2>then later with two males and a female. Originally, he

0:57:33.720 --> 0:57:37.280
<v Speaker 2>told investigators he saw her the second time around seven pm.

0:57:37.600 --> 0:57:39.880
<v Speaker 2>Now on the stand, he says he saw her around

0:57:40.000 --> 0:57:43.280
<v Speaker 2>nine pm. Next to take the stand is John Bruton,

0:57:43.560 --> 0:57:47.720
<v Speaker 2>Justin's dad. Then Jim Dodd, the bullet Hole store employee

0:57:47.760 --> 0:57:51.080
<v Speaker 2>who sold Justin the gun the morning of October twenty third.

0:57:51.720 --> 0:57:55.120
<v Speaker 2>Then two from law enforcement testify. The detective who worked

0:57:55.280 --> 0:57:59.360
<v Speaker 2>Justin's death case. He says it was obviously self inflicted,

0:58:00.120 --> 0:58:04.280
<v Speaker 2>the officer who arrested Byron. Then doctor Chase Blanchard, who

0:58:04.280 --> 0:58:07.760
<v Speaker 2>works at the Jackson County Medical Examiner's office, takes the stand.

0:58:08.320 --> 0:58:12.520
<v Speaker 2>The chief medical Examiner, doctor Thomas Young, who actually performed

0:58:12.520 --> 0:58:16.880
<v Speaker 2>the autopsy, is out of town. Doctor Blanchard testifies from

0:58:16.920 --> 0:58:20.880
<v Speaker 2>doctor Young's report, saying that Anastasia died from a contact

0:58:20.880 --> 0:58:23.920
<v Speaker 2>wound to the nose, meaning the muzzle was up against

0:58:23.920 --> 0:58:27.800
<v Speaker 2>her skin. Doctor Blanchard says doctor Young saw a dark

0:58:27.920 --> 0:58:32.280
<v Speaker 2>city deposit around the face and the presence of gunpowder particles,

0:58:32.320 --> 0:58:36.439
<v Speaker 2>which also means a close range shot. Doctor Blanchard says,

0:58:36.520 --> 0:58:40.040
<v Speaker 2>quote to me, that means less than six inches. The

0:58:40.160 --> 0:58:43.200
<v Speaker 2>muzzle must have been less than six inches from the

0:58:43.240 --> 0:58:47.160
<v Speaker 2>person to the person's skin. She goes on to say quote,

0:58:47.360 --> 0:58:50.320
<v Speaker 2>but it was probably right up against the skin. And

0:58:50.360 --> 0:58:53.360
<v Speaker 2>that's what I believe doctor Young's opinion is, because he

0:58:53.440 --> 0:58:57.560
<v Speaker 2>calls it a contact. Doctor Blanchard also says there were

0:58:57.560 --> 0:59:01.400
<v Speaker 2>no defensive wounds detected, and she can't say specifically what

0:59:01.520 --> 0:59:04.920
<v Speaker 2>kind of gun fired the fatal shot. For all of

0:59:04.960 --> 0:59:08.479
<v Speaker 2>the people who do testify for the prosecution, there's one

0:59:08.520 --> 0:59:14.520
<v Speaker 2>person I am stunned wasn't even called. Lead investigator, Sergeant

0:59:14.600 --> 0:59:20.840
<v Speaker 2>Gary Kilgore. Next up is the defense's case. Don Wright,

0:59:21.040 --> 0:59:25.560
<v Speaker 2>the dairy queen worker, testifies first. She says although she

0:59:25.720 --> 0:59:28.919
<v Speaker 2>told Sergeant Kilgore she gave Anastasia a pad that night,

0:59:29.360 --> 0:59:32.320
<v Speaker 2>she actually gave her a tampon. Don Wright says she

0:59:32.360 --> 0:59:34.800
<v Speaker 2>hasn't used anything other than a tampon since she was.

0:59:34.800 --> 0:59:36.919
<v Speaker 1>About thirteen or fourteen years old.

0:59:37.040 --> 0:59:39.320
<v Speaker 2>She said she only said it was a pad because

0:59:39.320 --> 0:59:42.280
<v Speaker 2>she couldn't think of a polite name for it. An

0:59:42.280 --> 0:59:45.240
<v Speaker 2>important distinction for the defense, because if don Wright gave

0:59:45.240 --> 0:59:48.600
<v Speaker 2>Anastasia a tampon, then why was she found in Lincoln's

0:59:48.600 --> 0:59:52.600
<v Speaker 2>cemetery wearing a clean pad. Don Wright says that night,

0:59:52.600 --> 0:59:55.240
<v Speaker 2>Anastasia had a long brown purse with her and she

0:59:55.320 --> 1:00:00.160
<v Speaker 2>was wearing light blue jeans and sandals with socks. She

1:00:00.200 --> 1:00:04.520
<v Speaker 2>also testifies to a story different than Kelly's. Don Wright

1:00:04.560 --> 1:00:07.760
<v Speaker 2>says that Anastasia told her she and her boyfriend Quote

1:00:08.120 --> 1:00:10.600
<v Speaker 2>had been in an argument because they had plans that

1:00:10.720 --> 1:00:13.439
<v Speaker 2>night and she couldn't get a ride over there to him,

1:00:13.960 --> 1:00:16.400
<v Speaker 2>so she had gotten out to the dairy Queen called

1:00:16.480 --> 1:00:18.920
<v Speaker 2>him and asked if he could come pick her up,

1:00:19.160 --> 1:00:21.760
<v Speaker 2>and he said that he had already made plans with

1:00:21.800 --> 1:00:27.080
<v Speaker 2>his best friend, and she was upset. Then Byron's mom,

1:00:27.240 --> 1:00:31.520
<v Speaker 2>Evelyn Case, takes the stand. She says Byron came home

1:00:31.600 --> 1:00:35.120
<v Speaker 2>the night of October twenty second, around ten or eleven pm.

1:00:35.760 --> 1:00:39.720
<v Speaker 2>He told her about Anastasia and justin arguing and Anastasia

1:00:39.760 --> 1:00:42.840
<v Speaker 2>getting out of the car. She says Byron didn't smell

1:00:42.840 --> 1:00:45.800
<v Speaker 2>like alcohol or seemed to be acting out of the ordinary.

1:00:46.280 --> 1:00:48.760
<v Speaker 2>They had idle chit chat. Then Byron went to his

1:00:48.880 --> 1:00:52.880
<v Speaker 2>room and got on his computer. Ellen says after that night,

1:00:53.320 --> 1:00:57.240
<v Speaker 2>Kelly and Byron seemed the same. Kelly never seemed afraid

1:00:57.280 --> 1:01:00.000
<v Speaker 2>of Byron. They would cook together and listen to music.

1:01:01.040 --> 1:01:04.240
<v Speaker 2>She says about that June fifth recorded phone call with Kelly,

1:01:04.960 --> 1:01:07.960
<v Speaker 2>Byron was sick. The next day, he went to a

1:01:08.000 --> 1:01:12.680
<v Speaker 2>doctor and had something like strep throat. He was prescribed antibiotics.

1:01:13.480 --> 1:01:17.400
<v Speaker 2>Evelyn says Byron's dad, her ex husband, never owned a gun.

1:01:17.800 --> 1:01:20.960
<v Speaker 2>He wasn't a hunter. They were an anti gun family,

1:01:21.840 --> 1:01:24.320
<v Speaker 2>and she says Byron's car was in the shop the

1:01:24.440 --> 1:01:27.640
<v Speaker 2>night of the murder. Evelyn says about a month after

1:01:27.680 --> 1:01:31.680
<v Speaker 2>Byron was arrested, Kelly called her. She said the first

1:01:31.720 --> 1:01:35.040
<v Speaker 2>thing Kelly said to her was, quote, this is insane,

1:01:35.800 --> 1:01:39.240
<v Speaker 2>Evelyn says. Kelly went on to say, quote, I'm an accomplice.

1:01:39.760 --> 1:01:43.320
<v Speaker 2>I'm an accomplice. But since I told I got they

1:01:43.360 --> 1:01:47.720
<v Speaker 2>gave me part immunity. Evelyn says. Kelly went on to say, quote,

1:01:47.880 --> 1:01:50.720
<v Speaker 2>my family really liked Byron a lot. I should be

1:01:50.800 --> 1:01:54.360
<v Speaker 2>in jail with him, and I'm ready to go, Evelyn says.

1:01:54.440 --> 1:01:57.280
<v Speaker 2>Kelly asked if she could write to Byron in jail.

1:01:58.280 --> 1:02:02.400
<v Speaker 2>On cross examination, prosecuteter David Frye asks Evelyn where she

1:02:02.560 --> 1:02:06.440
<v Speaker 2>was born. She says Germany. She reads and writes and

1:02:06.480 --> 1:02:09.800
<v Speaker 2>speaks in German as much as she can, and Byron

1:02:09.920 --> 1:02:12.520
<v Speaker 2>is still learning, but he knows the basics enough for

1:02:12.560 --> 1:02:15.840
<v Speaker 2>them to communicate. Evelyn says she would speak to Justin

1:02:16.160 --> 1:02:19.480
<v Speaker 2>in German too. This is an important point for the

1:02:19.480 --> 1:02:23.520
<v Speaker 2>prosecution to make, because Kelly testified that Justin was yelling

1:02:23.560 --> 1:02:28.640
<v Speaker 2>something in German to Byron right before he shot Anastasia.

1:02:29.040 --> 1:02:32.360
<v Speaker 2>As the defense's case continues, Horton Lance calls to the

1:02:32.400 --> 1:02:37.440
<v Speaker 2>stand Nancy Knolger, Byron's aunt, his dad's sister, who testifies

1:02:37.480 --> 1:02:40.360
<v Speaker 2>her brother never had any guns and he never hunted.

1:02:41.040 --> 1:02:45.800
<v Speaker 2>Then Byron's friends, Abraham Nisley and Tara McDowell testify, who

1:02:45.920 --> 1:02:49.240
<v Speaker 2>both say they saw Byron that night and nothing seemed

1:02:49.240 --> 1:02:52.520
<v Speaker 2>out of the ordinary with him. Tara says when Byron

1:02:52.560 --> 1:02:54.840
<v Speaker 2>came by that night, he and Justin did not smell

1:02:54.880 --> 1:02:57.800
<v Speaker 2>of alcohol. They seemed to be in fairly good moods,

1:02:57.840 --> 1:03:02.200
<v Speaker 2>and Justin specifically and look upset, shaken, or that he'd

1:03:02.200 --> 1:03:06.840
<v Speaker 2>been crying earlier. On cross examination, Tara's asked why in

1:03:06.880 --> 1:03:10.680
<v Speaker 2>her February nineteen ninety eight interview with Sergeant Kilgore, she

1:03:10.800 --> 1:03:14.920
<v Speaker 2>said Byron and Justin were going to Abraham's house after hers.

1:03:15.400 --> 1:03:18.480
<v Speaker 2>She said that's how she remembered it, then now she

1:03:18.520 --> 1:03:19.480
<v Speaker 2>doesn't remember.

1:03:19.200 --> 1:03:20.600
<v Speaker 1>It at all.

1:03:20.800 --> 1:03:23.680
<v Speaker 2>She's also asked if before trial Abraham gave her the

1:03:23.760 --> 1:03:27.240
<v Speaker 2>case file to read so she could prepare before testifying.

1:03:27.880 --> 1:03:30.160
<v Speaker 2>Tara says she only had a stack of papers and

1:03:30.240 --> 1:03:34.080
<v Speaker 2>she only read her interview with Kilgore and the autopsy reports.

1:03:35.680 --> 1:03:39.320
<v Speaker 2>Then Don Rand, the night mechanic at the Amico station,

1:03:39.440 --> 1:03:43.200
<v Speaker 2>takes the stand. He says, when he first spoke with investigators,

1:03:43.240 --> 1:03:46.120
<v Speaker 2>he was shown two photos, one of a boy and

1:03:46.120 --> 1:03:48.280
<v Speaker 2>one of a girl. He said the girl in the

1:03:48.280 --> 1:03:51.040
<v Speaker 2>photo looked like the one he saw walking quickly away

1:03:51.040 --> 1:03:53.480
<v Speaker 2>from the car at the light at Truman Road and

1:03:53.520 --> 1:03:57.040
<v Speaker 2>the I four thirty five. Don Rand says her faster

1:03:57.200 --> 1:04:01.280
<v Speaker 2>pace made him think she was upset. He says he

1:04:01.360 --> 1:04:04.440
<v Speaker 2>thinks this happened around dusk or a little bit after dark,

1:04:04.840 --> 1:04:07.480
<v Speaker 2>and he saw the young woman walk east on Truman

1:04:07.600 --> 1:04:12.120
<v Speaker 2>Road towards Independence, both in the direction of Lincoln's Cemetery

1:04:12.480 --> 1:04:17.400
<v Speaker 2>and Anastasia's house. On cross examination, Don Rand is asked

1:04:17.480 --> 1:04:20.240
<v Speaker 2>to confirm the height and wait of the girl he

1:04:20.320 --> 1:04:23.480
<v Speaker 2>saw that night. Don Rand says she was about five

1:04:23.680 --> 1:04:27.840
<v Speaker 2>six or five seven and about one hundred and thirty pounds.

1:04:28.880 --> 1:04:33.200
<v Speaker 2>Anastasia was five to two and one hundred and twenty pounds.

1:04:34.920 --> 1:04:38.240
<v Speaker 2>Then Byron takes the stand in his own defense, he

1:04:38.320 --> 1:04:40.840
<v Speaker 2>tells the same basic story he's told since he first

1:04:40.880 --> 1:04:44.360
<v Speaker 2>spoke with Sergeant Kilgore back in October of nineteen ninety seven.

1:04:45.240 --> 1:04:48.000
<v Speaker 2>But Byron denies they were drinking that night and says

1:04:48.040 --> 1:04:51.080
<v Speaker 2>he and Justin never asked Kelly to call Anastasia to

1:04:51.080 --> 1:04:51.560
<v Speaker 2>meet them.

1:04:51.440 --> 1:04:52.240
<v Speaker 1>At the Dairy Queen.

1:04:53.000 --> 1:04:55.280
<v Speaker 2>He says they didn't even know where the Dairy Queen was,

1:04:55.800 --> 1:05:01.360
<v Speaker 2>Anastasia gave them directions. On cross examination, Prosecutor David Frye

1:05:01.720 --> 1:05:06.360
<v Speaker 2>questions Byron about everything from his relationship with Kelly, who

1:05:06.440 --> 1:05:10.720
<v Speaker 2>was fourteen when they first started dating Byron was eighteen,

1:05:11.360 --> 1:05:15.200
<v Speaker 2>to the night of October twenty second. Byron for the

1:05:15.240 --> 1:05:17.960
<v Speaker 2>first time says he Justin and Kelly stopped at the

1:05:17.960 --> 1:05:22.960
<v Speaker 2>gas station in Lenexa, where Justin called Anastasia's house. Byron

1:05:23.000 --> 1:05:25.960
<v Speaker 2>says Justin spoke with her sister Fran and learned that

1:05:26.000 --> 1:05:31.800
<v Speaker 2>Anastasia had already left for Mount Washington Cemetery. Prosecutor David

1:05:31.800 --> 1:05:35.320
<v Speaker 2>Frye challenges Byron on this, asking if it would have

1:05:35.360 --> 1:05:38.680
<v Speaker 2>been normal for Anastasia to page him if she couldn't

1:05:38.720 --> 1:05:42.320
<v Speaker 2>get a hold of him, and Justin Byron says yes.

1:05:43.440 --> 1:05:47.280
<v Speaker 2>Then David Frye asks, quote, and if she had reached

1:05:47.320 --> 1:05:50.840
<v Speaker 2>you on your pager and given the number, you could

1:05:50.880 --> 1:05:53.600
<v Speaker 2>have dialed the phone number that Kelly says she dialed,

1:05:54.040 --> 1:05:56.560
<v Speaker 2>and Kelly could have talked to her at the dairy queen.

1:05:57.000 --> 1:05:57.680
<v Speaker 1>Isn't that right?

1:05:58.240 --> 1:06:01.320
<v Speaker 2>Byron says yeah, if the pay phone allowed incoming calls,

1:06:01.680 --> 1:06:05.800
<v Speaker 2>but he says he doesn't remember getting paged by Anastasia.

1:06:07.160 --> 1:06:10.680
<v Speaker 2>David fry says Byron's story about that night is hogwash.

1:06:11.200 --> 1:06:14.680
<v Speaker 2>He says there's no way this stubborn, strong fighter who

1:06:14.760 --> 1:06:18.440
<v Speaker 2>was Anastasia would end up dead with no defensive wounds,

1:06:18.840 --> 1:06:24.360
<v Speaker 2>implying she knew her killer and her killer was him.

1:06:25.000 --> 1:06:29.080
<v Speaker 2>In closing arguments, Prosecutor Teresa Crayon says Kelly Moffatt had

1:06:29.080 --> 1:06:31.880
<v Speaker 2>no reason to come forward and lie, admit she was

1:06:31.880 --> 1:06:34.720
<v Speaker 2>a drug addict, accusan ex boyfriend she broke up with

1:06:34.760 --> 1:06:38.280
<v Speaker 2>two and a half years before, and implicate herself in

1:06:38.320 --> 1:06:41.960
<v Speaker 2>a murder. Defense Attorney Horton Lance says in his closing

1:06:42.360 --> 1:06:45.880
<v Speaker 2>there are two Kelly Moffetts, one who's a crack addict,

1:06:45.960 --> 1:06:49.760
<v Speaker 2>alcoholic who's ruined her life and has no excuse. The

1:06:49.800 --> 1:06:52.800
<v Speaker 2>other Kelly, he asserts, is all of those things, but

1:06:52.920 --> 1:06:56.600
<v Speaker 2>has an excuse. She witnessed a murder and that's how

1:06:56.640 --> 1:06:59.560
<v Speaker 2>her family could take her back because it's not her fault.

1:07:00.720 --> 1:07:03.400
<v Speaker 2>Horton Lance reminds the jury that Anastasia was the one

1:07:03.400 --> 1:07:06.040
<v Speaker 2>who wanted to get together that day. He says she

1:07:06.120 --> 1:07:08.920
<v Speaker 2>got a ride in Mount Washington and only went across

1:07:08.920 --> 1:07:11.720
<v Speaker 2>the street to the Dairy Queen when Justin didn't show up.

1:07:12.360 --> 1:07:14.880
<v Speaker 2>He says Anastasia was the one who called and said,

1:07:15.280 --> 1:07:18.800
<v Speaker 2>I'm at the Dairy Queen, come get me. When Justin

1:07:18.840 --> 1:07:22.240
<v Speaker 2>spoke with Francesca, she said Justin acted like he didn't

1:07:22.240 --> 1:07:24.920
<v Speaker 2>want to drive all the way from Lenexa to Independence

1:07:24.960 --> 1:07:29.120
<v Speaker 2>to meet Anastasia. Horton Lance says Anastasia called Justin four

1:07:29.200 --> 1:07:31.960
<v Speaker 2>or five times from the Dairy Queen and was mad

1:07:32.200 --> 1:07:35.120
<v Speaker 2>when they picked her up so late. Horton Lance argues,

1:07:35.200 --> 1:07:38.840
<v Speaker 2>if the plan was to kill Anastasia, why are they

1:07:38.880 --> 1:07:42.320
<v Speaker 2>so late. He says they were late because the plan

1:07:42.560 --> 1:07:45.680
<v Speaker 2>was for Justin and Anastasia to talk about their relationship,

1:07:46.200 --> 1:07:49.920
<v Speaker 2>not to kill her. He says Justin didn't even want

1:07:49.960 --> 1:07:54.280
<v Speaker 2>to be there, which Horton Lance says is the opposite

1:07:54.800 --> 1:08:01.040
<v Speaker 2>of Kelly's testimony. After three days, the case goes to

1:08:01.080 --> 1:08:05.520
<v Speaker 2>the jury. A little over three hours later, they come

1:08:05.560 --> 1:08:09.360
<v Speaker 2>back with their verdict for count one murder in the

1:08:09.400 --> 1:08:15.400
<v Speaker 2>first degree guilty for count two armed criminal action guilty.

1:08:15.960 --> 1:08:19.680
<v Speaker 2>Almost two months later, Judge Atwell sentences Byron case to

1:08:19.760 --> 1:08:24.919
<v Speaker 2>two life terms to run. Concurrently, I spoke with Byron's

1:08:24.920 --> 1:08:28.479
<v Speaker 2>defense attorney, Horton Lance, about possibly sitting down for an interview.

1:08:29.160 --> 1:08:32.080
<v Speaker 2>He told me he'd consider it, he was busy about

1:08:32.080 --> 1:08:33.920
<v Speaker 2>to start a trial and I should call him back

1:08:33.920 --> 1:08:37.280
<v Speaker 2>in a few weeks, which I did. I left several

1:08:37.400 --> 1:08:40.360
<v Speaker 2>messages for him, but he never returned any of them.

1:08:41.000 --> 1:08:45.280
<v Speaker 2>I also reached out to Prosecutor Teresa Crayon. Her communications

1:08:45.320 --> 1:08:48.920
<v Speaker 2>director said quote, the office has decided that until all

1:08:49.000 --> 1:08:52.720
<v Speaker 2>litigation is complete on this matter, it isn't appropriate for

1:08:52.760 --> 1:08:58.960
<v Speaker 2>a potential witness. I e Teresa to participate. In twenty fourteen,

1:08:59.200 --> 1:09:02.479
<v Speaker 2>Teresa Crayon was interviewed for on the case with Paula's On.

1:09:03.360 --> 1:09:06.080
<v Speaker 2>Here is what she said about why Kelly you should

1:09:06.120 --> 1:09:07.320
<v Speaker 2>be believed.

1:09:07.120 --> 1:09:10.040
<v Speaker 7>When you listen to Kelly's whole story, it made sense.

1:09:10.439 --> 1:09:12.439
<v Speaker 7>Kelly never saw a picture of the crime scene. She

1:09:12.520 --> 1:09:15.120
<v Speaker 7>was never shown one Yep, she was able to describe

1:09:15.240 --> 1:09:18.320
<v Speaker 7>exactly the position of Anastasia's body. And you know what

1:09:18.400 --> 1:09:20.920
<v Speaker 7>was Kelly's motive to lie about this when she came forward.

1:09:23.960 --> 1:09:27.720
<v Speaker 2>I also reached out to former prosecutor David Frye. He

1:09:27.760 --> 1:09:35.719
<v Speaker 2>never responded, and I emailed Kelly Moffatt finally right first,

1:09:35.800 --> 1:09:38.400
<v Speaker 2>she responded with quote, you don't have an agenda and

1:09:38.439 --> 1:09:41.400
<v Speaker 2>your podcast is called The Real Killer. I find that

1:09:41.479 --> 1:09:44.599
<v Speaker 2>incredibly hard to believe. How did you get my email?

1:09:45.640 --> 1:09:49.599
<v Speaker 2>Two emails later, she wrote this quote, I will briefly

1:09:49.680 --> 1:09:55.640
<v Speaker 2>talk to you. I'll let you know what happens. So

1:09:56.200 --> 1:10:00.080
<v Speaker 2>the trial is over, the judge and Jerry have spoken.

1:10:00.320 --> 1:10:05.519
<v Speaker 2>Now I want to talk to Byron Case. Did you

1:10:05.600 --> 1:10:13.840
<v Speaker 2>kill Anastasia Whitfelsfugen Next time on The Real Killer? What

1:10:13.920 --> 1:10:16.120
<v Speaker 2>do you say to the people out there who think

1:10:16.200 --> 1:10:20.960
<v Speaker 2>you are murderer? My face to face interview with the

1:10:21.040 --> 1:10:23.680
<v Speaker 2>man convicted of killing Anastasia.

1:10:24.920 --> 1:10:31.599
<v Speaker 9>I a long time ago accepted that people aren't going

1:10:31.680 --> 1:10:33.600
<v Speaker 9>to like me, and people are going to think some

1:10:33.680 --> 1:10:41.280
<v Speaker 9>terrible things about me, and it isn't my job to

1:10:42.320 --> 1:10:43.800
<v Speaker 9>make them think otherwise.

1:10:47.920 --> 1:10:51.439
<v Speaker 2>The views and opinions expressed in this podcast are solely

1:10:51.520 --> 1:10:56.360
<v Speaker 2>those of the individuals participating in the podcast. If you

1:10:56.920 --> 1:11:00.880
<v Speaker 2>or someone you know is experiencing suicidal thoughts or a crisis,

1:11:01.360 --> 1:11:05.519
<v Speaker 2>please no help is available. Call or text nine to

1:11:05.600 --> 1:11:09.040
<v Speaker 2>eight eight, or chat online at the Suicide and Crisis

1:11:09.040 --> 1:11:14.160
<v Speaker 2>Lifelines website at nine eight eight lifeline dot org. To

1:11:14.200 --> 1:11:17.479
<v Speaker 2>see photos, maps and documents related to this season's story,

1:11:17.880 --> 1:11:21.759
<v Speaker 2>follow The Real Killer Podcast on Instagram and at TRK

1:11:21.960 --> 1:11:29.240
<v Speaker 2>podcast on TikTok. The Real Killer is a production of

1:11:29.320 --> 1:11:35.400
<v Speaker 2>AYR Media and iHeartMedia, hosted by me Leah Rothman. Executive

1:11:35.400 --> 1:11:40.240
<v Speaker 2>producers Leah Rothman and Elisa Rosen for AYR Media, Written

1:11:40.479 --> 1:11:44.719
<v Speaker 2>by Leah Rothman, editing and sound design by Cameron Taggi,

1:11:45.600 --> 1:11:50.840
<v Speaker 2>mixed and mastered by Cameron Taggi. Production coordinator Andy Levine,

1:11:51.240 --> 1:11:58.080
<v Speaker 2>Audio engineer Justin Longerbeam studio engineer Graham Gibson, Legal console

1:11:58.160 --> 1:12:04.599
<v Speaker 2>for AYR Media, Douglas Executive producer for iHeartMedia, Maya Howard