Guilty, or not guilty?
adapted from articles on the Free Byron Case website
Republished: 4WardEver UK – October 2010
News updates listed at the foot of this item
On the morning of June 11, 2001, on a quiet suburban Kansas City street, twenty-two-year-old Byron Case was dragged from his bed by a tactical police unit. He did not know it at the time, but he was being arrested for murder. Led to a waiting Sheriff’s car in handcuffs, the only reply he got to his repeated questions was stern silence. In the ten years following the murder of Anastasia WitbolsFeugen and subsequent suicide of her on-again, off-again boyfriend, Justin Bruton, much speculation has been made regarding the circumstances surrounding both of their tragic, untimely deaths.
The murder of Byron Case’s friend Anastasia WitbolsFeugen almost four years earlier had never been solved. No evidence had been found at the scene, and basic forensics never determined when she died or what type of gun had been used to shoot her. For all their interviews and research, documentation shows authorities never even had a suspect. But when an ex-girlfriend of Byron’s claimed to have been an eyewitness to the killing, prosecutors saw their chance to close a case that had long gone cold.
Under promise of immunity, Byron Case’s ex-girlfriend testified that she had watched him pull a gun and shoot his friend in the face. But she would not describe the alleged murder weapon, nor could she offer any description of the scene. Her story was not only at odds with the sworn statements of other parties called by prosecutors to establish essential facts; it ignored the very laws of physics. In spite of all this and a third party witness whose statement the day after the murder took place vouched for Byron Case’s innocence, a jury found him guilty of First Degree Murder.
The timeline Kelly Moffett provided contradicted the statements given by both Francesca WitbolsFeugen and Diane Marshall (WitbolsFeugen), Anastasia’s stepmother.
Part of Kelly Moffett’s story includes allegations that Justin and Byron had been drinking Jack Daniels and smelled strongly of alcohol when they picked her up from her house. The statements of numerous others with whom they had contact that evening, including Abraham Kneisley, Tara McDowell, and even Debra Moffett, Kelly Moffett’s mother, indicate no unusual behaviour by anyone, and no drunkenness.
Justin Bruton purchased a gun on 27th September 1997, approximately one month before the murder, which Kelly stated she had seen. Years later, under oath, she claimed that her statements regarding that weapon had been a convenient fabrication, and that she’d never seen it.
Byron Case is now serving a life sentence with no possibility for parole. Anastasia WitbolsFeugen’s killer remains free.
How did this happen? Why has the ruling been allowed to stand? And who really murdered eighteen-year-old Anastasia WitbolsFeugen? These are questions wherein answers do not come readily. “We — Byron Case’s family, friends, and supporters — invite you to look at the facts. We encourage you to spread the word of Byron’s wrongful conviction. Hope remains that he will be given back to us. That cannot happen without help from people who believe in justice and doing what is right”.
Did false testimony lead to the wrongful conviction of Byron Case
24 September 2014
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