Case Synopsis
On the night of October 22, 1997, eighteen-year-old Anastasia WibtolsFeugen got out of her boyfriend's car at an intersection just outside Kansas City and was never seen alive by her loved ones again. Two friends of Anastasia and her boyfriend were in the car with them when she exited the vehicle. Byron Case and Kelly Moffett later gave statements that Anastasia and Justin Bruton, her boyfriend, had been arguing about the on-again, off-again relationship. Anastasia became upset, they said, and got out of Justin's car in a huff, uncaring of the fact they were still a couple of miles from her home. None of them tried to stop her or convince her to get back into the vehicle.
Anastasia's body was found early the following morning, in a cemetery near her home, with a single gunshot wound to her face. Hours before her murder would be announced on the local news, Justin Bruton bought the shotgun and shells he would later use to shoot himself in the head.
Investigators took statements from many of Justin's and Anastasia's acquaintances but lacked conclusive evidence to support any particular theory. There was no bullet recovered, no murder weapon found, no DNA, no trace of anyone else having been at the crime scene. The County Medical Examiner did not even estimate a time of death. No suspects were ever named. News reports indicated that investigators believed the killing had most likely been a murder suicide. All the same, the case remained open for more than three years.
When Kelly Moffett claimed in 2000, to have witnessed the murder, a conclusion appeared imminent. From a drug rehab center, Kelly claimed that she had been present when Justin Bruton shot Anastasia in the cemetery. The story elicited sympathy from her family and afforded her an early release in order to deal with the trauma at home.
A year later, when Kelly found herself again in rehab for her crack cocaine addiction, her story changed. The murderer, she said, was Byron Case. Although she and Byron had been a couple at the time of Anastasia's death, they split in late 1998. Kelly tried to remain in contact with Byron over the years, frequently calling him or stopping by his apartment. As her drug use and mental health worsened Byron wanted less and less to do with her. Two weeks before Kelly's story suddenly changed to implicate Byron he had told her he was moving out of town. He told her that she was part of his reason for wanting to leave. Within the month Kelly was telling her tale to county prosecutors.
An indictment was obtained. Byron's trial lasted three days. Even after the introduction of witness testimony and forensic evidence that contradicted Kelly's story, Byron Case was found guilty of First Degree Murder and Armed Criminal Action. Anastasia's killer remains at large. Unless justice can be served Byron will spend the rest of his life in prison.
What's Been Done
Byron's mother has proven herself a tireless force in the quest to win back her son's freedom. To that end she has:
| · | With Byron's friends and supporters, established the Free Byron Case website (www.freebyroncase.com), which makes available official documentation about the case, summaries, timelines, photographs, statements and more. It is continually updated as the appeals process proceeds and related news comes in. |
| · | In 2003, traveled to Toronto, Canada, to attend a symposium for the Association In Defense of the Wrongly Convicted (AIDWC), at which she met with Barry Scheck, Ruben (Hurricane) Carter, and numerous others deeply involved in the struggle to end wrongful convictions. |
| · | Organized and curated a month long exhibit, in 2005, of Byron's photography. "Afterimages" ran in conjunction with the Unicorn Theatre's production of "The Exonerated". Matting and framing of the works were donated by a prestigious Kansas City frame shop. Money raised by the sales of his works benefited Byron's legal fund. |
| · | Appeared several times on the radio, in 2006 and 2007, to discuss Byron's case. Two of these appearances were on programs on KKFI, a Kansas City public radio station - "Every Woman" with Susan Lockhart, and "Sunset Reggae" with Gabbi Otto. Her third on-air appearance was on Austin, Texas WTPRN - "Lighting the Fires of Liberty" with Michael Badnarik, a civil rights program. |
| · | Had numerous speaking engagements with the Wrongful Convictions class at the University Of Missouri at Kansas City. Since April of 2007 she has been invited back to the class repeatedly. |
| · | Attended countless benefits, and regularly volunteered her time for the Midwestern Innocence Project. |
| · | Conducted Several newspaper interviews about Byron's case. |
| · | Helped to organize the forthcoming KKFI radio program “The Jaws of Justice”, a show focusing on unfavourable aspects of the American justice system. |
What Byron is Doing
As the appellate process moves slowly forward, Byron has invested his time in productive activities. Since his incarceration began in 2002 he has become a writer and made many contacts along the way. Among some of his most notable accomplishments are:
As the appellate process moves slowly forward, Byron has invested his time in productive activities. Since his incarceration began in 2002 he has become a writer and made many contacts along the way. Among some of his most notable accomplishments are:
| · | The maintenance of his blog, The Pariah's Syntax (www.byroncase.blogspot.com) which are posted both personal stories and opinion essays. |
| · | A story published in the Simon & Schuster anthology, Requiem for a Paper Bag, which includes stories by many notable writers, actors, and musicians. |
| · | Several pieces published in magazines and literary publications, including Polite, McSweeney's, and Family Digest. |
| · | A forthcoming, as yet untitled, regular column at www.mcsweeneys.net. |
(Permission granted for use of photograph)