» News » Fact Check » Case Documents » Appeals » Pictures » Guestbook » Contact » Links   Press » Back to Press Re-examining the Case: Mother of Byron Case Insists Her Son's Case is Not Closed By Sherii Parrett, The Spectrum Five years ago on a Fall night in October, Anastasia WitbolsFeugen, 18, died. Somewhere between the hours when her friends allegedly saw her stomp off down Truman Road in Independence, Missouri, and the time her body was discovered in Lincoln Cemetery, Anastasia WitbolsFeugen was murdered. The discovery of WitbolsFeugen's dead body began a spiral of questions without answers. A Jackson County sheriff's deputy found her lying in the road in the cemetery at 3:45 a.m. This confirmed her family's worst fears since they learned of her disappearance. At around 10:30 p.m. the night before, they received a call from Anastasia WitbolsFeugen's boyfriend, Justin Bruton, 18. He called to ask whether or not Anastasia made it home. He explained that at around 8:30 p.m. they had had another fight, and in one of her usual tantrums, WitbolsFeugen got out of his car and refused to get back in. Bruton discovered she hadn't made it home yet. Nor would she ever. Police tried to piece together what happened that night. They spoke to her friends, Byron Case, 18 and Kelly Moffett, 14, and were looked for unsuccessfully for Bruton. They were together with her just hours before her brutal death and the last persons known to have seen her alive. They all gave the same account of their last hours with WitbolsFeugen. They recounted to police exactly what Bruton told WitbolsFeugen's father the night before. WitbolsFeugen got out of Justin's car and ran off after their argument. This was typical behavior for the young woman. Only hours after WitbolsFeugen's body was discovered, in an act as stormy and unstable as their relationship, Bruton bought a gun and committed suicide. His body was found in DeSoto, Kansas. Meanwhile, no clues were uncovered to identify WitbolsFeugen's murderer. No forensic evidence was gathered that might give any indication as to who the murderer might be. She had been shot in the face. There was no sign of a struggle. Police speculated that she either knew or was surprised by her attacker. Her family would not rest until they could put a name to the person capable of killing their daughter in cold blood. They offered a monetary reward to anyone who could give information about their daughter's death. For years, the crime went unsolved and WitbolsFeugen's death remained a mystery. To not know who killed their child was an insufferable conundrum for her parents, Robert WitbolsFeugen and Diane Marshall. Her father spent hours making calls and writing letters to the Independence Police Department. He contacted the Police Department so many times that he received a letter from them asking him to stop. This year, on May 5, 2002, a friend of Anastasia WitbolsFeugen's was convicted for her murder. Now, her parents believe they finally have a name for their daughter's killer - Byron Case - and they are relieved. "It is good to put a face and a name on the man who killed her," Katie WitbolsFeugen, 18, the victim's sister said after the sentencing in June. Kelly Moffett, 18, Case's girlfriend, who was together with him and WitbolsFeugen the night of her death, provided the name. Nearly half a decade after giving an account that corresponded with Case's account of what happened the night the murder occurred, Moffett deviated from her original story. In the interim, Case broke off his relationship with her. Friends of Case and Moffett say she was very bitter over the break-up. They heard her say she was going to make Case's life a "living hell." Case would tell you from where he sits, behind bars and sentenced to life in prison without parole, that in that, she succeeded. In a recent letter to Pitch Weekly, Patrick Rock, a WitbolsFeugen family member, commented that "Anastasia's family just feels fortunate that one individual with a conscience finally came forward and brought that much of our nightmare to a close." (June 27, '02). In May, based solely on the testimony of Moffett, with no physical evidence, no other witnesses, and without money to pay for his own attorney, Case was found guilty of first-degree murder and armed criminal action for the 1997 shooting death of Anastasia WitbolsFeugen. Moffett testified at the trial that Case and WitbolsFeugen's boyfriend, Justin Bruton, plotted to kill WitbolsFeugen on October 22, 1997. Under cross-examination, defense attorney Horton Lance noted that Moffett at different times had also told people that Bruton did the killing. She said she did so out of fear she would be accused of the crime. With Case's conviction and sentencing, some of the anger and frustration the WitbolsFeugen family experienced is now assuaged. To them, justice is served. They feel some small solace, but certainly no relief, to the wracking pain that a parent carries when their child's life is taken. While the WitbolsFuegen family celebrates his conviction, Case's mother, Evelyn Case, is in an agony of her own. Living with the firm belief that her child is wrongfully accused and convicted of a crime he did not commit brings her a torment similar to what the WitbolsFeugen's experienced. She believes her son's life, as he knew it in freedom, was also taken from him. "They've got the wrong person," she maintains. "The key witness to testify at the trial earlier this year was an angry ex-girlfriend and not a very credible witness," Case stated. "The prosecution had no motive and no physical evidence," she adds. "The media is no help, either. That Pitch Weekly article was very one-sided and I wrote to them about that," says Case, 50. She refers to the following letter she wrote to Pitch Weekly, (May 30, '02): "Allie Johnson's 'Cemetery Plot' infuriated me. In my opinion, it was skewed. I was disappointed in the accuracy of several "facts" cited. She obviously had access to Byron's Web site, given the frequent references that were made in the story (quotations and even the use of photos from the site). I found it in poor taste that out of the portraits of Byron available on the site (which depicted a smiling, jovial young man), the Pitch opted to use one that would give readers an impression fitting for such a biased account. Those of us who know and love him and would be willing to put our hands in the fire for him have been devastated enough by these events. It's horrible when just one person is the accuser -- regardless of their reasons why -- but when the media joins in, it's almost too much to bear. I speak for all of Byron's friends and loved ones when I say that we feel deceived by the wolf-in-sheep's-clothing approach used by your reporter. There is a Turkish saying: 'A liar's candle burns until everybody sleeps at night.' Evelyn Case, Kansas City, Missouri Case also was upset about other media coverage. "I had to shake my head when I read what the Kansas City Star wrote in one article about Kelly Moffett turning to drugs because of the horrible secret she'd kept. Moffett was doing drugs before any of this happened. She was always in trouble with her parents," Case explained. She went on to describe in vivid detail the turmoil her family has been through since the time of her only son's arrest one year ago. "I have no control. I have tried every avenue to get answers to what truly happened, " Case said. "I feel terrible for the WitbolsFeugen family. I've burned many candles for Anastasia. But, that does not mean that I will not stand by my son. From the beginning, he's fully cooperated with the police. He spoke with the detective assigned to the case. His friends were also questioned. We did not know he was even implicated for this crime, which at the time of his arrest, was three years in the past. Byron had not been in any trouble. He was asleep in his room, sick with a sore throat the night of his surprise arrest. We never expected that," Case stated. The room Case referred to is the same room that, years earlier, had been occupied by Byron's friends when they came to visit. If they weren't at Justin Bruton's Plaza apartment, then they were at the Case residence. Case lived with his mother and stepfather when he wasn't at Justin's place. "They'd come over here and go in his room and listen to music, talk, whatever," Case's mother said. "Justin was so polite and would speak in German to me. I made him German treats, cookies and such. Kelly would never come out and speak with me," she recalled. Case said Byron apologized to her many times for Kelly's behavior. "Kelly's mother said the psychiatrists told her that she might be a sociopath. Byron was always trying to take care of her," she remembered. Her own comment shifted her from reminiscing into a contemplation mode again. "Why isn't anyone questioning Kelly's behavior? This thing has been so confusing from the beginning. She changes her story every time and justifies it by the amount of time that has gone by and that she was so young at the time. Everyone is so willing to implicate Byron." Case adds, "I guess I can't feel bad for wondering about the testimony of someone who used to call my son from crack houses asking if she could come over and take a shower. He was always so nice and helpful to her. Isn't it possible that she is trying to get the reward money to pay for her drug problem or to get even with my son? Couldn't it be possible that she needs to explain to her family the reason for all she's put them through with her drug problem?" Case wondered aloud. Case is weary to the bone. Her life has been turned upside down. She cannot concentrate or enjoy small pleasures such as traveling and eating in restaurants without thinking of her son sitting alone in a jail cell. She went on an extended fast to try to ensure that she was able to mentally challenge the trial. Case spends hours of her time and money going to organizations such as the Association in Defense of the Wrongly Convicted. An appeal has been filed for her son's sentence. "It says poor person's appeal on it," Case says with a sigh. This label means Byron Case cannot afford legal representation. Byron Case made a personal appeal of his own to the judge at his sentencing when he politely asked for a re-trial. "Your Honor, may I please have a re-trial since you fell asleep during my first one? This is my life we are talking about," he asked Circuit Judge Charles E. Atwell, who denied his request. After his sentence was pronounced, Case's mother broke down in sobs and tried to reach for her son. Sheriffs held her back while Case, white and shaking, was taken away. In gesture of empathy, Robert WitbolsFeugen, the victim's father, put his hand on Case's shoulder and tried to comfort her afterward, to no avail. Presently, Case cannot be comforted. Her son has been moved to Western Reception Diagnostic Center in St. Joseph, Missouri where it will be decided in which prison he will serve his sentence. "I heard that Mr. WitbolsFeugen has been contacted by 48 Hours. I hope they do come out and investigate. If anyone puts any effort into this investigation, they will see my son is not guilty of Anastasia's murder," Case said. Prosecutors did not seek the death penalty. A first-degree conviction carries an automatic sentence of life without parole, if execution is not sought. Case's supporters at the trial included about a dozen friends and relatives along with his paternal grandparents, and mother. Evelyn Case will support her son's appeal. She described her son's reaction when she told him she would get a second mortgage on her house if necessary, "He said, 'No! I can't let you do that, mom!'" Case declared, adding, "He is always worried about me in this. He is an angel to me. I raised my son right. I know I did." Evelyn Case's "normal" life has disappeared. She is consumed with activity surrounding her son's appeal. "More and more people are coming into the picture. I am not the only one who believes in Byron's innocence whether the media paints it that way or not." Evelyn Case says she will not give up the fight to prove her son's innocence "Byron feels totally defeated and I tell him we will not give up," she says. "He just feels like he is totally forgotten. He is so lonely and frightened and I am so frustrated. There has to be something that I can do for him," said Case. One wonders how a mother ever copes with a situation like this. "Some people go to counselors, psychiatrists, and therapists. I go to my friends." Case said.