The FAQ: The Murder of Anastasia WitbolsFeugen
What are Byron Case's recent and current activities?
Byron Case is, of course, engaged in his habeas corpus appeal before a Federal Appeals Court of his conviction,1 having had his last state appeal denied by the Missouri Supreme Court on April 29, 2008. It is generally acknowledged that Case has already taken his best shots in his first appeals already, and that a reversal of his conviction is extremely unlikely bordering on impossible at this time.Top of pageSince his arrest for murder in 2001, Byron Case has made a great effort to paint himself as a sensitive, caring, and gentle person, absolutely incapable of being the man found guilty of pulling the trigger. He was also something of a writer before his conviction, and has continued in that pursuit since his incarceration.
With the help of a few friends, most of whom met him since his conviction, Case produces an online blog on an irregular basis, with his own original essays and earns a small amount of money from it. One of his works was an essay on how tragic Anastasia's death was, and how close he was to her. For those who never knew Anastasia (and that is most of his current readers), it seems they were great friends. We have already dealt elsewhere with the issue of what good "friends" Case and Anastasia were.2 It is the policy of the Missouri Department of Corrections that 90% of any money that a convicted inmate earns while incarcerated must go into a restitution fund intended for crime victims; Case circumvents this by having his earnings paid to his mother, thereby continuing to violate the law.
We would also hasten to remind those who read Case's works and think that this cannot be the writing of a killer, about Jack Abbott,3 author of In the Belly of the Beast, written about his experiences in prison. It shows that even a brutal killer can wear a mask of wit, charm and civility, and would also point to Case's web re-creation of the murder in a fictious setting.4
Case made a number of efforts to solicit pen-pals through web connections while in prison, and continued to do so after the Missouri Department of Corrections put a new policy into effect prohibiting inmates from doing so.5 He went so far as to have a friend set up a blind post office box in North Carolina so he could circumvent and directly violate the Department rules. He eventually was caught at it (and having put up three or four "MySpace" profiles that also were in violation of the policy) and was punished by a temporary loss of privileges, but still displays no regret for his violations, only for having been caught. According to a former friend of his, he blamed his victim's family for turning him in (an untrue claim), without addressing the fact that he was violating rules and attempting to hide his actions all along. They now keep a Facebook site for Case, having had to give up their MySpace group.
His friends have maintained a web site that solicits donations with half truths and some outright misrepresentations; for a long time, it claimed that Kelly Moffett's "alleged" eyewitness testimony was the sole influence in his "wrongful" conviction, and continues to claim without a shred of documentation that Kelly Moffett had "a history of drug use and mental health issues", ignoring that the heavy drug use and "mental health issues" were all directly tied to her having witnessed a murder, simultaneously avoiding the fact that Byron Case had a much longer and heavier history of drug use and mental health issues himself.
The web sites claims to have posted "all" the necessary documentation, though a count of its "case documents" reveals that only 14 of the 38 cherry-picked documents listed (barely a third of the total) have any relevance to testimony and evidence given at the trial itself, the remainder covering individuals who were uninvolved with the trial or issues that were never raised at trial. It leaves off a significant phone conversation between Case and the Sheriff's department,6 in which Case's lack of cooperation with a murder investigation is evident,7 as well as original statements made to police by the majority of Case's defense witnesses. Also missing from the document list was a transcript of any significant part of the trial State v. Case, all of which has now been made available on this website,8 and they completely fail to acknowledge Case's tacit admission,9 which absolutely puts to lie their claims of "no evidence".
And last but not least, Case and a few of his family and supporters still continue to attempt to stalk and harass Anastasia's family in a variety of ways, from making anonymous accusations to police, leaving similar anonymous slander on blogs whenever the opportunity presents itself. It seems that when they cannot prove their own claims, they feel it an adequate substitute to attack others.