The FAQ: The Murder of Anastasia WitbolsFeugen
What are Byron Case's recent and current activities?
We cannot and do not follow the activities of Byron Case in any regular manner. Most -- nearly all -- of the information we receive about him comes to us at irregular intervals from former friends of his whom he has alienated, Some of them continue to receive information about him, as he apparently does not realize that he has alienated them. The only other source is the Victims' Liason from the Missouri Department of Corrections and the Attorney-General's Office. We pass on what we hear from those sources.Top of page
On November 15, 2010, Case exhausted the last of his appeals when the Supreme Court of the United States refused a rehearing of his petition for writ of certiorai, a petition they had refused just six weeks earlier.
This means that the burden of proof of his alleged innocence has now passed solely to him. In order to reverse the results of his trial, he must now produce convincing new exculpatory evidence. Any legal actions will now be aimed in that direction. We will not gloat over the finality of his situation. We will merely state that we believe the correctness of the findings of each court, from his guilty conviction in his 2002 criminal trial up to the refusal by SCOTUS to review the lower court's decision upholding his conviction.
We do, however, note that Case's family and some friends continue to try to draw support for his case using many highly questionable claims, and some outright fabrications. They emphasize and exaggerate minor and peripheral issues that they feel might help their case and avoid addressing the inculpatory evidence in the case, such as the defendant's tacit admission and the physical impossibilities presented by the his alibi, and we will continue to challenge such misinformation. One of the latest efforts is to again raise the claim that Anastasia's death was the result of a suicide pact between her and her ex-boyfriend, Justin Bruton, despite the fact that such claims were refuted long ago.1
Case's latest effort to reverse his conviction is that he petitioned the Governor of Missouri in October 2011 for a pardon, he and his supporters offering many specious claims as to his accuser's motives, most of which were refuted during trial, and many of which he provides no proof whatsoever. He continues to cite the testimony of Don Rand, despite the fact that Rand's testimony did nothing in his favor.
One of his supporters offered what they considered to be forensic evidence that they considered "absolutely" irrefutable, having developed most of it from internet sources. Anastasia's family sent a response to the Governor's office in December 2011, citing a number of articles published in pathology journals that challenged or rebutted every claim.
Anastasia's killer made an exceptional mistake in his personal appeal by telling three stories in particular, one about himself, one about his accuser, and a third about both of them, for which strong evidence to the contrary existed. Two of his stories directly contradicted sworn trial testimony (some of it his own), and the other was just a variation of an old story he had previously published on one of the web diaries he kept before his arrest.
Since his incarceration in a state penitentiary in 2002, Case has engaged in a number of scams in violation of Department of Corrections policies. He and his supporters have attempted to paint such actions as protests against the unfairness of prison life. They range from deliberate and surreptitious efforts to solicit pen pals -- in most cases attempting to scam the would-be pen-pals as well -- to underreporting (or not reporting at all) his income.
Word was passed from multiple unsolicited sources (all former supporters) that he is currently involved in seeking a publisher for what he describes as his "memoir", and that he had a plan to avoid reporting such income from this "venture" to the Missouri Department of Corrections, as required by law.
Another current activity of his family and supporters has been to cyber-stalk both Kelly Moffett and some of her family members as well as those of Anastasia's. A FaceBook attack was the most recent.
In seeking aid from others, the killer's web site has made great effort to paint him 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 mixed success. In response to that, we hasten to remind those who read this individual's works and think that this cannot be the writing of a killer, about Jack Abbott,2 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 Anastasia's own killer's web re-creation of her murder in a fictious setting,3 published before his arrest.