Nancy Nolker is the aunt of Byron Case. Her direct testimony mainly consisted of her statement that she never saw a gun in the house of Dale Case,1 Byron Case's father; that she met Kelly Moffett when she and Byron Case visited for a Christmas dinner and Kelly was very shy around her.
Under cross-examination, she stated that she only went to her brother's house a few times per year, that she didn't know whether or not there could have been a gun in the house that she didn't see,2 and that she was never at the house the same time that Kelly Moffett was in 1997, when, according to Moffett's testimony, she had seen a gun at the house.3
Page 894       (Nancy Nolker testimony)THE COURT:(The following proceedings were had in the courtroom in the presence and hearing of the jury:)NANCY NOLKER, having been duly sworn by the Court, testified:Good morning, ladies and gentlemen. Mr. Lance, you can go ahead and call your next witness.
DIRECT EXAMINATION BY MR. LANCE:
Q.A.For the record, Please state your name.Q.Nancy Nolker.A.And where do you currently reside?Q.Richmond, Missouri.A.Where are you employed?Q.I'm self-employed. We own a couple of dump trucks, Nolker Trucking, and I do the bookkeeping out of our home.A.Ms. Nolker, back in 1997, where were you residing that time?Q.Kearney, Missouri.A.Is that in Clay County, Missouri?Q.Yes, it is.Ms. Nolker, how do you know the defendant Byron Case?
A.Page 895       (Nancy Nolker testimony)Q.He's my nephew.A.And can you describe the relation there?Q.His father was my brother.A.What was Byron's father's name?Q.Dale Case.A.Need to test your memory a bit and go back to 1997. Okay? During that time frame, would you ever have occasion to somefime visit your brother's home?Q.Yes, I did.A.The residence of Dale Case?Q.Yes.A.When you would visit there did you ever see any guns at the residence of Dale Case?Q.No.A.From your knowledge, did you know Mr. Dale Case to be the type of person who would go hunting, for example?Q.No. He wasn't.A.As an adult did you ever know Dale Case to go out hunting?Q.No.I understand Mr. Dale Case, your brother, passed away Christmas Eve 1997?
A.Page 896       (Nancy Nolker testimony)Q.Yes.A.Prior to that, did you ever know Dale Case to go hunting with his son, Byron Case?Q.No, I didn't.A.I'm sorry to dredge up an unpleasant memory. After your brother passed Christmas Eve 1997, did you have occasion to help take care of his estate?Q.Yes, I did.A.Including cleaning out Dale Case's home?Q.Yes.A.At that time did you locate any guns?Q.No.A.When you cleaned out his home or when you helped clean out his home, did you notice any areas on the walls where a gun could have been hanging like a gun case?Q.No, there was none.A.Or pegs or something on the wall where something like that could have hanged?Q.No.A.Ms. Nolker, did you ever meet a lady named Kelly Moffett?Q.Would that have been right around Chiistmastime 1997?Yes, I did.
A.Page 897       (Nancy Nolker testimony)Q.I met her once before that. She was with Byron at the hospital visiting when his dad was in the hospital.A.When Byron's dad was in that hospital that same year, right?Q.Yes.A.Specifically, on Christmas Day of that year, did you happen to see Kelly Moffett that day?Q.Yes, I did. She accompanied Byron to my home on Christmas day for our family gathering.A.And again, I'm sorry to bring up a bad memory; that would have been the day right after your brother passed, right?Q.Yes.A.Then there was a Christmas Day family gathering?Q.(The witness nodded.)A.And you said that was in your home?Q.Yes, it was.A.Who did Kelly Moffett arrive with?Q.With Byron.A.This would have been what? Approximately 60 days after Anastasia's murder?Q.Yes.How did Kelly Moffett behave around Byron Case?
A.Page 898       (Nancy Nolker cross-examination)Q.She seemed comfortable with him. She was a little bit shy, because she didn't know the family; and she was by his side the entire time. Didn't act like she was uncomfortable at all.A.To be near him?MR. LANCE:Right.THE COURT:No further questions.MR. FRY:Cross examination.CROSS EXAMINATION BY MR. FRY:Your Honor, I just have a few questions.
Q.A.Dale Case lived just over here in Kansas, fairly handy over here in Kansas City, Kansas?Q.Yes, right.A.And you lived in Kearney; is that right?Q.Correct.A.He would visit you probably four or five times a year; is that correct?Q.Uh-huh.A.Is that yes?Q.Yes.A.And you would visit him at his house four or five times a year; is that correct?Yes.
Q.Page 899       (Nancy Nolker cross-examination)A.In any of your visits that you made to his house during the entire year of '97, you never saw Kelly there, did you?Q.No, I did not.A.So you were never there at the same time?Q.No.A.Now, Dale was kind of an outgoing fellow before got sick, wasn't he?Q.Yes, he was.A.In fact, he was a fairly robust fellow, body builder, wasn't he?Q.Yes.A.And Dale had lots of friends; is that right?Q.Yes, he did.A.And he had lots of male friends, didn't he?Q.Yes.A.You have no idea if any of his friends ever asked keep a gun there in that house at one point in time for any reason, do you?MR. FRY:No. I wouldn't know that.THE COURT:I have no further questions.MR. LANCE:Mr. Lance.THE COURT:No redirect.Thank you, ma'am. Appreciate your testimony.
(Tbe witness was excused.)