(Counsel approached the bench and the following proceedings were had:)

I tell you what, I probably wouldn't have been able to specifically remember her except for the nose ring.

What do you expect her to say?

That she knows that's how she met the defendant. And we want to establish that the defendant moved to St. Louis to stay at her place on the exact date of September 13th of 2000. It ties into something in my closing argument.

But to establish the date that the defendant moved to St. Louis and that there were attempted contacts by Kelly Moffett to attempt to contact Byron Case in St. Louis and --

How does she know that?

I believe she was the one that answered the phone. Maybe we should make that inquiry also outside the presence of the jury.

Ultimately we may not object to her. I don't know.

Do you really want me to -- do you really want me to have this jury go upstairs? If you want me to, I suppose I can. I mean, even if she was in here, I have the discretion to let her testify.

Absolutely.

Judge, the other area I was going to ask her about was she did meet Kelly Moffett in person one time, and I think she would testify she had the impression Kelly was upset about Byron going to St. Louis.

Okay.

We don't need to do that, but for this one we'll waive the objection. I don't know that anything she is going to testify about, if it's what you're talking about, would be tainted by anything that happened in the courtroom today. I can't say that she was around yesterday or when.

I will ask, however, I know the mom hasn't been in here, but before we get started with anybody else tomorrow, that we kind of look into this, because if people have been in and out, I have seen a lot of the same faces.

Byron's mother.

That's not a problem?

No.

Why don't we get through these two witnesses and tomorrow we can I'll have you talk to your folks, and we can see them and deal with the problem before the jurors.

That Is fine.

You may proceed.

(The proceedings returned to open Court.)

Yes, I do.

Yes.

Basically, rent an apartment together?

Uh-huh.

Yes or no.

Yes. As roommates, yes.

Can you recall what time frame it was that the two of you decided it would be a good idea to go to St. Louis and rent an apartment?

We decided to move in August and, due to some of Byron's circumstances and my own, it ended up that I actually moved early and Byron ended up joining me in St. Louis later.

August of what year?

I left pretty much on the 1st of August and secured employment by the 15th and Byron arrived in St. Louis on September 13th.

All right. And what calendar year are we discussing?

2000.

The same year you first met him?

Yes.

So your friendship developed quickly?

Yes.

So you went to St. Louis first and already had the place rented?

Yes.

And I believe you said you can recall the exact date when Byron Case arrived in St. Louis?

Yes. He arrived September 13th. It was a Wednesday, and he came after 6 o'clock at night.

Is there anything significant -- or how can you remember the exact date of September 13th?

It was actually -- first of all, I had to take the day off, because I had a doctor's appointment at one p.m. and it was the first time that I had gotten health insurance again, because I was moving back to St. Louis. And the whole time I lived in Kansas City, I didn't have health insurance.

So it was my first doctor's visit again, and I had taken the day off and ended up cleaning the rest of the afternoon before he arrived.

Do you have any doubt in your mind the day he arrived was September 13th?

No, no.

I need to backtrack for just a second. Before you and Byron left for the Kansas City area, I need to ask you a question. Did you ever meet a person named Kelly Moffett?

Yes.

And would this have also been in the year 2000?

Yes.

Prior to knowing Byron, did you know Kelly Moffeft?

No.

In your entire life, how many times have you met Kelly Moffett in person?

One time in person.

Was that in St. Louis or Kansas City?

No, that was in Kansas City.

What type of time frame did you meet Kelly Moffett in relation to your moving to St. Louis?

It was directly after we had decided to make the move to St. Louis, and I was still in Kansas City living at the time. I was over at Byron and Christine's apartment and was playing Monopoly on the kitchen table when the phone call occurred that --

Who called?

Kelly called.

Did she arrive later?

Yeah.

It had to have been very early August.

All right. What happened when Kelly arrived at the apartment?

I was in Byron's bedroom and was -- I think I was on the computer. And Kelly came in, and I had known a lot about Kelly before I had ever met her, so it was kind of a big deal to actually meet her, but --

That was just hearsay you would have heard from Byron?

Right.

So this was the first meeting?

Right. She went into the living room. She had a friend of hers with her. They planted themselves down in the living room, were drinking soda, were smoking cigarettes and attempting to have a conversation with Byron.

And what was Mr. Byron Case's attitude about this visit?

Byron expressed that he didn't really want her to come over when he had gotten off the phone with her, but she was saying things on the phone to him that I think made him feel sympathetic towards her.

And she was complaining a lot about the situation --

Your Honor, I object to her talking about what Kelly said. She wasn't even on the phone.

Objection is hearsay?

Hearsay, yes.

Do you want to approach?

That's fine.

Objection sustained.

BY MR. LANCE:

Ms. Smith, just in general, did you have an impression of whether or not Kelly was happy or unhappy with the move to St. Louis?

She seemed distraught.

All right. Anything in particular that made you believe that?

The fact that she knew we were moving to St. Louis, but I didn't like -- I had no idea how she knew that. She had kind of -- I don't know how she heard about it, but she was making that kind of a big deal over it.

Did Byron Case give to Kelly Moffett his new address and phone number where he was going to be in St. Louis?

Never. And we discussed it on a few occasions, that it was not to be given out, nor was it to be really like something that was given out to people unless we both kind of knew them beforehand and knew it wouldn't get into her hands.

All right. Later when you and Byron were living in St. Louis, did the same understanding continue?

Yes.

That Kelly Moffett was not to have his address?

Yes.

And do you know whether or not Kelly Moffett attempted to contact Byron in St. Louis?

Yes. Kelly did call and I did speak to Kelly on a couple of occasions on the telephone.

What was Kelly Moffett's request?

To speak to Byron.

And was it made clear that Byron did not want to have contact with her?

The few times I clearly remember I essentially lied and told her that he did not live there or he was not able to be contacted at this number.

After you made that clear to Kelly, did she continue to call?

She called probably a total of three times that I can recall, and each time I thought that I made that pretty clear, but then a few weeks later the phone rang again so --

As far as you know, did Byron ever speak to Kelly over the phone while Byron lived in St. Louis?

(There was no response.)

As far as you know?

I couldn't say.

At some point did Byron move out to live elsewhere in St. Louis?

Yes.

Do you know the approximate date that happened?

December, early December.

Calendar year 2000?

Of the calendar year 2000, yes.

But Byron was still living somewhere in St. Louis?

Yes.

Even after Byron moved out, was Kelly Moffett calling your place trying to find Byron?

No.

No further questions.

Cross examination.

If I can have just a moment, Judge.

Sure.

Could you elaborate on the question?

Sure. I think that you had told me that the Defendant's attitude towards Kelly was along the lines of he didn't have anything to say to her, sorry about your situation and how bad it is for you, Kelly, but I don't have anything more to say to you. Did he really try to distance himself from her? Is that fair?

In some ways. But the fact that she was still -- she had said on the phone that she needed to take a shower and that she had been living in a very poor situation, and the fact that he was still letting her come in -- because that's what her exact request was, to eat something and take a shower. When she got there, she didn't look like she needed to take a shower, and she didn't eat anything. So he was still trying to take care of that for her because that's what --

So when he hung up the phone, he told you that Kelly wanted to come take a shower?

I was also in the room during the phone conversation.

I understand, but you weren't talking to her, right?

So what happened on the telephone is what the defendant told you; is that fair?

(There was no response.)

Did you hear Kelly Moffett talking on the telephone?

No. But to hear one side of the conversation on the phone, definitely when you're the only person in the room gives you a lot of inclination to what's going on in the background.

So your impression along with what the defendant told you was Kelly wanted to come over and take a shower?

And other things, but, yes.

Okay. And when she came over, she didn't want to take a shower, she wanted to talk to Byron; fair?

Fair.

And didn't you tell me on the phone that it seemed to you like Kelly wanted to make Byron responsible for her problems?

Yes.

And that Byron's response, was basically I'm not responsible for your problems. You need to dig yourself out of the hole you're in on your own and get it together. Isn't that what you told me on the phone?

Yeah.

Okay. Is that fair?

Yeah.

And when Kelly showed up, she really wasn't saying very much, but that she expressed that she was just living through hell; is that fair?

Yes.

And you were present hearing all of this?

Yes.

And, in fact, I think the way you characterized it is it appeared to you that Kelly was trying to put Byron on a guilt trip?

Yeah.

And you've looked through all the police reports, and things like that; is that fair to say?

Yes.

And your mom is actually -- his mother is actually the one who put you in contact with his lawyer; is that right --

(There was no response.)

-- and asked you to come forward and talk to Mr. Lance?

Yes.

And that was based on what you told her about the conversations you had had with Kelly; is that right?

Yes.

You said that that visit that Kelly made to the apartment lasted quite awhile; isn't that right?

Yes.

And I think you estimate you gave me was like one or two hours; Kelly just wouldn't leave?

Yes.

And the way that you told me that she was just rambling on?

Her friend was there also and there were four people in the room.

So there was actually a lot of pauses in the conversation where it seemed like there was underlying conversations that would have been being had had there not been other people in the room.

So you got the feeling that maybe, if you guys weren't there, there might have been more things said?

She would have been talking more, yes.

Uh-huh.

Yes or no.

Yes.

And do you believe Byron Case responded appropriately at that time or how did he respond?

I believe that Byron responded appropriately because at that time he had decided to make a change for himself and to take care of himself and that that was the appropriate response, that he had spent a long time trying to take care of her and had made that shift I think.

That he was no longer going to try and take care of her?

Well, that you can only help a person to a certain point and then, yeah, they have to make that choice to help themselves too.

And you estimated this visit with Kelly Moffett lasted an hour or two?

Yes.

And was it your general impression she just would not leave?

Yes.

Did --

In fact, the reason that Kelly did end up leaving was that Byron and I essentially said to each other, "Oh, you have to be back at your apartment now, Jamie, don't you?"

And I was like, "Oh, yeah, I need to go."

So Byron told her that he had to take me home, so that's when her and her friend left.

So just to clarify, is it fair to say that Kelly Moffett stayed so long, you had to make up excuses that night to get rid of her?

Yes.

No further.

Anything else?

No, that covers it.

Thank you, Ms. Smith. Appreciate your testimony.

(The witness was excused.)