Of course she would never done that if she were calm, cool or reflective. This happened in a fit of rage.

She got out of the car in a fit of rage. She isn't thinking where I'm at. She isn't thinking to herself there is nobody at home to call for a ride. The jury heard that evidence. She realizes that after she is out of the car, sure. But it happened in a fit of rage.

She tries to take the shortcut, and she made a mistake, because she was alone unarmed, young teen-age girl. I think, if you look at the map, you can see what happened.

She gets out of the car right here at the stoplight at 435, and she starts walking east. And you can see this is a vain attempt to take a shortcut to somewhere. You've heard the testimony. Nobody at home to call.

She is found shot dead right here in Lincoln Cemetery. Is this a vain attempt at a shortcut to cut through that cemetery back to Mount Washington, perhaps even Dairy Queen, which was over here at 24 Highway at the exit of Mount Washington?

The people at Dairy Queen were friendly to her that night. They helped her get a sanitary napkin. They let her use the pay phone numerous times. Let her hang out at Dairy Queen.

Is this a vain attempt to cut through the cemeteries or get to Dairy Queen? She never made it. She was the victim of a stranger who has never been caught. This is still an unsolved crime. That's a hurdle that I understand the jury has to get over to reach the proper verdict here.

It's not a comfortable verdict, because, if you vote not guilty, you're saying we don't know who did it. There is no closure.

Do you understand the psychological term closure? Everybody wants closure and wants to know what happened. That makes it easy to wrap up.

To vote not guilty, you have to get over that hurdle. There is no closure in this case. This case has never been solved. The gun has never been found.

The passage of time over three years allows Kelly Moffett to begin to formulate this idea that, you know, the police have no idea what happened. The police have no clues, literally, of what happened here. I can come up with any story.

So how can she come up with that kind of a bizarre story? So I'm going to ask the jury to get inside Kelly Moffett's head. We're going to go in Kelly Moffett's mind and crawl around in there and find out what's going on in the brain of Kelly Moffet, okay?

And I think what you're going to find is there are really two Kelly Moffetts. Let's talk about the two Kelly Moffetts. Here is the first Kelly Moffett. "I'm a crack addict, alcoholic. I've ruined my life. I got to go to rehab and psych counseling. I've just totally ruined my life, and I have no excuse. I'm just a screwup. I'm a total screwup. My family has forbidden me to go to the family home." That's one Kelly Moffett.

Here is the other Kelly Moffett. "I'm a crack addict and an alcoholic, but wait. I have an excuse. I'm a victim here. I'm a victim here. I saw a brutal murder. Now I have an excuse. I'm not a worthless person that ruined my life. I saw a brutal murder. It ruined my life. Take me back in the family. It's not my fault." That's the second Kelly Moffett.

Now, if you have a choice, which Kelly Moffett are you going to be? She played a game on her parents. Drug addicts are very manipulative. They'll do anything to get money out of people, to get the drugs. Lie to people. You heard that's the history here. Until finally she burned all her bridges with the family, because she lied to them that many times.

She would lie where she was at, if she was still using drugs. They had to bar her from the family home. And when she gets around to the story to start saying she may have seen the murder, even though she has told the police repeatedly for years it's obvious she didn't see the murder, nobody knows who did this murder. It's an unsolved crime.

She finally comes around, "I got to get back to my parents. Sympathy from my parents." So she starts with some excuse. "Brutalized by this murder. Traumatic to me. I saw Justin do it." That's her first story. "I saw Justin do it." That's not just a short story either.

According to the mother, this went on for months. Did she go with that story for a few days or a few weeks or for months? For months she tried to create the impression it's not my fault I'm a crack addict. I saw Justin commit the murder. I was brutalized that way.

But the parents don't immediately accept her back. So she has to change the story. She was homeless at the time. And I hope you caught that point. I asked the question to the mother, Debbie Moffett. Was it after she had been barred from your home, she was homeless? Was it after all that she started saying she saw the murder?

The answer was yes. She is very manipulative and her parents bought it hook, line, and sinker. We asked Debbie Moffett on the stand, "Do you think Kelly Moffett's life was ruined by witnessing a homicide?"

"Oh, yes." And she is welcomed back into the family home, and you have a lot of sympathy for her. But there are little clues in there that she is not even telling the truth, like psych counseling. She says she went to psych counseling. But I asked her, "Did you ever tell one of your counselors you saw a murder?"

"No."

The game she is playing is on her parents to get back, sympathy and attention. The counselor, if they're to help you through problems and that's your main problem, how could that be your main problem when you never told any of your counselors you saw a murder? That's where the problem would start. But that is not who she is trying to impress, her counselor.

And what's the other side issue here? Did she have an axe to grind with Byron Case? This is a man she admitted she once loved him. She once told him repeatedly she loved him.

After their stormy relationship and breakup, she tries to get back with him. That's Byron's impression. But he's moved on by then. He has other girlfriends. He doesn't want to get back. Does she have an axe to grind there? Is that just another side issue?

The story that Kelly Moffett comes up with in September of 2000 when she finally comes to the police and says, "Wait a minute. I saw this murder." Total opposite of what she said before.

She says that they had this plot to murder someone. They come pick her up, they have a plot to murder someone, they ask for her help. As the prosecutor used, the word absurd, we'll go with that for Kelly Moffett's story. And, if you were listening closely to the evidence, and I'm sure you were, this is the opposite of what the other witnesses are saying like the victim's sister, Francesca.

She is saying she talked to Justin on the phone and Justin is reluctant to drive to Missouri. He doesn't want to come to Missouri.

What's really happening is they're going to have this big discussion about the relationship. Justin on the phone is saying Anastasia couldn't get a ride. I don't really want to come over there now. I'm over here in Lenexa. Blah, blah, blah. It's the complete opposite of someone plotting we're going to drive over there and we're going to shoot her.

He's on the phone saying, "I don't think I can get over there now. I've already made plans." But Kelly is telling completely the opposite story of the truth.

"When I got in the car with them, they asked me if I would help them with something. We were on the way to a gas station where they wanted me to call her and ask her to meet them at Dairy Queen."

Again, if you recall the evidence, that's a complete opposite of the truth. It was Anastasia wanting to meet. Anastasia set up this meeting. Tried hard all day to get a ride there, to Mount Washington, and she only went to Dairy Queen across the street when she found herself sitting there waiting for hours. She went to Dairy Queen to use the pay phone.

So it's Anastasia's idea to meet at Dairy Queen, saying, "I'm waiting here. I'm mad, Justin. I'm at Dairy Queen now. Come get me."