STATE OF MISSOURI vs.

BYRON CASE TRANSCRIPT: TELEPHONE CALL BETWEEN KELLY MOFFETT AND BYRON CASE 5 June 2001 TRANSCRIPT OF TELEPHONE CONVERSATION BETWEEN BYRON CASE AND KELLY MOFFETT 5th of June 2001 11:30 PM CST (approx.) BC: Hello? KM: Is Byron There? BC: Yes, speaking. KM: Byron, this is Kelly. Hello. I realize you probably don’t want to talk to me -- I have to talk to you, I have to talk to you, I absolutely have to fucking talk to you. BC: [no response] KM: Okay? Hello? You’re listening. Okay. Some extremely bad shit has gone down. Are you listening to me? BC: Yeah. KM: Okay. I don’t know what to do and that’s why I called you, because you do realize that I’ve been a drug addict for some time, my memory is not that good, and they are harassing me for information now, and I don’t know what to do about it. Do you know what I’m talking about? BC: Yeah. KM: Okay. Anastasia’s dad has called me, um, two or three investigators have called me and I don’t know what to do. I don’t remember the whole story and I need your information, please, because they’re going to call me in, they’re going to fucking ask me for a lie detector test again and I have no idea. BC: [no response] KM: Okay? BC: [no response] KM: I know I’m probably the last person on the earth you want to talk to, but we have to talk about this. Otherwise, we're both fucked. BC: Where are you? KM: What? BC: Where are you? KM: I’m at my parents’ house. BC: You’re still there?

STATE OF MISSOURI vs. BYRON CASE TRANSCRIPT: TELEPHONE CALL BETWEEN KELLY MOFFETT AND BYRON CASE 5 June 2001 KM: What? BC: Are you still there? KM: Yes, I’m still there! Why, what? BC: Oh, nothing. KM: Yes, I’m still living here. BC: That’s odd. KM: What? BC: I said that was just odd. KM: How is that odd? BC: I don’t know. KM: Where the fuck else am I going to go? BC: I don’t know. KM: Why are you at your parents’ house? BC: Oh, don’t even ask. KM: I won’t ask. But seriously, this is fucked and we’re both going to be fucked. Seriously, I’m not kidding. BC: You know . . . KM: What do you mean, "you know"? What? BC: You don’t remember. KM: You don’t remember? BC: What? KM: What? BC: Yeah. Just say you don’t remember. KM: Don’t you remember? You don’t remember what we said? At all . .. BC: I do, but . . . KM: But what? BC: [unintelligible]

STATE OF MISSOURI vs. BYRON CASE TRANSCRIPT: TELEPHONE CALL BETWEEN KELLY MOFFETT AND BYRON CASE 5 June 2001 KM: Honey, this is, like, not a game anymore. And I’ve, like, realized that to its, like, fullest extent and it sucks. BC: I’m sure really surprised they called again. KM: That they called again. They’ve called a bunch again. They called me while I was in rehab, they showed up out there. Yeah, I don’t understand, like seriously, what all went on or whatever, and I seriously, I hate to say this, but why, seriously, why did you have to kill her? What was the whole fucking big deal? Could you explain that to me? BC: [no response] KM: Because I don’t get it. Seriously. Justin’s dead for no reason, she’s dead for no reason, it’s all just fucked up. And for some reason they’re talking to me, because you won’t talk. So I’m fucked. And it makes me look horrible because everybody already knows that I’m a fucking crack-head, and that I’m a cokehead, that I’m an alcoholic so I don’t remember shit. And if I tried to talk to them, nothing’s going to add up. BC: [no response] KM: So, I mean, if you could, seriously, explain to me as to why you actually felt the need to kill her, than that would really help me feel better about the whole fucking thing. BC: [no response] KM: I mean, was there, seriously, any reason to all of this? BC: We shouldn’t talk about this. KM: Why? BC: Probably because we shouldn’t talk about this. KM: Of course we should. BC: Except, at least, if I need to talk to you. KM: What do you mean? BC: [no response] KM: Yeah, I would love for you to talk to me about it because my -- nothing, nothing has been the same since that, okay? And you may have been okay or whatever, but all I did was get more drunk or get more fucked up and that’s it. That’s it! Okay. I’m not the same person and you know that. I have not been the same person for years, and I hate it. BC: [no response] KM: And something seriously has to give or we need to talk or something.

STATE OF MISSOURI vs. BYRON CASE TRANSCRIPT: TELEPHONE CALL BETWEEN KELLY MOFFETT AND BYRON CASE 5 June 2001 BC: [no response] KM: Because for some reason, you know, it just seems like you were inaccessible or you were too cold or something, and everybody’s coming to me. And I can’t talk to Anastasia’s dad, and I can’t do any of this. BC: [unintelligible] KM: What? BC: I got -- see, I was granted immunity— KM: What? BC: -- by the lawyer, or by the prosecutor, excuse me. KM: Uh-huh. BC: Through my lawyer. Because I told them everything about this, you know, I -KM: You told what? BC: I said I told my lawyer flat out that I didn’t -- I wasn’t going to remember things. KM: Uh-huh. BC: Told the cops that, too. I was, like, "I can’t remember things." And so, basically, I would, you know, tell them up front, before you go in or agree to meet them, just say "I’m not going to remember things." KM: I have. BC: Write something on paper that says that, you know, if I fuck up, you know, because you wouldn’t want us to, like, slip -KM: I have! But that doesn’t make any fucking difference! What are you talking about? They told you this and that -- they never told me anything. BC: What? KM: What? BC: Never told you what? KM: Did you -- what did you say about immunity? What are you talking about? BC: Well, yeah, that basically I was given, which basically means that, like, nothing I said could be used in court against me. KM: I guess, whatever, but I don’t know, okay? I need, I seriously need to talk to you. When is, like, a time we can talk, please?

STATE OF MISSOURI vs. BYRON CASE TRANSCRIPT: TELEPHONE CALL BETWEEN KELLY MOFFETT AND BYRON CASE 5 June 2001 BC: Tomorrow. KM: Tomorrow when? BC: When you’re free. The earlier the better. KM: In the morning? BC: Uh, let’s see. KM: Are you talking about, like, in person or something? BC: Yes. --------------------- Source file incomplete beyond his point --------------------- Remainder transcribed by Skeptical Juror KM: Cause I don’t yeah like this over the phone bullshit. But I can’t, seriously, I mean you all … I was the one that [inaudible], I was the one that all this shit happened to and so I am the one they like [inaudible] for some reason that dipshit fucking police force out there to talk to us. Somehow Anastasia’s father has my number, and you know how disturbing he is .. BC: Yeah, I know. KM: … and he’s emailing me and he’s calling me and I have no idea what to do and I can’t remember anything. BC: [inaudible] responsible [inaudible] KM: I know, but I don’t remember anything. This whole thing [inaudible] and I thought it would go away and it’s not. Okay, well, so what do you want me to do? BC: Uh, do you have a car? KM: Yes, I have a car. Do you have a car? BC: Yes. KM: Okay. Where, where .. I mean, complex as your mom’s [inaudible] other than the fuck [inaudible] surprise you were better. Why don’t you call me back. I’ve been trying to a hold of you for so long. BC: [inaudible] KM: I’ve been calling your mom’s house for the past week because they’ve been calling me for like the past god knows how long. Ever since I got into rehab they’ve been calling me like every couple weeks. BC: [inaudible] your number. I [inaudible] KM: Okay.

STATE OF MISSOURI vs. BYRON CASE TRANSCRIPT: TELEPHONE CALL BETWEEN KELLY MOFFETT AND BYRON CASE 5 June 2001 BC: [inaudible] KM: Well there is, my mother [inaudible] when I called. I don’t know. Okay the earlier the better. [inaudible] BC: [inaudible] KM: [inaudible] any time? BC: You free all day? KM: Yes, I’m free all day. I don’t start work ‘til Thursday. I don’t start working again ‘til Thursday. BC: Uh … [inaudible] figure out where first. KM: Okay. BC: Uh … [inaudible] umm… I’m getting over a cold. KM: [inaudible] BC: [inaudible] KM: [inaudible] BC: Umm … KM: Loose Park? [inaudible] I don’t know. BC: Uh … [inaudible] to be leaving. KM: Yeah. BC: [inaudible] That works. KM: What? BC: That works. KM: That works? BC: Yeah. KM: Okay. Uh .. how ‘bout just umm … the place that I go to Loose Park is just the main entrance off of like fifty-third and [inaudible] BC: Say … what? KM: What? [inaudible] Are we talking about Loose Park? BC: Yeah.

STATE OF MISSOURI vs. BYRON CASE TRANSCRIPT: TELEPHONE CALL BETWEEN KELLY MOFFETT AND BYRON CASE 5 June 2001 KM: Okay. BD: What [inaudible] KM: I get there from the pond. I don’t know. How do you get there? BC: Uh … well I’m going to be [inaudible]. Anyway, that’s right above the pool [Inaudible] KM: [inaudible] BC: [inaudible] KM: [inaudible] the circle one, that has like on the left, it’s like the pond and all that shit. BC: Yeah, yeah. That’s where I [inaudible] KM: Yeah, that’s the one. What time? BC: Uh [inaudible] how about [inaudible] around [inaudible] ten o’clock [inaudible] KM: Yeah. BC: Uh [inaudible] eleven. KM: Okay. BC: [inaudible] KM: Okay. I can do that. I know how to drive a stick shift, man. BC: [inaudible] KM: A dozen? BC: Yeah. KM: Okay, I’ll be there. You’ll be in all black, I assume. BC: Probably not. KM: Probably not, really? I’m impressed. BC: Look for the weirdest car there. KM: I know your car has all that weird shit welded onto it, doesn’t it. BC: I got rid of that one. KM: Oh, uh, you’re … what’s your car now? Mercur … BC: Different one with shit welded all over it.

STATE OF MISSOURI vs. BYRON CASE TRANSCRIPT: TELEPHONE CALL BETWEEN KELLY MOFFETT AND BYRON CASE 5 June 2001 KM: Okay. BC: [inaudible] stuff. KM: Okay. Eleven o’clock. BC: Okay KM: I’ll be there. BC: [inaudible] KM: Okay. Bye.