Showing posts with label kelly moffett. Show all posts
Showing posts with label kelly moffett. Show all posts

21 September, 2021

Ten Years After Filing, My Application for Pardon Gets Shot Down

My hopes were never all that high. Governors, even when they do exercise their clemency privilege, rarely grant pardon. Why undo what the courts – those perfectly fair and just arbiters of truth – have done? Justice had its chance at trial. Still, this form letter on flimsy paper is a major letdown.

"Dear Offender Case," it begins.

My first thought was, Fuck you, you pompous twit. Would it have killed him to address me with a formulaic "Mr."? I envision a meeting of self-righteous DOC higher-ups, at which were discussed sundry ways of making sure the imprisoned feel good and low. I'm sure that suggesting the word "offender" won someone high praise. It succeeds in being simultaneously reductive and hyperbolic, a big, ugly brand on the neck of anyone who passes through the gates of a "correctional" center. Even if I were guilty of the crime that put me in prison, this designation would piss me off.

"This letter is in response to your application for Executive Clemency. I regret to inform you that the Governor has declined to grant clemency."

So that's that, then.

I filed my application for clemency in the fall of 2011, following months of research. Once I composed a straightforward narrative of my case and felt ready, I mailed my application form with a forty-one page summary of the case, a personal letter to then-incumbent Governor Jay Nixon, information relating to bipolar disorder (which Kelly Moffett was diagnosed with), a Kansas City Police officer's report, a copy of the 2007 book The Skeptical Juror and the Trial of Byron Case, an excerpt from a forensic study titled "Eye Changes After Death," and Jackson County Sheriff's Department interviews with Robert WitbolsFeugen and Betsy Owens, Anastasia WitbolsFeugen's parents.

A bunch of my friends and supporters wrote letters that pleaded for Mr. Nixon to give me my freedom. The Office of the Governor forwarded these to the Missouri Board of Probation and Parole, which manages all clemency applications for the governor. For a while, P & P even forwarded me copies of its responses. They must have some rule about only answering constituents, because I never heard about anyone living outside of the state hearing back, but still, a nice gesture.

My mother started a petition online, collecting signatures in support of my release. John Allen, author of that Skeptical Juror book, wrote a whole series of mailings to Governor Nixon, which picked the case to bits. Both John and Mum traveled to Jefferson City, Missouri's capital, to meet and talk with two successive governors' legal counsel. All of this for naught.

I'm not complaining that Governor Parson shot me down (or not only that, anyway) but that the act took a full decade to carry out and ended with an insulting form letter. Insult to injury.

Oh, but FreeByronCase.com got a cool new look and layout last week. At the same time, Framed for Life, Volume 3 hit Amazon's shelves and some journalists took an interest. My lawyer has been quiet for a couple of months, which I can only hope means the species of busyness that yields progress. Dedicated supporters are putting forth more energy, all at once, than they have in a while. All of this imparts the sensation of building momentum – but is that really what it is? Only time will tell. Meanwhile, shame on you, Governor Parson, for rubber-stamping people's lives away.

08 September, 2017

A Call for Inaction, Following Robert WitbolsFeugen's Indictment

According to MissouriCaseNet, Anastasia WitbolsFeugen's father, Robert WitbolsFeugen, is facing charges for statutory sodomy in Jackson County, Missouri. The incident these charges stem from allegedly took place in 2015. A lot of people in the Free Byron Case camp have believed for a long time that he has a history of child sexual abuse and are now relieved that "he finally got caught." My own opinion is different, and because it concerns a relevant, topical issue I'm dispensing with my usual policy of avoiding legal matters in blog posts. I want my supporters, the general public, and those "Keep Byron Case in Prison" people to know where I stand.

A friend recently called me the least angry person he knew, with the best reason to be angry. Of course this referred to my wrongful conviction for murder and how I move through life without the caustic bitterness that might eat a less levelheaded person alive. Kelly Moffett, the ex-girlfriend whose lie let prosecutors close a pesky three-and-a-half-year-old case, may deserve my hatred for the damage she's done, but I have (I might as well be blunt) nobler ideals. Kelly is mentally ill. The extent of her illness isn't for me to diagnose or discuss here, but it's an irrefutable fact, based on documentation and anecdotal evidence, that she's a sick woman. My belief is that Kelly should have intensive psychiatric treatment on an inpatient basis, as she's a danger to those around her and, as her behavior over the past decades has shown, to herself.

But what's Kelly Moffett got to do with Robert WitbolsFeugen's criminal charges? you ask.

Robert is unquestionably one of the reasons that I'm typing this post in a prison cell. It was Robert who harassed the Jackson County Sheriff's Department to close the case, then, when no immediate results materialized, started pointing the finger at me and my friends, whose goth mien — black clothes and hair, pale skin, makeup, and piercings — made us seem like potential subjects of interest in a case whose principals hung out in cemeteries, coffeehouses, and (maybe most pernicious) video rental stores. It was Robert who invented theories of cultish goings-on, to pique investigators' interest. It was Robert who hounded county and state officials well beyond a job offer from the Jackson County Legislature and the passage of Interim Senate Resolution Number CL3777, which begins, "WHEREAS it is with heavy hearts that the members of the Missouri Senate pause to recognize the life and lifetime achievements of a remarkable young woman, Anastasia Elizabeth WitbolsFeugen of Independence, Missouri." It was Robert who forced authorities into an apparent ethical bind over the case and engineered the political pressure to close the fucking thing ASAP.

I have every reason to want both Kelly Moffett and Robert WitbolsFeugen to suffer the kind of torture that's been inflicted on me because of their actions…but I don't.

I especially don't share the notion that Robert's criminal charges are anything more than a curiosity at this point. There was a lot of scuttlebutt about allegations of child sexual abuse — of neighbor kids, of Robert's own daughters — sparked by statements made during the Sheriff's Department investigation. Any truth in these allegations would slightly bolster the already-established belief that Anastasia was suicidal, the whole week before her death, in that breaking up with Justin Bruton forced her to move back in with the man who may have molested her for years — but this is speculative at best. Besides, the man hasn't even had his pretrial hearing yet, at which the admissible evidence will be discussed in court. With what I'm big enough to admit is my own smug piety, I want everyone who reads this to know that I believe Robert deserves the benefit of the doubt. He crusaded against it for me, but our criminal justice system is based on certain principles, one of which is the presumption of innocence. A person who stands accused of a crime must be considered innocent of that crime unless sufficient evidence is presented by the prosecution to eliminate all reasonable doubt. I believe in this right even more fervently because it was denied me and led to my being imprisoned for the rest of my life simply because I befriended two kids my own age whose problems were beyond their abilities to grow beyond.

Robert WitbolsFeugen is a profoundly damaged human being who's done despicable things. He's also, presumably, innocent. Please, everyone, let the justice system grind its way to a conclusion in this matter without interference. Overemotional activism has led to enough injustice already.

05 December, 2016

Awful, Contemptible, Foolhardy Hope

Hope is the best-smelling meal you've ever salivated over, which riddles you with intestinal parasites. Hope is the cutest girl in your third-grade class, approaching you at recess just to kick you in the nuts and run away giggling. Hope is the stingray you mistake for a sand dollar. Hope is the big, frosty orange-sherbet tub in Grandma's freezer, from which you scoop a bowlful and discover, too late, is frozen chicken fat. Hope is the beauty spot on your cheek that metastasizes.

You might've been surprised to read, in my September post about MTV's Unlocking the Truth, that the series had me "excited for the future," since I normally eschew such hopeful abandon. If you later scratched your head at the series finale, aware of what producers cut from the show, you'll understand now why my September enthusiasm turns my stomach.

Hope is the imprisoned innocent's daydream of freedom.

As a recovering pessimist, I nevertheless consider wide-eyed, credulous hope a failure to maintain perspective. My perspective was warped when I unquestioningly believed that, with access to all our information, Unlocking the Truth would at least mention certain witnesses, certain critical points, even if television's strict time constraints prevented lengthy discussion of them. As long as all of the information got out, I'd have been satisfied with whatever interpretation of it the series came to. The narrative only goes one way, so I naively waited, episode after episode, for them to show the rest of the picture.

The night of the finale, credits rolled, a Catfish rerun began, and I sat stock-still on my bunk, in the TV's flickering, trying to work out what I missed. I thought, That can't be it. But, somehow, it was.

Street demonstrations, benefit concerts, candlelight vigils, #FreeByronCase trending on social media, donations piling in to cover my lawyer's fees, mailbags bulging with viewers' expressions of solidarity, flurries of messages to the governor and tweets to @GovJayNixon — none of it happened. But, then, since Unlocking the Truth left out essential facts, and since Ryan Ferguson concluded that the evidence didn't establish guilt or innocence in my case, I was hardly surprised. Impassioned responses don't usually result from a shrug.

Then the election came and went, and I couldn't stop thinking about my pardon application, submitted to Governor Nixon in August of 2011 and still under consideration. Plenty of prisoners and parolees have filed and been denied in the five years since I filed that document and its fat appendix, setting out a pretty solid argument of innocence. The governor's legal advisor, after meeting with my people in 2012, seemed to believe that mine is a wrongful conviction, that I didn't murder Anastasia WitbolsFeugen. He must've told Governor Nixon the same, so why this delay?

Missouri has another highest officeholder now. Is Governor Nixon planning to leave my case untouched, a sticky wicket for his successor, Eric Greitens, to deal with? Or is he going to dignify my plea for freedom with an answer? With less than two months before the powerful Governor Nixon reverts to being plain ol' Jay, every day that passes adds weight to that question.

Since day one (that's 11 June 2001, as anyone paying attention already knows), I've maintained that I had nothing whatsoever to do with Anastasia WitbolsFeugen's death. It was true then, it's true today, and it'll still be true in another fifteen years, whether I'm locked in this box or living a life of rightful freedom. It'll be true no matter what stories Kelly Moffett tells, no matter how many distortions the Antibyron Clique posts online, no matter which of my personality quirks gets mistranslated, no matter who steps out of my undignified past to say what an asshole I was, no matter when (or if) the evidence of my innocence is finally shown to be incontrovertible.

Moreover, I'll keep saying it until the public, the Missouri courts, Governor Nixon, Governor Greitens, or whoever else has power enough to change my circumstances sees my innocence for the absolute truth that it is. That such a day comes is the one and only hope I'm willing to keep close to my heart, without regret, without embarrassment, without reservation, unflaggingly, for as long as it takes.

11 November, 2012

The Brains Challenge

Unusual as our being out in the middle of the afternoon may have been, several aspects of our togetherness on that particular day were quite typical for Brahm, Kelly, Carol, and me. Perhaps most obvious to an outsider would be that all four of us entered the diner wearing head-to-toe black, but this was irrelevant, save for in its scene-setting value to a lazy writer (who does not now need to provide you, his reader, the ages and various descriptive particulars of his friend, girlfriend, girlfriend’s friend, nor himself, since you will have taken this shorthand, perhaps rightly so, to mean that these were the sort of kids sometimes seen in public spaces, like ink spots on a nice shirt, where “normal” citizens give them a wide berth while simultaneously pretending to ignore them, as if averting their eyes might keep them from catching whatever sickness causes the kids to mutilate their deathly pale skin with all those silver piercings). The diner was just a diner, as diners all looked, thirty years after their last renovation. Of course, there’s no extraordinary relevance in telling you these things; what I think was extraordinary was how a sort of third-rate local tradition was born at our faux-woodgrain Formica table mere minutes after our dark foursome was seated.

It happened something like this. Inveterate cheapskate that he was, my friend Brahm perused the diner menu not from left to right, like most people in the Western world, but from right to left — price then description. Whether or not he did this every time we went out to eat, I can’t be sure, but he always had his eyes open for a bargain. He was still scanning for agreeably low figures on the menu when the waitress came to take our orders. After Kelly and Carol had placed theirs, he said, “I mean, I’m hungry, just not three-dollars-and-forty-cents-for-three-pieces-of-fried-chicken hungry, you know?”

Carol, installed beside him in our booth, rolled her eyes — often the only part of her that moved. She laughed with Kelly, my girlfriend, however, because Brahm’s pathological unwillingness to part with money frequently took strenuous efforts that never stopped being comical. Our waitress was less amused, almost certainly wishing we’d wandered instead into a Denny’s, or at least into a different server’s section. She nevertheless stood by, armored with the thick skin formed from decades of table-waiting in shabby establishments, her ballpoint pen hovering steadily above the pad, while the long-haired tightwad made up his mind.

In an effort to prod Brahm along, Kelly floated a couple of suggestions. “What about an omelet?” she tried. “That’s only two eighty-five.”

Brahm pursed his lips. “I’m not really in an omelet mood, though.”

“Pancakes, maybe?”

“Hmm,” he mused. “Yeah, except they probably use a premade batter mix, so their markup is huge. Besides, I’ve got Aunt Jemima at home.”

Brahm and I knew the patterns of this diner’s brown-and-orange tile work and drop-ceiling stains by heart, yet until that moment, somehow, one item on its menu had escaped our notice. Spotting it was a revelation. Wide-eyed, I looked up at my friend and said, “What about brains and scrambled eggs?”

The waitress leaned in, causing an intensifying of the odors of stale cigarette smoke and onion rings in my airspace. “That’s not really on there, is it?” she asked, as though I was the sort to just make up menu selections, as though I’d further delay, for the sake of a jokey hypothetical, the placement of my order. I pointed her to “Eggs and Such” on the laminated sheet. She said, “Well, I’ll be damned!”

Brahm responded, “I’ve never eaten brains before.” Grinning, he was visibly intrigued. “But if I won’t pay three forty for the fried chicken, which I’m sure I’ll like, then I’m certainly not gonna gamble three thirty on brains, which I’m pretty sure I won’t.”

Carol elbowed him. “Oh, come on, be adventurous! Look, they come with toast and hash browns.”

Turning down a novel meal ran as counter to Brahm’s values as did expending personal funds. Kelly made his choice easier by producing a few folded bills from her purse and asking, “Okay, so how about if I’m buying?”

“Buying me brains and eggs?”

“Yeah, sure. Except you have to eat the whole thing,” Kelly said. “Otherwise you’ve got to cover it yourself.” This reminded me of the time, in a different, far nicer restaurant, Kelly offered five dollars to the young women at a neighboring table to stop giggling so obnoxiously — a confrontation that evolved into a near-brawl between myself and the women’s angry boyfriends in the parking lot. Fortunately, Kelly’s pet cruelties could also be funny.

“What about a drink?” Brahm asked. Haggling now, she had him on the ropes.

“No drink.”

“Sides?”

“You’re already getting hash browns and toast.”

“Yeah, but what if brains turn out to be, like, completely unpalatable?”

Kelly reached over me for the condiments. The bottles and shakers in the wire caddy rattled to a stop directly in front of him. She fingered each container in turn: “Salt, pepper, mustard, ketchup, A-1, syrup — that ought to be enough to get you through.”

The order was placed. If the anticipation of seeing this mystery meal came close to killing us, the smell of it traveling across the diner came even closer. A light stink, like warm pond water, wafted over our table before the waitress was halfway from the kitchen. Then the plate of brains and scrambled eggs was set down, and Brahm said, flatly, “I was hoping somebody had ordered fish sticks or something.”

The waitress set our table’s other, better-smelling plates before us; though, it was the brains and eggs that held our collective attention. Chunky and gelatinous, with an oily sheen, they steamed like the remnants of a disintegrator-blasted alien in a cheap sci-fi film. The waitress, departing, said, “Enjoy.” She laughed. No food-service employee should ever laugh that way on the job — it does not instill comfort.

Poking and prodding the pale yellow-gray mess before him, Brahm sniffed, then hefted a forkful to his mouth. He made a spasmodic shrugging motion and put the back of his hand against his lips. He chewed with his eyes squeezed shut. “Oh man,” he finally managed to moan. “This is awful.”

We each sampled a tiny bite; we each gagged and spat into a paper napkin. It was agreed that Brahm faced a challenge.

Spectators turn out by the thousands to watch people eat competitively — hot dogs, watermelon, pie, anything — and in the coming years I would see the debut of TV shows like Fear Factor, on which contestants ingest bugs, blood, and bull penises for a chance at a cash prize. But we four teenagers were mostly oblivious to food’s potential as vicarious entertainment until Brahm gave us an epic dinner show. Gagging, gasping, blinking back tears, taking frequent breaks to drown the squishy mass of befouled eggs with sluices of steak sauce, picking out fragments of skull, then tucking back in with soldierly resolve, he put on such a performance that a bystander would have been forgiven for thinking there was far more at stake than three dollars and some change.

The fork clattered noisily as he dropped it on his plate, a kind of victory gesture, and belched. His face immediately twisted. “Ugh, it tastes even worse coming up.”

“I can’t believe you finished it,” said Carol, long since having forked up the last of her French fries and retouched her blood-red lipstick.

“It was like eating mushrooms and cartilage… marinated in fish sauce.”

Belying her usual poise, Carol’s hands flailed, as though to shoo away the sensory memory of her sample. “God,” she said, “that’s so gross.”

Brahm belched again. “Hey, you asked.”

“Braiiiiiins!” I groaned, zombielike, but no one else laughed at how it sounded just like Brahm’s burp. Perhaps mockery was in bad taste, considering how my friend was suffering.

With the matter of indigestion relief foremost on Brahm’s mind, and with a change of venue on everyone else’s, we paid our bill to the smirking waitress at the register and left.

The interesting thing about rituals is always their origins. All the best ones develop naturally, gradually, as the events that inspire them marinate in people’s minds, like so much cartilage and mushrooms in fish sauce, over a period of days, weeks, or months, until someone gets the bright idea to stage a re-enactment and recapture the spirit of the earlier events. In the case of the brains and scrambled eggs, the catalyst was a night visit to some friends’ house, regaling them with a vivid retelling of Brahm’s heroic overcoming, when naive young Robert took a long drag from his cigarette, scratched his four-day stubble, tipped back his fedora, and said, “I think I could do it; I think I could eat the brains.”

Within the half hour, Robert, his two housemates, and Brahm packed themselves into my car and we sped off, diner-bound. To cheers and claps, Robert retched his way through the plateful of gray matter — beef or pork, no one knew — and unfertilized chicken ova. A good time was had by all. Except, of course, by Robert. But even he attained a state of joy the next week, when he witnessed one of his housemates attempt and fail to complete the Brains Challenge (as it had come to be called), as well as the week after that, when Tara, Brahm’s ex-girlfriend, chewed her way through the disgusting dish like a veritable garbage disposal before chugging a full glass of ice water, cubes and all, offering as her only comment on the experience an understated “Ick.”

The Brains Challenge became an institution. Rules were established. Someone thought to print and frame certificates that read, This Is to Certify That _______________ Successfully Completed the Brains Challenge at Nichol’s Lunch, on _______________,1999, in the Esteemed Presence of the Previously Challenged Witnesses _______________ and _______________. Take Pity. Many of those challenged, myself included, failed to clean their plates, but none ever demanded a rematch. Pride is only worth so much.

An occasion arose, more than a year after Brahm was fooled into thinking he was getting a free lunch, on which it occurred to me that someone enjoyed the diner’s brains and scrambled eggs, or else why would they be on the menu? I happened to make this observation aloud in the presence of Mike, a mutual friend of Brahm’s and mine, while the three of us were whiling away another evening at the coffeehouse. To this, Mike responded, “Oh, brains and eggs aren’t bad. I’ve eaten them lots of times.”

We doubted. (Who wouldn’t, honestly, after eating that phlegmy mush?) However, we did wonder: might the diner’s brains and eggs be representative of all brains and eggs, instead of being the aberrance we believed them to be? We challenged Mike then and there. His acceptance of the Brains Challenge, to be taken on the following night, would prove to us that the brains in question were empirically worse than just about any other foodstuff, thereby validating our bravery and endurance.

The next evening, Mike and his girlfriend joined Brahm and I in a booth, squeaking across the vinyl bench cushion too casually, in my opinion, for the momentous adversity about to be met. The orders arrived. Mike’s girlfriend scarcely watched as he took up a fork and ate of the infamous entrĂ©e, chewing without effort, swallowing without histrionics, biting a corner off one triangle of toasted wheat bread, sipping his water, and obliterating our tough-guy pride with three little words: “Not too bad.”

23 August, 2011

On the Release of the West Memphis Three


"Are you sure?" I insisted. My neighbor Zach had just rushed to my cell door to relay what he'd seen on CNN. The West Memphis Three, jailed for eighteen years on dubious murder convictions, took an Alford plea and were being released. I abandoned the essay I was writing and hurriedly turned on my TV. Sure enough, there they were — Damien, Jessie, and Jason, dressed like human beings for the first time this century — giving a press conference.

"The one on the left looks a little like you," Zach said. I shushed him, not wanting to miss an instant. Though the networks would replay the clip for days, it never stopped appearing to me as surreal as a fever dream.

Zach had seen photos of me taken before prison. He knew about the media's fixation on my black clothes and eyeliner. He knew, also, that my friends and I used to talk about the West Memphis Three in the reverent tones typically used by the devout when speaking of martyrs. Onetime misfits in a small-minded trailer culture, the trio's persecution was as mythic as it was terrifying. If we teens who lived in an urban, allegedly enlightened environment (in the Midwest, I grant you) were yelled at and threatened on the street for dressing unusally, there was no doubt in our minds that black-clad youth in the American South had it many times worse. Of course we believed Damien, Jason, and Jessie were innocent. Arrest, trial, and conviction were simply legal extensions of the sort of bigotry my darkly dressed friends and I encountered all the time. It would have been difficult not to feel solidarity with those three strangers down in Arkansas, but I didn't hold much hope in their chances for release. Even as a naive teenager, my faith in the United States judicial system, and in people, was virtually nonexistent.

Then my two best friends died. Anastasia was murdered; Justin, her boyfriend, killed himself. Authorities suspected it was a murder-suicide. I knew the homicide investigation was going south when, in an interview, the lead investigator launched into the first of many inquiries into the couple's musical tastes, religious beliefs, and choice in clothing. One mutual friend suggested early on, "This case is going to turn into a witch hunt before it's closed."

And in a way, it did. I partly blame my wrongful murder conviction on the smear campaign that ensued. After my scorned ex took her lies to the authorities, years later, the jury was kept from hearing much of the sensational crap prosecutors wanted to introduce, but there was no shortage of effort on that front. Everything from my car's band-related bumper stickers to my offbeat sense of humor was dragged out, pre-trial. I even suggested during a recess that I detected disturbing echoes of the case of the West Memphis Three. My court-appointed attorney blinked at me from behind his thick glasses and asked, "Who?" He later obliged my worry after a great deal of cringe-worthy debate over the use at trial of the term goth, and I was at least granted a trial free of overt post-West Memphis Three, post-Columbine bias.

So there I sat, innocent yet imprisoned, watching footage of those I once pitied for unjustly living the slow death of the incarcerated. Cellphone snapshots of Damien and Jason's luxurious first night of freedom — Kobe burgers and a five-star hotel rooftop celebration — and of Jessie's family reunion swelled my heart as they stabbed it.

"Man," Zach said as we watched, "can you imagine?"

A happy photograph of Damien holding his wife, whom he married years ago, in prison, flashed across the screen. Before that day, they had scarcely before touched. I just stared. What an experience that all must be, scary and awesome and bigger than anything most people will probably ever know.

I finally mustered a reply: "Actually, I imagine it every single day."

11 June, 2011

A Travesty at Ten

My friend Anastasia was eighteen and ridiculously in love when the gun was brought up to her face and fired. She was weeks away into her first year at college, and dreaming of marrying her boyfriend, Justin. The shock of her ugly death was exceeded only by news, agonizing days later, that twenty-year-old Justin had shot himself in the head before investigators even learned Anastasia's name. There followed turmoil, and grief for both of them that words could never express.

But you know this story, don't you? Hell, you may have even read the book. So you know what came next: that in a sense my own life ended three and a half years later, when I was arrested, charged, tried, and found guilty of Stasia's murder — even though I had nothing to do with the crime. The epigraph on my metaphorical tombstone reads

BYRON CHRISTOPHER CASE
1978-2001
BECAUSE SOMEONE HAD TO PAY

Today I'm ten years gone.

Consider your own life a decade ago — where you were, what your days were like, how young you were. Consider the distance between then and now. Imagine next that it had all stopped then; imagine your past self exiled to a limbo where little changed and you experienced the passage of time only through the betrayals of your own body and the aging of those who graced your purgatory with their occasional (if transcendent) presence. Who might you have become in such a place? What thoughts there might've consumed you? At what point do you suspect you'd have collapsed under the weight of it all, a snap rending in two your bitter little heart? When, in other words, would you have broken?

Ten years gone. Three thousand six hundred and fifty-two days spent in the shadow of oppression, denied rudimentary comforts, and tortured by the threat that it will go on and on and on, to the end of me. Not one of these days has passed without my thinking, This has to end. Something must make it right. I am obsessed with the idea that truth and justice will eventually be done, never mind the universe full of evidence to the contrary.

With so much time passed since the awful events that set the stage for this miscarriage, I often have to force myself to remember the long, rusted chain of causality that brought me here. It would be easy to forget that my circumstances are entwined with that twin tragedy of half a lifetime ago — that I am sharing my friends' fate; that a lie is bound us beyond the grave, cruelly.

I vividly remember a dream I had around Day Two Thousand. I was in an empty old warehouse. Gaps between boarded windows let dust motes swim listlessly in streams of light from a setting sun, and I was calmly searching for an exit. Battered wood floors creaked under every footfall. Turning a corner, I happened on Justin and Stasia. They were standing in front of a towering window, peeking out at the world. They looked exactly as they had in life. By dream logic, I instinctively knew that they'd never actually died but come instead to that place to be together and young forever. I choked. Years upon years of sadness from their disappearance suddenly meant nothing, which was itself a kind of loss to mourn. I wanted to rush to hug them but was afraid. Would touching them destroy whatever allowed us to share that space, like trying to capture a soap bubble in dry hands?

"I've missed you," I told them, my face burning with emotions. "So much bad shit has happened since you left."

They looked at me strangely; though, not unkindly. They both spoke. "Who are you?"

"What?" The rejection was a sting. "It's me — Byron."

"You're not Byron," laughed Stasia. In the murk of our weird meeting place, her teeth shone.

Smirking in the way I'd almost forgotten he did, Justin adjusted his wire-frame glasses. "Yeah," he said, "Byron would never dress like that. Plus, I think he was taller."

"No, guys, it's really me. Don't you remember?"

They didn't. I tried desperately to convince them of who I was — that I needed them to come away with me, back to the outside world, to straighten everything out. Proof they were alive would save me from lingering death. Except they thought it was all a joke and laughed away my earnest pleas. The harder I pressed, the less they believed me. I awoke on my upper bunk in a dark cell and hugged my chest until morning, feeling as if my heart were a fractured vacuum tube about to implode.

Everyone has a limit on what they can bear. The trick is rebounding from collapse with a sense of purpose. I like to think I keep purpose foremost on my mind. Every day I wake up dreaming of the end. Every day I wonder how I might bring it about. Every day I focus on freedom. Every day I imagine a future in which every damned day doesn't begin and end locked inside a concrete box. I'm not even angry anymore at my ex, Kelly, the pathetic character whose lies put me here —Aesop taught us we can't begrudge the scorpion for stinging — I just want back what was stolen. I just want the bad dream to be over. I just want to live.

01 May, 2010

Publicity and the Current State of the Case



When I wrote in my to-do list that I wanted to appear on the radio, doing an interview about my case and the Skeptical Juror book wasn't what I had in mind. Nevertheless, when the invitation came to talk about these topics live on Sharon Lockhart's call-in program, on KKFI, my mother and I accepted. It was the first interview I'd considered granting since the 2002 fiasco that was the Pitch's "Cemetery Plot" story.

As it turned out, those forty minutes of my Saturday afternoon couldn't have been much better spent, nor friendlier to our cause. Ms. Lockhart was fascinated and appalled by the facts presented in the book (as is almost everyone who's read it), and asked all the questions an attentive reader would: Where is Kelly Moffett today? What is being done now to reverse Byron's conviction? Will the discoveries made by J. Bennett Allen in the book be used to get a new trial? Astute questions, all.

I hung up the phone at the end of the interview and took a deep breath. Talking about the case has never stopped being a draining experience. But this was totally worth it. I plugged the Free Byron Case site (and even this blog), and funds appeared soon thereafter, donated to help with legal expenses. The book also landed in the hands of a few more people, some at the station itself. Later I realized the experience even allowed me to cross an item off my list. To Sharon Lockhart I owe one huge debt of gratitude.

It's certain that interest in the case is spreading. The Skeptical Juror and the Trial of Byron Case has a lot to do with that. The Kansas City Star columnist Mary Sanchez requested a copy of the book, and other news sources have given signs of flirting with the idea of making stories of it, proving that local media is paying attention. More exciting, though, is that two prestigious law firms (one of them nationally renowned) have sought out their own copies for what should be self-evident reasons. All this is just at the time of this writing. Can I be blamed for my enthusiasm?

We're only four months into 2010, yet already there's conspicuous promise for me and my cause. As the months progress I'm confident that more and more goodness will come. Spirits are higher than ever for everyone involved with the fight for my freedom. At the risk of sounding like an overenthusiastic corporate executive, I think we're close to the tipping point — the critical moment when we see concrete results and gain wide public recognition. Right now, in other words, things are looking good. Really, really good.