Byron Case Transcripts 17 Jamie Lynn Smith

Testimony and cross examination of Jamie Lynn Smith State of Missouri v. Byron Case April 30, 2002 Pages 833-853 Direct examination by Mr. Lance Cross examination by Ms. Crayon Redirect examination by Mr. Lance Recross examination by Ms. Crayon Page 833

(Jamie Lynn Smith testimony)

(Counsel approached the bench and the following proceedings were had:) MS. CRAYON: Did you hear me, Judge? I'm sorry. I can't give you a time frame, but I believe this young woman has been in the courtroom through some of the testimony. And the reason I think I remember her is because of the nose ring. I specifically remember seeing her. I can't tell you which. MR. FRY: Can we do an inquiry outside of the hearing of the jury? MR. LANCE: Yeah. MS. CRAYON: I mean, if she hasn't heard much. I don't know if she has been here for awhile. THE COURT: See, there have been a variety of people in and out, so I can't say whether she has or hadn't. Page 834

(Jamie Lynn Smith testimony)

MS. CRAYON: I tell you what, I probably wouldn't have been able to specifically remember her except for the nose ring. THE COURT: What do you expect her to say? MR. LANCE: 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 -THE COURT:

How does she know that? MR. LANCE: I believe she was the one that answered the phone. Maybe we should make that inquiry also outside the presence of the jury. MS. CRAYON: Ultimately we may not object to her. I don't know. Page 835

(Jamie Lynn Smith testimony)

THE COURT: 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. MS. CRAYON: Absolutely. MR. LANCE: 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. THE COURT: Okay. MS. CRAYON: 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. THE COURT: Why don't you do this. Who is the next witness after her? Page 836

(Jamie Lynn Smith testimony)

MR. LANCE: Byron's mother. THE COURT: That's not a problem? MS. CRAYON:

No. THE COURT: 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. MS. CRAYON: That Is fine. THE COURT: You may proceed. (The proceedings returned to open Court.) JAMIE LYNN SMITH, having been duly sworn by the Court, testified: DIRECT EXAMINATION BY MR. LANCE: Q. Apologize for the delay. For the record state your name? A. My name is Jamie Lynn Smith. Q. Where do you currently reside? A. St. Louis, Missouri. Q. Ms. Smith, do you know the defendant Mr. Byron Case? Page 837

(Jamie Lynn Smith testimony)

A. Yes, I do. Q. When did you first meet did the defendant Mr. Case? A. Late May, early June of 2000.

Q. At that time where were you working? A. I was employed at Muddy's Coffee House, 51st Street location. Q. Is that generally in the Westport area? A. No. It's over by UMKC, by the university. Q. How did you have occasion to run into Mr. Byron Case? A. Byron was a regular customer at the coffee shop. And I was early for a shift one day, and he had just got off of work and sat down and started talking to him at the table. Q. Eventually did your relationship develop into friendship? A. Uh-huh. Very quickly. Q. I need a clear yes or no. A. Yes. Q. Did you ever date Mr. Case? A. No. Q. You became friends? A. Yes.

Q. Did your friendship continue to the point that you had decided to move to St. Louis? Page 838

(Jamie Lynn Smith testimony)

A. Yes. Q. Basically, rent an apartment together? A. Uh-huh. Q. Yes or no. A. Yes. As roommates, yes. Q. 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? A. 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. Q. August of what year? A. I left pretty much on the 1st of August and secured employment by the 15th and Byron arrived in St. Louis on September 13th. Q. All right. And what calendar year are we discussing? A. 2000. Q.

The same year you first met him? A. Yes. Q. So your friendship developed quickly? A. Yes. Q. So you went to St. Louis first and already had the place rented? Page 839

(Jamie Lynn Smith testimony)

A. Yes. Q. And I believe you said you can recall the exact date when Byron Case arrived in St. Louis? A. Yes. He arrived September 13th. It was a Wednesday, and he came after 6 o'clock at night. Q. Is there anything significant -- or how can you remember the exact date of September 13th? A. 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. Q. Do you have any doubt in your mind the day he arrived was September 13th? A. No, no. Q.

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? Page 840

(Jamie Lynn Smith testimony)

A. Yes. Q. And would this have also been in the year 2000? A. Yes. Q. Prior to knowing Byron, did you know Kelly Moffett? A. No. Q. In your entire life, how many times have you met Kelly Moffett in person? A. One time in person. Q. Was that in St. Louis or Kansas City? A. No, that was in Kansas City. Q. What type of time frame did you meet Kelly Moffett in relation to your moving to St. Louis? A. 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 -Q. Who called? A.

Kelly called. Q. Did she arrive later? A. Yeah. Q. Can you estimate how -- I'm not asking a very good question I know, but do you know the date, approximate date this was in relation to September 13th when Byron moved to St. Louis? Page 841

(Jamie Lynn Smith testimony)

A. It had to have been very early August. Q. All right. What happened when Kelly arrived at the apartment? A. 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 -Q. That was just hearsay you would have heard from Byron? A. Right. Q. So this was the first meeting? A. 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. Q. And what was Mr. Byron Case's attitude about this visit? A.

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. Page 842

(Jamie Lynn Smith testimony)

And she was complaining a lot about the situation -MS. CRAYON: Your Honor, I object to her talking about what Kelly said. She wasn't even on the phone. THE COURT: Objection is hearsay? MS. CRAYON: Hearsay, yes. THE COURT: Do you want to approach? MR. LANCE: That's fine. THE COURT: Objection sustained. BY MR. LANCE: Q. 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? A. She seemed distraught. Q. All right. Anything in particular that made you believe that? A. 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. Q. Did Byron Case give to Kelly Moffett his new address and phone number where he was going to be in St. Louis?

Page 843

(Jamie Lynn Smith testimony)

A. 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. Q. All right. Later when you and Byron were living in St. Louis, did the same understanding continue? A. Yes. Q. That Kelly Moffett was not to have his address? A. Yes. Q. And do you know whether or not Kelly Moffett attempted to contact Byron in St. Louis? A. Yes. Kelly did call and I did speak to Kelly on a couple of occasions on the telephone. Q. What was Kelly Moffett's request? A. To speak to Byron. Q. And was it made clear that Byron did not want to have contact with her? A. 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. Q. After you made that clear to Kelly, did she continue to call? Page 844

(Jamie Lynn Smith testimony)

A. 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 -Q. As far as you know, did Byron ever speak to Kelly over the phone while Byron lived in St. Louis? A. (There was no response.) Q. As far as you know? A. I couldn't say. Q. At some point did Byron move out to live elsewhere in St. Louis? A. Yes. Q. Do you know the approximate date that happened? A. December, early December. Q. Calendar year 2000? A. Of the calendar year 2000, yes. Q. But Byron was still living somewhere in St. Louis? A. Yes. Q. Even after Byron moved out, was Kelly Moffett calling your place trying to find Byron?

A. No. MR. LANCE: No further questions. THE COURT: Cross examination. MS. CRAYON: If I can have just a moment, Judge. Page 845

(Jamie Lynn Smith testimony)

THE COURT: Sure. CROSS EXAMINATION BY MS. CRAYON: Q. Ms. Smith, you and I haven't met before, have we? A. No. Q. But we spoke on the phone very briefly a few days ago. I'm going to try not to jump around too much, but you said that you have met Kelly one time and that was in the summer of 2000? A. Yes. Q. And you estimated that to be very early August? A. Yes. Q. But you left August first to go to St. Louis? A.

I was coming back on the weekends. I still had all of my belongings here, and I was trying to secure an apartment there too. Q. So you think it was early August that you first met her that she came over? A. Yes. Q. When you and I had the conversation on the telephone, you kind of told me that you had only met her one time, and you described for me the dynamic between Byron and Kelly. Can you repeat that? Page 846

(Jamie Lynn Smith testimony)

A. Could you elaborate on the question? Q. 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? A. 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 -Q. So when he hung up the phone, he told you that Kelly wanted to come take a shower? A. I was also in the room during the phone conversation. Q. I understand, but you weren't talking to her, right? A. Yes. Page 847 Q.

(Jamie Lynn Smith testimony)

So what happened on the telephone is what the defendant told you; is that fair? A. (There was no response.) Q. Did you hear Kelly Moffett talking on the telephone? A. 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. Q. So your impression along with what the defendant told you was Kelly wanted to come over and take a shower? A. And other things, but, yes. Q. Okay. And when she came over, she didn't want to take a shower, she wanted to talk to Byron; fair? A. Fair. Q. And didn't you tell me on the phone that it seemed to you like Kelly wanted to make Byron responsible for her problems? A. Yes. Q. 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? Page 848

(Jamie Lynn Smith testimony)

A. Yeah. Q. Okay. Is that fair?

A. Yeah. Q. 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? A. Yes. Q. And you were present hearing all of this? A. Yes. Q. 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? A. Yeah. Q. Now, you visited Mr. Case in the Jackson County -- here in Jackson County; haven't you? A. Yes, one time. Q. And you told me -A. I'm Sorry. It was for one weekend so. Q. So one time you talked to him? A. It was for three visits, but it was one weekend. Q.

But you talked to him since before coming to trial today? A. Yes. Q. And you've also talked to his mom? A. Yes. Page 849

(Jamie Lynn Smith testimony)

Q. And you've looked through all the police reports, and things like that; is that fair to say? A. Yes. Q. And your mom is actually -- his mother is actually the one who put you in contact with his lawyer; is that right -A. (There was no response.) Q. -- and asked you to come forward and talk to Mr. Lance? A. Yes. Q. And that was based on what you told her about the conversations you had had with Kelly; is that right? A. Yes. Q. You said that that visit that Kelly made to the apartment lasted quite awhile; isn't that right? A.

Yes. Q. And I think you estimate you gave me was like one or two hours; Kelly just wouldn't leave? A. Yes. Q. And the way that you told me that she was just rambling on? A. Her friend was there also and there were four people in the room. Page 850

(Jamie Lynn Smith testimony)

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. Q. So you got the feeling that maybe, if you guys weren't there, there might have been more things said? A. She would have been talking more, yes. Q. And when Mr. Case and you stopped living together in December of 2000, that was a result of you asking him to move out, right? A. It was actually a mutual agreement. He had met a girl named Bianca and was moving in with her. Q. And you told me on the telephone that you had asked him to move out because he wasn't contributing financially in the apartment? A. I think I told you it was more of a mutual agreement, but that is one of the reasons, yes. MS. CRAYON: I don't have anything further. THE COURT:

Mr. Lance. REDIRECT EXAMNATION BY MR. LANCE: Q. Ms. Smith, in response to the prosecutor's question there, you agree that the one time you met Kelly Moffett appeared Kelly was laying a quote, unquote, guilt trip on Byron Case; is that what you said? Page 851

(Jamie Lynn Smith testimony)

A. Uh-huh. Q. Yes or no. A. Yes. Q. And do you believe Byron Case responded appropriately at that time or how did he respond? A. 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. Q. That he was no longer going to try and take care of her? A. 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. Q. And you estimated this visit with Kelly Moffett lasted an hour or two? A. Yes. Q. And was it your general impression she just would not leave? A.

Yes. Q. Did -Page 852

(Jamie Lynn Smith testimony)

A. 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. Q. 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? A. Yes. MR. LANCE: No further. THE COURT: Anything else? RECROSS EXAMINATION BY MS. CRAYON: Q. Just, Ms. Smith, you have really no idea, other than what the defendant may have told you, what she was asking him to be responsible for, do you? Let me ask it this way: You don't know what Kelly Moffett was asking the defendant to feel responsible for, do you? A. No. MS.CRAYON: Thank you. THE COURT: Anything else from this witness?

Page 853

(Jamie Lynn Smith testimony)

MR. LANCE: No, that covers it. THE COURT: Thank you, Ms. Smith. Appreciate your testimony. (The witness was excused.)