Fox Files reveals more secret evidence in stabbing murder

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(KTVI)-- More secret evidence is coming to light after a jury convicted a man for stabbing his wife 55 times.  It's evidence the jury did not hear.  The evidence is now being revealed by the convicted man's attorney.  Defense Attorney Joel Schwartz filed an 11 page motion for a new trial, hoping to get the suppressed evidence before another another jury soon.

Schwartz said, "100%, in my mind, the wrong person is in jail."

A Lincoln County jury convicted Russell Faria for stabbing his wife Betsy Faria 55 times.  She died in her Troy, Missouri home two days after Christmas 2011.
Schwartz said, "In 25 years, I've never seen a prosecution like this."

Schwartz said prosecutors would never pin down a time of death. He added, "It's clear, in the State's case and the closing argument of the State, that everything still remains a guess and simply remains a guess because it's virtually impossible for him to have done this."

Russ Faria called 911 at about 9:40 the night of the murder.  He claimed he'd just returned home from his friends' house in Lake Saint Louis.   During the trial, prosecutors appeared to leaning towards accusing Russ of killing his wife right before he called 911.  Then closing arguments brought a twist.

Schwartz said, "It was a complete surprise to us because none of it was in evidence, none of it was ever disclosed and none of it was ever supported by any shred of evidence at all."

The State alleged that Russ killed his wife an hour or two earlieR, during the time four witnesses testified he was with them in Lake Saint Louis.  Russ' cell phone also pinged in the area of his alibi, during the time prosecutors say he killed his wife.  Schwartz cannot explain the jury's decision to convict but thinks it's partly because jurors were not allowed to hear other evidence, involving the last person reported to see Betsy Faria alive, Pam Hupp.

The jury was not allowed to hear that Hupp currently controls the deceased Faria's life insurance proceeds.

The jury was prohibited from hearing court testimony, that Hupp was still in the area of the murder, when she told police she was home. Hupp's cell phone reportedly pinged there at 7:27 the night of the murder.  Meanwhile Betsy failed to pick up important phone calls she was expecting from her daughter at 7:21, then again at 7:26.  Betsy failed to pick up again at 7:30.

Attorney Schwartz noted jurors did not hear about Hupp's "glaring changes and inconsistencies" in the court record, like when Hupp first "told police that she had not gone into the house, and then stated that she had gone into the house, specifically the living room and the bedroom" (rooms where police found murder evidence).

Also in the Court record "Ms. Hupp told the officers that when she left, ms Faria was curled up on the couch..." then reportedly amended here statement saying she, "last saw Ms. Faria waving from the front door."

Lincoln County Prosecutor Leah Askey was out of the office today, but told me by phone that there was a ton of evidence she could not use in Court and that she wouldn't have tried this case if she didn't believe Faria is guilty.  She also pointed out that the Missouri Attorney General joined her in prosecuting the case.

Pam Hupp did not return a message I left for her.  During the first day of trial, she said she might grant me an interview, but did not show up for the remaining days of trial.

Court Document

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  • shr3ds

    Russ didn’t do this and now people are starting to see that.

    From everything that I’ve read and heard about this trial since it’s conclusion, it sure looks like Betsy was murdered between 7-7:30pm that night. Russ was 30 miles away at that time. There was someone else there during that time period though…and she sure doesn’t look like Russ.

  • L

    Once again the prosecutor / investigators decide how they WANT the case to end and make the evidence fit that scenario. It is NOT about the evidence solving the crime. My family knows all too much how that works. It is just a game to the prosecutor and investigators. Good luck to Russ.

  • Let the Truth be Known

    Russ has been railroaded from the very beginning. The night of the murder Lincoln County officials had their minds already made-up “It was the spouse who did it” they didn’t do their jobs. The jobs they were elected to do and the jobs they are paid to do.

    I’m so glad the truth is finally coming out. Russ needs to be freed from this. He needs to be able to mourn the death of his wife; he loved her so very-very much.

    I agree with you L. The prosecutors and investigators do decide how they want the case to end so they just make-up stories. Your right – it’s a game to them.

    The government officials are suppose to be for the people, right, it’s for the vote – not the people. However, when the full truth comes out let’s see how the votes go then.

  • Danny

    I posted when the story frist came out before they even arrested him that he was not the one, you could tell from all the eveidence and the way things were going but Hupp sure seems to be supsicous to me. She lied, lied, lied and lied again and yet she was never charged and her statements are supposed to be believable? Come on common sense here, four people did not like for Russ, Hupp lied and I believe she did or had it done, I said that in the beginning and I am saying again.

  • Uncle Remus

    I know at least one juror that would have liked to have heard this evidence. Would it have changed the verdict? Don’t know, but I always thought it was supposed to be “The Truth, the Whole Truth, and Nothing but the Truth”. It is impossible to come to a fair decision only hearing what the lawyers deem acceptable. This only confirms what I have thought for years. We do not have a Justice System, we have a Legal System.

  • Free Russ Faria

    Russ should be free!! He does not belong in jail for a crime he did not commit. Our judicial system has failed him and has put an innocent man in jail. I believe the police and Lincoln County targeted him from the beginning. As a result, they never investigated Pam Hupp!!

  • Truth

    @ Uncle Remus, maybe if the juror would call Mr. Schwartz he can direct the juror’s path and get the juror an audience with the judge. And we all know Mr. Schwartz’s is a fair a trying to get an innocent man out of jail/prison.

  • Don't believe what you read

    If evidence was withheld and or proper disclosure of evidence was not made to the defense this case should be a slam dunk on appeal. BUT @Uncle Remus – if it is yourself you are speaking of – or its that you know of a juror who is unhappy with knowing that the WHOLE truth was not told at trial – it is your duty as a citizen to make sure that person (or yourself) contact Russ’s attorney.
    I do not personally know any of the parties involved in this case – but someone needs to speak up or this man will lose the rest of his life, just like his wife lost hers. And someone will be walking free and possibly be able to commit the same heinous crime again.

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