TROY, MO (KTVI) - Lincoln County Prosecutor Leah Askey argued to the Judge that "despicable" was the nicest word she could say about the defense`s motion.
St. Louis Judge Steven Ohmer, who was appointed to take over the case, disagreed. He ordered a new trial that is set for November 2nd.
Russ Faria`s sister was shaking as she walked out of court and said, 'Surreal. It`s a lot to soak in. We`ve waited a long time for this chance.'
It was after a trial in November, 2013 when a Lincoln County Judge sentenced Faria to life in prison for the murder of his wife Betsy Faria. After today`s hearing, ordering a new trial, Betsy`s family walked out speechless. Her dad sighed and seemed to cry after hearing the Judge`s order.
Faria`s defense attorney, Joel Schwartz, focused today on another witness, Pam Hupp, who drove Betsy home the night of the murder. Schwartz points out that Hupp benefited from proceeds of a $150,000 life insurance policy, which was signed into Hupp`s name days before the murder.
Joel Schwartz said, "We`re very pleased with the court`s ruling today and we look forward to our day in court with all of the evidence being heard."
More than a dozen witnesses were called to testify today, but were not called to the stand. Mike Corbin was one. Corbin is one of four people who said they were with Faria during the time of the murder. He`s been outspoken about his Russ` innocence since Russ` 2013 conviction. After court today he said, 'For the past two years almost, we`ve been watching this whole thing play out. I can`t believe what`s happened, but I`m just so overjoyed by what`s happening today. Russ will be vindicated in this new trial and the whole world will be able to see he didn`t kill his wife.'
Immediately after Judge Ohmer ruled there will be a new trial, Lincoln County Prosecutor Leah Askey jumped up to say she`s ready to prosecute Faria again. The Judge issued a half a million dollar secured bond and moved Faria from prison, to the Lincoln County Jail.