A grand jury indicted Hupp last December for the murder of Louis Gumpenberger. The St. Charles County Prosecuting Attorney’s Office claimed Hupp killed Gumpenberger in a plot to take the heat off her in another murder – the 2011 stabbing death of Hupp’s friend, Betsy Faria.
Nick Williams, Hupp’s defense lawyer, filed a motion saying his client should get a jury from another county to come into St. Charles for her October trial. He claimed it would be difficult to find an impartial jury due to media coverage. Judge Jon Cunningham agreed.
“The court recognized Ms. Hupp’s right to a fair and impartial jury and as a result we respect the court’s decision here today,” Williams said.
No one in Hupp’s family appeared in court Friday.
St. Charles County Prosecuting Attorney Tim Lohmar made a surprising move just before the judge’s decision. He agreed Hupp deserved jurors from another county. That was counter to his earlier motion opposing a change of venue.
“When you have these motions, your competitive juices start to flow,” Lohmar said. “All right, here’s my position: how am I going to defend my position? So that’s why we filed the motion to oppose it, but as we sat back and as I looked back at it, I said, ‘You know what, at the end of the day, my role is to make sure she has a fair trial.’”
Lohmar has said he’ll ask for the death penalty if Hupp is convicted.