Secret court evidence revealed in Faria murder case

FOX Files
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TROY, MO (KTVI)– You`re about to hear evidence kept from a jury in a high profile murder case.  Jurors convicted Russell Faria in the stabbing death of his wife, Betsy.

Arguably, some of the most intriguing facts in this Troy, Missouri case, were suppressed by the Judge.  This is evidence that came out in open court, during the murder trial of Russell Faria, but after the Judge ordered jurors to take recess. The evidence involves victim Betsy Faria`s friend, who may have been the last person to see Betsy alive.

We`re talking about Pam Hupp who testified that she drove Betsy home at around seven the night of the murder.  She admitted staying about 20 minutes.

According to testimony, Betsy failed to pick up important phone calls that she was expecting from her daughter at 7:21, 7:26 and 7:30.

Court records indicate Hupp`s cell phone was in the area during those times, but the jury did not hear that Hupp told police she was home at 7:27 p.m.  On a map, produced by a defense forensic expert, you can see a ping from Hupp`s cell phone at 7:27.  It’s near the Faria home and far away from her O’Fallon home. Incourt, we also heard Hupp first told police, and Betsy`s mother, that she did not go into Betsy`s home when she dropped her off. However, she changed her story on the stand, admitting she did enter and stayed for awhile.

According to court testimony – days before the murder – Betsy`s life insurance was changed into Pam Hupp`s name.  According to testimony, Hupp currently controls those proceeds.

Russ Faria`s defense attorney, Joel Schwartz uncovered this and presented it duringtrial.  The Judge ordered the jury to leave during the testimony.  Schwartz commented, “if I was a juror, I’d be extremely offended.”  He continued, “We were able to show where this particular person was, who stated she had already gotten homeand the Judge would not allow us to get into that.” Chris Hayes asked,”And you think the jury had every right.” Schwartz answered, “Absolutely the jury had every right.  That person testified.”

Lincoln County Prosecutor Leah Askey believes the secret evidence is not relevant.  Hayes asked Askey, “Are the jurors going to be surprised and upset when they find out they didn’t hear certain things?” Askey answered, “No, I don’t believe so. Part of our process, part of our constitution gives us different rightsand there’s protocol that goes into every case that’s tried and so things that are prejudicial to either one side or the other, you know the Judge has to weigh those things.”

Defense attorney Schwartz is already working on an appeal. We`ll keep following the evidence.  Tweet your thoughts through #FariaTrial #FoxFiles and/or @ChrisHayesTV

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The Fox Files are groundbreaking investigations you won’t see anywhere else. The series is well known for breaking the Pam Hupp story nationally. The reports that led to the exoneration of Russ Faria. But, it is far from the only time in which our investigations led to overturned convictions and freedom for the wrongfully accused. The Fox Files investigations do not fit into just one category, other than the fact our reports shine a light on issues and corruption in ways you won’t see anywhere else.

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