Why police knew they couldn’t rely on key witness in Faria Murder case

FOX Files

Pam Hupp.

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(KTVI) - Pam Hupp says she can`t help it that her stories change.  She's told several versions about where she was when Betsy Faria was murdered or what Betsy wanted done with her large life insurance proceeds.

Betsy Faria's daughters are suing Hupp to recover $150,000 in life insurance benefits.  Their mom's policy was signed over to Pam Hupp four days before Betsy was murdered.  Hupp first told police; Betsy wanted her daughters to get the money.

In a recent civil court hearing, Hupp said her memory is so bad, she's not even aware of it.  She said she has to hear about her changing stories from others.  Hupp said it's part of her disability.

Now Hupp is in civil court, where an attorney asked if she lied to Lincoln County Prosecutor Leah Askey.

She answered, 'No, not that I can recall.'

Attorney Christopher Roberts followed up as he asked, 'Everything you said to her was truthful and forthright.'

'As far as I can remember,' Hupp answered with a shrug.  She says she's not sure, because of a disability that impacts her memory.

Seven months earlier, in June 2015, Hupp complained about it during a videotaped interview with the Lincoln County Prosecutor.  Hupp said, 'Everybody just keeps saying my disability is my back, it's not. Well it is.'

She said she was taking heat from people about footage captured by FOX2, showing her running away from our camera.  That contrasted with what investigators said about Hupp the day after Betsy Faria's murder.  The December 28th, 2011 report noted Hupp "uses a cane to assist her walking."

Hupp continued to explain, during the June 2015 interview with Askey, that she has bigger problems than her back.  She continued, 'I have a plate in my neck and all kinds of crap, but my head injury is the biggest thing.  So when I say off the wall stuff, it's not because I'm lying, it's because for some reason that popped in my head... like with Betsy.  Where was she (when I left her)?  I said she was on the couch blah, blah, blah with her blanket and pillow blah, blah, blah then the next time I said she's waving at me because in my head that's mostly how I remember her.'

On the evening of December 27th 2011, Betsy Faria was found on the floor by the couch.  She'd been stabbed 55 times.

Police never considered Hupp a suspect.  Police reports often mention Hupp's health.  Officers canceled her polygraph noting, 'Upon further investigation it was revealed Hupp has suffered a head injury' and is 'prone to seizures.'

Hupp also told Askey during that June 2015 interview, 'Now the story is, I went to my doctor and said I need a letter that says I can't take a polygraph which is not true. I didn't even ask him for it.'

A handwritten note suggests she did ask.  It's signed by Pam Hupp and reads, ''Could you please write Detective Kaiser a letter stating that I was not able to do my polygraph due to medical reasons."

Her doctor then wrote 'Pamela Hupp is unable to undergo a polygraph due to her medical condition. This was discussed with Pamela."

Russ Faria's criminal defense attorney Joel Schwartz obtained both records.  He told me, 'I would think the detective would be somewhat suspicious based on this based on everything else, but there was no follow-up whatsoever.  They just asked her to hurry up and complete the trust so it would look good at trial.'

Schwartz also deposed Hupp's doctor who said, 'I'm not familiar with polygraphs.  So I would say there's not any condition that would prevent her from doing it.'

Schwartz responded during the deposition, 'Okay, but she asked you to write that letter?'

'Yes,' the doctor answered.

Three years later, Hupp says Betsy intended for her to spend the life insurance proceeds.  She told Betsy's daughters' attorneys in 2014 that she remembered it clearly.

Betsy`s civil attorney David Butsch asked Hupp, 'Do you have any memory problems Ms. Hupp?'

'No,' she said.

In court last month, attorneys showed Hupp what she said under oath in 2014.  Then they asked her, 'So did you forget you had memory problems?'

Hupp said, 'No, I didn't feel like I had memory problems when he was asking it.'

Attorney, 'But you do now?'

Hupp: 'Do I what?'

Attorney, 'Do you think you have memory problems now?'

Hupp: 'Well... (long pause) I don`t know.  We just started.'

Hupp says doctors tell her she has traumatic brain injury and concussion syndrome.  Lawyers deposed her husband, asking about her disability and he said his wife has 'back problems.'

Follow Fox 2`s Chris Hayes on Twitter @ChrisHayesTV

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