IT'S OUR MOST TWISTED MYSTERY
EVER, UNFOLDING FOR YEARS ON "DATELINE" BEFORE BECOMING A
PODCAST AND A SERIES STARRING RENEE ZELLWEGER IN "THE THING
ABOUT PAM. >> WAIT, WHAT?
WHOA, WHOA, WHOA WHOA, WHOA, WHOA
>> TONIGHT, A JAW-DROPPING NEW DEVELOPMENT.
AND A KEY FIGURE IN THE CASE FINALLY SITS DOWN WITH US.
>> Reporter: THERE ARE SOME PEOPLE WHO SAY THAT YOU HAVE
BLOOD ON YOUR HANDS. >> YEAH, I KNOW THERE ARE PEOPLE
THAT SAY THAT. >> HE WAS POUNDING ON THE DOOR,
AND ONCE IT FLEW OPEN, THAT'S WHEN I SHOT HIM.
AND I JUST KEPT ON SHOOTING HIM. >> THREE PEOPLE DIED
SUSPICIOUSLY, AND SHE'S BEEN THE LAST PERSON WITH THEM.
>> HOW IS THIS WOMAN NOT A SUSPECT?
>> I WOULD'VE NEVER THOUGHT THAT PAM WOULD'VE KEPT GOIN' AFTER
OTHER PEOPLE >> LADY IN A BLACK SUV PICKING
PEOPLE UP, CLAIMING TO BE WITH "DATELINE.
JUST MY GUT TOLD ME SOMETHING'S NOT RIGHT WITH THIS LADY
>> YOU CAN'T BELIEVE ANYTHING THAT COMES OUT OF HER MOUTH.
>> THE FACT THAT NOBODY LOOKED AT PAM HUPP, BOUGHT INTO
EVERYTHING SHE SAID, HOOK, LINE, AND SINKER, IS WHY WE'RE STILL
HERE TODAY TALKING ABOUT THIS. >> YOU CAN'T JUST PROSECUTE
SOMEONE JUST BECAUSE YOU DON'T LIKE THEM OR BECAUSE THEY DO ODD
THINGS >> ALL THIS AS THIS DECADE-LONG
CASE GETS TURNED UPSIDE DOWN >> I WAS BEGINNING TO THINK IT
WOULD NEVER HAPPEN >> HERE'S KEITH MORRISON WITH
"THE REAL THING ABOUT PAM. >> Reporter: WHAT IS THE THING
ABOUT PAM? >> WAIT, WHOA WHOA WHOA WHOA
WHOA WHOA WHOA WHOA. >> Reporter: PAMELA HUPP, THAT
IS >> SAY HI TO CATHY
>> Reporter: DID ANYONE REALLY KNOW HER, HER FRIENDS, HER
ENEMIES? >> TRYING TO PIN PAM DOWN IS
LIKE TRYING TO CATCH A FISH WITH YOUR HANDS
>> YOU CAN'T BELIEVE ANYTHING THAT COMES OUT OF HER MOUTH.
>> I SAID, "WHO WAS THIS PERSON THAT I KNEW?
>> I CALL HER EVIL INCARNATE SHE'S A MONSTER WHO DOESN'T EVEN
DESERVE TO WALK THE PRISON YARD. >> Reporter: BUT AS MUCH AS THIS
STORY IS ABOUT PAM HUPP, NEW REVELATIONS ABOUT HER AND
ACCUSATIONS AND FORMAL CHARGES, IT IS ALSO ABOUT THIS WOMAN.
>> I'M NOT A PERSON THAT'S GONNA SIT IN JUDGMENT OF ANYBODY ELSE.
>> Reporter: HER NAME IS LEAH ASKEY
>> BUT I WILL PUT MY MORALS AND MY ETHICS UP AGAINST ANYONE.
>> Reporter: THE WOMAN WHOSE PROSECUTION OF THE WRONG PERSON
BROUGHT THE WHOLE BIZARRE STORY TO OUR ATTENTION IN THE FIRST
PLACE. WE'VE BEEN WANTING TO TALK TO
HER FOR YEARS. AND NOW, FINALLY, WE HAVE.
>> THEY ACT LIKE I HAVE HORNS AND I JUST CAME OUT AFTER THIS
GUY, AND THAT'S NOT WHAT OCCURRED AT ALL.
>> Reporter: IN TONIGHT'S EPISODE, LEAH ASKEY WILL TELL US
HER SIDE OF THE STORY. AND WHY SHE SAYS SHE WAS RIGHT
ALL ALONG. >> I DID MY JOB.
AND I DID IT WELL. AND HAD I NOT DONE IT WELL, WE
WOULDN'T BE HAVING THIS CONVERSATION
>> Reporter: BUT AT THE HEART OF IT, WHAT WAS THAT THING ABOUT
PAM? >> IT'S PAM.
ANYTHING CAN HAPPEN. >> I HAD A SACK OF CASH.
AM I NOT CLEAR SHE LOVED ME
I LOVED HER. WE HAD A SPECIAL RELATIONSHIP.
>> I HAD NO IDEA THINGS WOULD GET THIS CRAZY
>> Reporter: NO, NOT EVEN ON THAT FIRST TERRIBLE NIGHT,
DECEMBER 27th, 2011, 9:40 P.M. IN A QUIET, LITTLE TOWN NEAR
ST. LOUIS CALLED TROY, MISSOURI, IN A QUIET, LITTLE HOUSE, A MAN
WALKED IN, TOOK ONE LOOK, AND CALLED 911
>> 911, WHAT IS THE LOCATION OF YOUR EMERGENCY
[ HEAVY BREATHING [ CRYING ]
>> OKAY, I NEED YOU TO TAKE A COUPLE DEEP BREATHS SO I CAN SEE
WHAT'S GOING ON. >> I JUST GOT HOME FROM A
FRIEND'S HOUSE AND -- AND MY WIFE -- MY WIFE KILLED HERSELF
>> Reporter: THE MAN, SO APPARENTLY DISTRAUGHT, SO BESIDE
HIMSELF, IS RUSS FARIA, TELLING THE DISPATCHER HE'D ARRIVED HOME
TO FIND HIS WIFE, BETSY, LYING ON THE LIVING ROOM FLOOR, A
KNIFE STILL EMBEDDED FIRMLY IN HER NECK
>> OH, MY GOD. NO
>> RUSSELL, SHE -- DO YOU THINK THAT SHE'S BEYOND HELP RIGHT
NOW? >> YEAH, I THINK SHE'S DEAD.
>> OKAY. >> OH, MY GOD.
SHE'S GONE >> Reporter: OFFICERS ARRIVED,
LOOKED AROUND, AND TOOK RUSS TO THE SHERIFF'S OFFICE
>> NO, NO, NO, NO. [ SCREAMING
>> TAKE A DEEP BREATH FOR ME, RUSS
>> Reporter: AND ASKED HIM -- WHY DID HE SAY IT WAS SUICIDE?
>> DID SHE WANT TO HURT HERSELF? >> I DON'T KNOW IF SHE JUST
WANTED TO SCARE ME OR WHAT, BUT SHE SAID SHE WAS GOING TO KILL
HERSELF. >> Reporter: BETSY HAD TRIED IT
TWICE BEFORE, ONCE WITH A KNIFE, RUSS TOLD THEM
AND SHE WAS ON AN ANTIDEPRESSANT
AND SHE HAD STAGE 4 CANCER IT HAD STARTED IN HER BREAST
>> BUT IT'S ON HER LIVER NOW SHE HAD HER WHOLE BOOB -- ONE OF
THEM REMOVED AND THEN WENT THROUGH CHEMO AND
RADIATION, AND THEN WE GOT -- SHE GOT SCANNED LAST FEBRUARY,
AND THERE WAS NO CANCER. >> OKAY.
>> AND THEN IN OCTOBER, THERE WAS CANCER
>> OKAY. >> AND -- AND THE DOCTOR TOLD US
THAT WE HAD THREE TO FIVE YEARS. >> Reporter: SO IT WOULD NOT
HAVE SURPRISED RUSS IF SHE HAD CHOSEN TO END HER LIFE EVEN
THOUGH SHE HAD SEEMED UPBEAT OVER CHRISTMAS, HER USUAL SELF,
HAPPY AND LIVELY THOUGH MAYBE IT WAS A FRONT TO
HIDE HER DEPRESSION, SOMETHING SHE WAS GOOD AT.
>> AND IF THIS COMES BACK THAT IT'S NOT A SUICIDE, YOU DON'T
HAVE ANY IDEA WHO MAY HAVE HARMED BETSY
>> NO, EVERYBODY LOVED BETSY SHE WAS A POSITIVE SOUL.
SHE ALWAYS BROUGHT SMILES TO PEOPLE
AND SHE MADE ME SMILE ALL THE TIME
SHE MADE ME SO PROUD >> IT'S NOT TYPICAL FOR SOMEONE
THAT'S GOING TO COMMIT SUICIDE TO DO IT BY THE WAY THAT SHE
DONE IT. AND THAT'S -- THAT'S WHAT
CONCERNS US. >> Reporter: WELL, IN FACT, IT
WAS NOT EVEN POSSIBLE. BETSY HAD BEEN STABBED MANY
TIMES IN PLACES SHE COULDN'T HAVE REACHED
SOME POSTMORTEM. SO SUSPICION HAD SET IN BEFORE
THEY ASKED RUSS -- WHAT DID HE AND BETSY DO, DAY OF THE MURDER?
HERE'S WHAT HE SAID. THAT AFTERNOON BETSY WENT TO
CHEMO TREATMENT AND LATER TO HER MOM'S PLACE.
HE WORKED ALL AFTERNOON AT HIS HOME OFFICE.
AND AFTER? >> SO I GOT CIGARETTES AND DOG
FOOD, AND THEN I WENT OVER TO MY FRIEND MIKE'S HOUSE.
>> Reporter: MIKE'S HOUSE, WHERE HE WENT FOR HIS REGULAR TUESDAY
GAME NIGHT WITH FRIENDS. HE SAID HE CALLED BETSY ON THE
WAY. >> I ASKED HER IF SHE NEEDED A
RIDE ON MY WAY HOME, AND SHE SAID NO, THAT HER FRIEND WAS
GOING TO BRING HER HOME. AND I SAID, "OKAY, WELL, I'LL
SEE YOU AT HOME LATER. AND I LOVE YOU."
>> Reporter: THEN, AT 9:00, SAID RUSS, HE LEFT MIKE'S PLACE,
STOPPED AT ARBY'S, DROVE THE HALF HOUR HOME, OPENED THE DOOR
JUST BEFORE 9:40 AND THERE SHE WAS.
AND NOW HERE HE WAS, TEETERING BETWEEN ANSWERING QUESTIONS AND
WEEPING UNCONTROLLABLY >> Reporter: IT WAS THAT
INTENSITY THAT CAUGHT THE PROSECUTOR'S ATTENTION
TO HER, IT LOOKED FAKE >> HE APPEARED TO BE SOBBING AND
REALLY HYSTERICAL WHENEVER THE DETECTIVE WOULD STEP OUT OF THE
ROOM BUT NEVER DID HE HAVE ANY TEARS.
NEVER DID HE NEED A KLEENEX OR WIPE HIS NOSE.
I WOULD LOVE TO THINK I COULD CRY AND NOT NEED A KLEENEX
>> HEY, RUSS YOU NEED SOME KLEENEX OR
SOMETHING, MAN >> Reporter: SHE MUST HAVE
MISSED THIS PART OF THE INTERVIEW.
BUT RUSS'S HYSTERIA MADE AN IMPRESSION ON THE DETECTIVES,
TOO. THAT AND HIS MISTAKEN BELIEF
THAT BETSY KILLED HERSELF. BECAUSE BETSY'S DAUGHTER,
MARIAH, SPEAKING TO US FOR THE FIRST TIME, SAID SHE HEARD ONE
THING QUITE CLEARLY THROUGH HER HAZE OF GRIEF.
>> THE DETECTIVES TOLD MY AUNTS THAT RUSS IS THE MAIN PERSON OF
INTEREST >> Reporter: IN PART BECAUSE
SOMEONE WAS TELLING TALES. >>> BETSY FARIA'S SUDDEN, SAVAGE
DEATH WOULD BE JUST THE BEGINNING OF A PAINFUL AND
LETHAL ODYSSEY WHEN WE COME BACK --
>> IT WAS A LOT OF SHOCK JUST A LOT OF TEARS STREAMING
DOWN MY FACE >> AS MARIAH REELS WITH GRIEF,
PAM REELS OFF ACCUSATIONS AGAINST RUSS
>> HE MAKES COMMENTS ABOUT HOW MUCH MONEY HE'LL HAVE AFTER
SHE'S GONE BECAUSE HE'S GOT LIFE >> Reporter: EARLY THE MORNING
AFTER BETSY'S MURDER, THERE WAS A LOUD KNOCK AT THE DOOR OF
BETSY'S MOTHER, JANET. >> FOUR SERGEANTS MARCHED RIGHT
IN ONE OF THEM JUST LOOKED RIGHT AT
ME AND SAID, "BETSY'S DEAD." >> Reporter: THAT'S THE WAY IT
WAS ANNOUNCED? >> THAT'S THE WAY IT WAS TOLD TO
ME BLUNT, LIKE THAT
AND THEN I SAID, "WHAT HAPPENED? CAR ACCIDENT?"
HE SAID, "NO, IT WAS A VIOLENT DEATH.
>> Reporter: MARIAH, THE YOUNGER OF BETSY'S TWO DAUGHTERS, WAS AT
HER GRANDMOTHER'S HOUSE THAT DAY.
>> IT WAS JUST A LOT OF SHOCK. JUST A LOT OF TEARS STREAMING
DOWN MY FACE I JUST REALLY DIDN'T KNOW WHAT
TO THINK >> Reporter: AND THAT SENSE OF
SUDDEN LOSS MUST BE OVERPOWERING
>> I'VE NEVER EXPERIENCED LOSS BEFORE MY MOM.
>> Reporter: WORSE, SAID MARIAH, THE POLICE SEEMED TO THINK RUSS
DID IT RUSS, THE ONLY FATHER FIGURE
SHE'D EVER KNOWN SHE WAS 3 WHEN HE MET BETSY.
DID HE FEEL LIKE A DAD, LIKE A FATHER
>> OH, YEAH. I'VE ALWAYS CALLED HIM "DAD"
FROM WHAT I CAN REMEMBER >> Reporter: POLICE LEANED HARD
ON RUSS. >> I DID NOT STAB MY WIFE.
I DID NOT DO IT. >> Reporter: WAS RUSS CAPABLE OF
SUCH A THING NO, SAID BETSY'S MOTHER, THAT
FIRST DAY. >> RUSS HAD BEEN VERY GOOD TO ME
ALL THESE YEARS. >> Reporter: YOU WERE CLOSE TO
HIM. >> I WAS CLOSE TO HIM.
>> Reporter: IT'S LIKE HE WAS A SON, IN A WAY.
>> UH-HUH. >> Reporter: BUT EARLY ON,
INVESTIGATORS WERE ALSO TALKING TO -
>> CAN YOU STATE YOUR LAST NAME FOR US, PLEASE
>> HUPP. "H-U-P-P."
[ CRYING ] >> Reporter: PAM HUPP, THE
FRIEND WHO DROVE BETSY HOME THE NIGHT OF THE MURDER.
THE TWO WOMEN MET A DECADE EARLIER WHEN THEY BOTH WORKED AT
THE SAME INSURANCE AGENCY. OFFICERS TALKED TO PAM AT HER
HOME THE MORNING AFTER IT HAPPENED
>> WOULD YOU DESCRIBE YOURSELF AS -- YOUR FRIENDSHIP AS BEST
FRIENDS OR - >> UM, BETSY HAD A LOT OF BEST
FRIENDS. BUT YES, I -- I SAW HER ALMOST
EVERY DAY, EVERY OTHER DAY >> Reporter: THEY ASKED RUSS
ABOUT PAM. >> SHE'S A GOOD PERSON
SHE'S VERY FRIENDLY. >> YOU DON'T THINK SHE'D HAVE
ANYTHING BAD TO SAY ABOUT YOU? >> NO.
>> Reporter: AND LATER ASKED HIM WHO ELSE THEY SHOULD BE LOOKING
AT >> WHO COULD HAVE BEEN OVER AT
THE HOUSE DURING THE TIME -- THAT TIME?
>> THE ONLY PERSON THAT WOULD HAVE BEEN THERE WOULD HAVE BEEN
PAM, BUT I DON'T THINK PAM WOULD DO THAT.
>> Reporter: OF COURSE, HE DIDN'T KNOW WHAT SHE WAS SAYING.
>> HE'S VERBALLY MEAN TO HER HE SMOKES IN THE HOUSE, EVEN
THOUGH SHE'S BEEN SICK, AND DOESN'T CARE
>> SORT OF DISRESPECTFUL >> OH, HE'S VERY DISRESPECTFUL
HE MAKES COMMENTS ABOUT HOW MUCH MONEY HE'LL HAVE AFTER SHE'S
GONE 'CAUSE HE'S GOT LIFE INSURANCE ON HER AT WORK
SHE'S GOT LIFE INSURANCE JUST INSENSITIVE STUFF WHICH
WOULD UPSET HER. >> Reporter: GOT SO BAD, SAID
PAM, THAT BETSY WAS SECRETLY PLANNING TO DIVORCE HIM.
THAT'S CERTAINLY NOT HOW RUSS WAS DESCRIBING HIS MARRIAGE TO
DETECTIVES >> WE HAVE A REALLY GOOD
RELATIONSHIP >> OKAY.
NO HISTORY OF ANY KIND OF DOMESTIC VIOLENCE BETWEEN YOU OR
HER OR - >> WE -- WE WERE -- WE ARGUED
QUITE A BIT A FEW -- QUITE A FEW YEARS AGO, ABOUT FIVE YEARS AGO,
SIX YEARS AGO. WE SEPARATED BECAUSE WE COULDN'T
GET ALONG. BUT THERE WAS NO VIOLENCE OR
ANYTHING INVOLVED. >> Reporter: AND THEN THEY
JOINED A NEW CHURCH AND FELL IN LOVE AGAIN
>> WE WENT AND TALKED TO PASTOR MIKE, AND HE GAVE US SOME
COUNSELING >> YOU GO TO MORNING STAR?
>> YOU KNOW MIKE >> I KNOW PASTOR MIKE.
>> MIKE'S A GREAT GUY. >> MIKE IS A GOOD GUY.
>> HE'S A GOOD FRIEND. >> Reporter: MEANWHILE, THIS
FROM PAM >> HE'D START PLAYING THIS GAME
OF PUTTING A PILLOW OVER HER FACE TO SEE WHAT IT WOULD FEEL
LIKE -- I DON'T KNOW IF HE SAID, "THIS IS WHAT IT'S GOING TO FEEL
AND THEN ACT LIKE HE WAS KIDDING.
>> UH-HUH. >> SHE WAS VERY UPSET.
>> Reporter: AND AS PAM ACCUSED, DETECTIVES CONFRONTED RUSS
>> YOU NEVER PUT A PILLOW OVER HER FACE AND SAID --
>> NO. >> -- YOU KNOW, "THIS IS WHAT IT
WOULD FEEL LIKE TO DIE"? >> NO.
>> WHY WOULD HER FRIENDS TELL THE POLICE THAT YOU HAD DONE
THAT AND SHE WAS SCARED OF YOU >> SHE HAD NO REASON TO BE
SCARED OF ME SHE'S NEVER BEEN SCARED OF ME.
>> Reporter: BUT ONCE POLICE LOOKED AT THE CRIME SCENE,
PAM HUPP'S VERSION OF THINGS SEEMED TO THEM MORE LIKELY
THEY FOUND RUSS'S SLIPPERS IN HIS BEDROOM CLOSET, STAINED WITH
BETSY'S BLOOD. AND HER BLOOD ON A LIGHT SWITCH
IN THE BEDROOM MUST HAVE BEEN RUSS, THEY
THOUGHT, WITH HIS BLOODY HANDS WHO PUT IT THERE
>> THERE'S BLOOD ON YOUR CLOTHES, IN YOUR RESIDENCE, IN
YOUR BEDROOM >> I DIDN'T EVEN GO TO MY
BEDROOM. >> Reporter: OFF AND ON THEY
QUESTIONED HIM FOR 16 HOURS. RUSS DID NOT GIVE THEM THE
CONFESSION THEY WANTED BUT MAYBE THERE WAS A WAY TO GET
THERE. AND THEY HOOKED HIM UP TO A
POLYGRAPH. >>> COMING UP, BETSY'S DAUGHTER
SAYS INVESTIGATORS PUSHED THE FAMILY HARD TO BELIEVE RUSS WAS
A KILLER >> Reporter: THAT'S AN AMAZING
TURN, ISN'T IT A PERSON YOU LOVED IS SUDDENLY,
BOOM, THE ENEMY. >> YEAH, IT WAS JUST KIND OF
>>> ALL RIGHT. HOW DO YOU THINK YOU DID
>> Reporter: IT WAS A TRICK QUESTION OF SORTS.
RUSS WAS OPERATING ON NO SLEEP, GRILLED FOR MANY HOURS, TOLD
THEM HE'D SMOKED WEED AT GAME NIGHT.
NOT THE RIGHT CONDITIONS FOR A POLYGRAPH.
BUT HE DIDN'T KNOW THAT. AND IF THE COPS KNEW, WELL,
MAYBE THEY DIDN'T CARE >> I HAD TO HAVE PASSED.
>> YOU HAD TO HAVE PASSED. OKAY
I DO THIS FOR A LIVING YOU ARE NOT 100% HONEST WITH ME.
>> I WAS I WAS HONEST
HONESTLY, I DON'T EVEN KNOW IF THE THING WAS ON OR NOT.
>> Reporter: THEN THE INVESTIGATOR TOLD HIM --
>> YOUR WIFE WAS STABBED OVER 25 TIMES, RUSS
>> OH, MY GOD. NO
>> OVER 25 TIMES THEY'RE STILL COUNTING
>> THAT'S SOMEBODY WHO LOST CONTROL OF THEIR EMOTIONS AND
COULDN'T STOP. >> THERE'S NO WAY THAT I DID
THIS >> THERE'S NO ONE ELSE THAT HAS
ANY KIND OF MOTIVE, MONETARY OR -- CRIME OF PASSION
>> I CAN'T TELL YOU WHAT I DON'T KNOW
I DON'T KNOW >> Reporter: AFTER THAT
POLYGRAPH, DETECTIVES HAD HAD ENOUGH OF RUSS'S DENIALS -
>> ALL OF THE EVIDENCE POINTS TO YOU.
>> Reporter: -- AND ARRESTED HIM.
>> TURN AROUND AND PUT YOUR HANDS BEHIND YOUR BACK
>> Reporter: PROSECUTOR ASKEY THOUGHT THE CRIME SCREAMED RAGE
MURDER, ESPECIALLY WHEN THE PATHOLOGIST ULTIMATELY COUNTED
56 STAB WOUNDS AND RUSS CALLING IT IN AS A
SUICIDE, SHE SAID, WAS FURTHER PROOF HE DID IT.
BUT WE WONDERED. DO YOU THINK HE WOULD'VE CALLED
IN AND SAID SHE COMMITTED SUICIDE WHEN HE WOULD KNOW THAT
THEY WOULD BE THERE IN ABOUT FIVE MINUTES AND THEY WOULD LOOK
AT HER BODY AND REALIZE, "THIS AIN'T A SUICIDE -- IT'S A
HOMICIDE"? >> WELL, I THINK THAT THE -- THE
HOPE IS THAT THERE'S NOT GONNA BE A WHOLE LOT OF SOPHISTICATED
LAW ENFORCEMENT OUT IN THIS AREA
>> Reporter: STILL, LEAH ASKEY TOLD THE DETECTIVES, SHE NEEDED
MORE THAN A POLYGRAPH, FAILED OR NOT.
WHY DIDN'T YOU CHARGE HIM RIGHT THEN
>> BECAUSE A POLYGRAPH ISN'T ADMISSIBLE
>> Reporter: ADMISSIBLE IN COURT, THAT IS
SO WITHOUT CHARGES, 24 HOURS AFTER HIS ARREST, THEY HAD TO
RELEASE HIM. >> NO COMMENT.
>> DID YOU KILL YOU WIFE >> NO COMMENT.
>> Reporter: AND IN NO TIME AT ALL, THE STORY WAS ALL OVER TOWN
THAT RUSS WAS THE PRIME AND ONLY SUSPECT.
>> I'D LIKE TO SAY GET OUT OF MY FACE
>> AND BOY, THIS CASE HAS REALLY BEEN TAKING A LOT OF TURNS
TODAY. >> Reporter: YES, AND MORE TO
COME BECAUSE THE LINCOLN COUNTY
DETECTIVES SEEMED CONVINCED. >> THEY BROUGHT MY MOM'S ENTIRE
FAMILY INTO LINCOLN COUNTY THAT WEEK, AND THEY TOLD US, "THIS IS
OUR GUY. >> Reporter: AND YOU KIND OF
FELT THAT THERE WAS NO OPTION BUT TO ACCEPT THAT
>> RIGHT >> Reporter: THAT'S AN AMAZING
TURN, ISN'T IT A PERSON YOU HAD LOVED AND
LAUGHED WITH AND HAD ADMIRED FOR A LONG TIME IS SUDDENLY, BOOM,
THE ENEMY. >> YEAH.
WELL, IT TOOK A LOT OF PERSUADING FOR ME.
SO IT WAS JUST KIND OF THEM BULLYING AND USING THEIR POWER
TO MANIPULATE US >> Reporter: BUT THE DETECTIVES
NEEDED MORE EVIDENCE SO A WEEK AFTER THE MURDER,
AFTER FAMILY HAD BEEN IN AND OUT, OFFICERS RETURNED TO THE
FARIA HOUSE AND SPRAYED THE INTERIOR WITH LUMINOL, THAT
CHEMICAL THAT LIGHTS UP WHEN TRACE AMOUNTS OF BLOOD OR
CLEANING CHEMICALS ARE DETECTED. AND VOILA!
THEY SAID THEY COULD SEE GLOWING SPOTS LEADING TO A KITCHEN TOWEL
DRAWER WHICH THEY FIGURED ONLY SOMEONE WHO LIVED THERE WOULD
KNOW HOW TO FIND SO RUSS MUST HAVE CLEANED UP THE
BLOOD. THEY TOOK PICTURES OF IT
BUT THEY DIDN'T TURN OUT CAMERA MALFUNCTIONED, THEY SAID.
WOULDN'T YOU WANNA SEE THE -- THE RESULTS OF THE TEST?
WOULDN'T YOU WANNA SEE THE PHOTOGRAPHS?
>> I MEAN, IN THE PERFECT WORLD, I'D LIKE TO SEE ALL KINDS OF
THINGS I MEAN, BUT IT ISN'T TELEVISION.
PEOPLE DON'T DROP THE GUN -- >> Reporter: BUT -
>> -- DOWN THE DRAIN AND THEN FIND IT IN TWO -- TEN MINUTES.
THAT'S NOT THE WAY IT WORKS. >> Reporter: AND SO LEAH ASKEY
TOOK THEIR WORD FOR IT AND FILED A MURDER CHARGE.
>> LITERALLY THE DAY AFTER THE FUNERAL, THEY CAME AND GOT ME
FROM MY MOM'S HOUSE AND CHARGED ME WITH MURDER
>> Reporter: THEY TOOK RUSS TO THE LINCOLN COUNTY JAIL.
HIS COUSIN MARY WENT TO VISIT HIM THERE.
HOW'S HE TAKING IT >> NOT GOOD.
I MEAN, I THINK HE'S CONFUSED. HE'S HURT.
HE NEVER GOT TO GRIEVE HIS WIFE. HOW DO YOU PROVE TO SOMEBODY
THAT, WITHOUT A DOUBT, YOU DID NOT DO THIS?
>> Reporter: HOW INDEED. >>> COMING UP --
RUSS'S GAME NIGHT BUDDIES PROVIDE WHAT SOUNDS LIKE A SLAM
DUNK ALIBI >> ONCE WE HEARD THE TIMELINE,
WE KNEW THAT HE COULD NOT HAVE COMMITTED THIS CRIME
>> Reporter: IMPOSSIBLE? >> A MAN CANNOT BE IN TWO PLACES
AT THE SAME TIME >> BUT -
>> Reporter: ISN'T THAT A PRETTY IRONCLAD ALIBI
>> I DIDN'T THINK SO
AGAINST RUSS FARIA, NOW CHARGED WITH MURDER, HIS COUSIN MARY GOT
BUSY AS IT HAPPENED, ONE OF LIFE'S
COINCIDENCES, MARY KNEW WHO TO CALL
SHE WAS A LEGAL SECRETARY ONCE AND HER BOSS WAS JOEL SCHWARTZ
>> JOEL'S A VERY GOOD ATTORNEY, COMES FROM A VERY GOOD FIRM.
HE HAS A VERY GOOD BACKGROUND. >> Reporter: SO ATTORNEY
SCHWARTZ GOT BUSY, TOO AND AS HE DUG IN, HE COULD SEE
THE CASE AGAINST RUSS DID NOT MAKE SENSE
FIRST HE DISCOVERED THAT THE STORY ABOUT A BAD MARRIAGE JUST
WASN'T TRUE. >> THE PEOPLE WHO I'VE SPOKEN TO
TOLD ME THAT THE TWO OF THEM HAD FALLEN BACK IN LOVE.
>> Reporter: NEXT HE CHECKED RUSS'S ALIBI, WHICH WAS A
REGULAR, WEEKLY GAME NIGHT WITH FRIENDS EVERY TUESDAY, 6:00 TO
9:00, MIKE CORBIN'S HOUSE. >> WE WERE ALL WITHIN EIGHT FEET
OF EACH OTHER THE WHOLE NIGHT. >> Reporter: DID HE ACT THE SAME
AS USUAL >> OH, YEAH.
>> Reporter: AND THEN RUSS LEFT AT 9:00, STOPPED AT AN ARBY'S
DRIVE-THROUGH, AND LEFT WITH TWO JUNIOR CHEDDAR MELTS AND A
RECEIPT STAMPED 9:09 P.M AND THEN HE DROVE 25 MILES TO
HIS HOUSE ARRIVING JUST BEFORE 9:40
WALKED IN, SAW HIS WIFE ON THE FLOOR AND CALLED 911
>> ONCE WE HEARD THE TIMELINE, WE KNEW THAT HE COULD NOT HAVE
COMMITTED THIS CRIME >> Reporter: IMPOSSIBLE?
>> IT'S IMPOSSIBLE A MAN CANNOT BE IN TWO PLACES AT
THE SAME TIME. >> Reporter: SCHWARTZ THOUGHT
THE SAME THING IN FACT, IT WAS ONE OF THE BEST
ALIBIS HE'D EVER HEARD BUT LEAH ASKEY
ISN'T THAT A PRETTY IRONCLAD ALIBI?
>> I DIDN'T THINK SO >> I DIDN'T THINK SO
>> Reporter: I MEAN, HOW - >> I MEAN --
[ LAUGHTER ] >> Reporter: HOW GOOD DOES AN
ALIBI HAVE TO BE TO SATISFY YOU? >> I -- I JUST -- THERE WERE
LOTS OF THINGS ABOUT IT THAT GAVE ME PAUSE.
>> Reporter: ALL THOSE FOUR PEOPLE MIGHT'VE BEEN LYING TO
PROTECT HIM TO COVER FOR THE MURDER OF HIS WIFE
>> WELL, I DON'T -- I DON'T KNOW THAT -- IT WAS NEVER MY --
NECESSARILY MY -- MY THOUGHT PROCESS THAT THEY WERE COVERING
FOR THAT I THOUGHT POTENTIALLY THEY
THOUGHT HE WAS OFF HAVING A RENDEZVOUS WITH HIS GIRLFRIEND,
WHICH WAS A CONSISTENT THING THAT HAPPENED.
>> Reporter: RIDICULOUS, SAID SCHWARTZ
AND ANYWAY, HE'D QUICKLY LEARNED THERE WAS NO GIRLFRIEND.
AND WHEN HE READ REPORTS FROM FIRST RESPONDERS WHO ARRIVED
TEN MINUTES AFTER RUSS CALLED 911, SCHWARTZ SAW EVIDENCE BETSY
WAS VERY LIKELY KILLED WHILE RUSS WAS WITH HIS FRIENDS AT
GAME NIGHT >> A FIREMAN AND AN EMS
SUPERVISOR STATED THAT THE BODY WAS STIFF, THAT THE BODY WAS
COOLING, AND THAT THE BLOOD WAS POOLING AND DRYING
SO IT -- >> Reporter: WHICH MEANT WHAT?
>> IT MEANT THAT A COUPLE HOURS HAD PASSED SINCE THE TIME SHE
HAD BEEN MURDERED. PUTS THE DEATH AROUND 7:15 TO
7:30, IN MY MIND >> Reporter: LEAH ASKEY HAD
HEARD THAT, TOO. BUT DISMISSED IT
>> THE WAY THEY CHECKED FOR RIGOR MORTIS IS WITH THEIR -- I
MEAN, IT WAS COLD. IT WAS -- IT WAS A COLD NIGHT.
THEY HAD THE DOORS OPEN IN THE HOUSE.
AND THEY HAD GLOVES ON THEY HAD FULL COATS ON
AND THEY TOUCHED HER FOREARM FOR A MANNER OF ABOUT A SECOND
>> Reporter: AS FOR ALL THOSE STAB WOUNDS?
SCHWARTZ DISCOVERED THAT MANY OF THEM WERE INFLICTED AFTER BETSY
WAS DEAD AND THERE WAS SOMETHING ODD
ABOUT THEM >> THERE WAS NO IRREGULARITIES
IN THE WOUND, MEANING NO SIDE TO SIDE MOVEMENT OF THE KNIFE
>> Reporter: THIS WASN'T SOMEBODY MADLY SLASHING AWAY
>> IT CERTAINLY DOESN'T SEEM TO BE SOMEONE MADLY SLASHING AWAY
IT SEEMS TO BE EXTREMELY METHODICAL, SOMEBODY WHO -
>> Reporter: AS IF SOMEBODY KILLED HER AND THEN AFTERWARDS
WENT ABOUT THE BUSINESS OF MAKING IT LOOK AS IF SOMEBODY
HAD BEEN SLASHING HER? >> NOT "AS IF.
SOMEBODY DID THAT. >> Reporter: A FRAME-UP, IN
OTHER WORDS. LIKEWISE, THE SLIPPERS
RUSS'S SLIPPERS WITH BETSY'S BLOOD ON THEM FOUND IN HIS
CLOSET WHERE HE SAID HE NEVER KEPT THEM.
>> THERE WAS NO IMPRINT OF A SHOE IN THE BLOOD, NOR WAS THERE
ANY FOOTPRINT LEADING BACK TO WHERE THE SLIPPERS WERE FOUND.
SOMEBODY ATTEMPTED TO STAGE THIS
>> Reporter: DIPPED IT IN THE BLOOD?
>> DIPPED IT IN THE BLOOD. >> Reporter: BUT WHEN POLICE
EXAMINED RUSS AND THE CLOTHES HE WAS WEARING --
>> THERE WAS NOT A SPECK OF BLOOD.
AND THE -- EVEN THE MEDICAL EXAMINER SAID, "YEAH, YOU WOULD
EXPECT TO FIND BLOOD ALL OVER SOMEBODY WHO COMMITTED THIS
CRIME. OR AT LEAST SOME BLOOD ON THEM."
>> Reporter: SO AFTER HIS OWN INITIAL INVESTIGATION, SCHWARTZ
WAS PUZZLED. THERE SEEMED TO BE NO REAL
EVIDENCE AGAINST RUSS. >> THE INVESTIGATORS, I THINK,
MADE A SNAP JUDGMENT THAT THE HUSBAND KILLED THE WIFE.
AND I THINK THAT CLOUDED THEIR JUDGMENT AND THEIR
INVESTIGATION. AND THEN IT SORT OF SNOWBALLED
FROM THERE >> Reporter: "SO," SCHWARTZ
THOUGHT, "IF IT WASN'T RUSS, WHO WAS IT
WHO ELSE WAS WITH BETSY THAT DAY AND NIGHT?
THE ANSWER WAS PAM PAM WHO SEEMED ALMOST TO HAVE
BEEN STALKING BETSY AS SHE NAVIGATED CHEMO AND A VISIT WITH
HER MOM. >> SHE RECEIVED A TEXT FROM
PAM HUPP PAM WANTED TO JOIN HER AT CHEMO.
AND SHE TEXTED BACK TO PAM SAYING, "IT'S OKAY
I DON'T NEED A RIDE. MY MOTHER'S FRIEND IS IN TOWN,
AND SHE'S GONNA TAKE ME. >> Reporter: DAUGHTER MARIAH
OVERHEARD ALL THIS >> I JUST REMEMBER PAM HUPP
WANTING TO COME. AND MY MOM WAS JUST LIKE, "I
REALLY HOPE THAT PAM HUPP DOESN'T COME."
AND SHE TOLD HER NOT TO COME AND NEXT THING WE KNOW, SHE
SHOWED UP AT CHEMOTHERAPY. >> Reporter: AND LATER SEEMED
DETERMINED TO GIVE BETSY A RIDE HOME FROM HER MOM'S PLACE.
>> NOW, THIS WAS APPROXIMATELY 30 MINUTES OUT OF MISS HUPP'S
WAY. I DON'T KNOW WHY SHE OFFERED TO
DO IT, BECAUSE BETSY ALREADY HAD A RIDE HOME FROM RUSSELL
THEY LEFT BETSY'S MOTHER'S HOUSE AROUND 6:30 IN THE EVENING
>> Reporter: PAM AND BETSY ARRIVED BACK IN TROY AT THE
FARIA HOUSE JUST AFTER 7:00. SCHWARTZ PICKED UP THE TRAIL
WITH CELL PHONE DATA >> AT 7:04, THERE'S A CALL FROM
PAM'S PHONE TO PAM'S HUSBAND AND IN THAT CALL, BETSY GETS ON
THE PHONE. >> Reporter: VERY MUCH ALIVE
BUT 17 MINUTES LATER - >> AT 7:21, THERE'S A CALL FROM
BETSY'S DAUGHTER, UNANSWERED, TO BETSY.
AT 7:26, THERE'S AN UNANSWERED CALL TO BETSY.
AT 7:27, THERE'S A CALL FROM PAM HUPP'S CELL PHONE TO BETSY'S
CELL PHONE >> Reporter: ALSO UNANSWERED
THAT CALL, PAM TOLD THE DETECTIVES, WAS TO LET BETSY
KNOW SHE WAS HOME SAFE EXCEPT, SAID SCHWARTZ, THAT
WASN'T POSSIBLE. >> IF YOU CALLED -- YOUR HUSBAND
AT 7:04 AND THE NEXT CALL'S AT 7:27, IT'S IMPOSSIBLE FOR YOU TO
HAVE BEEN HOME AT THAT TIME. IT'S AT LEAST A HALF AN HOUR'S
DRIVE. AND SHE SAID SHE WENT INSIDE FOR
10 TO 15 MINUTES SO SHE THEN SAID, "WELL, I WAS
ALMOST HOME. >> Reporter: WHERE ACTUALLY WAS
SHE, BASED ON THE CELL TOWER TRIANGULATION?
>> AT THE VERY MOST, ABOUT THREE MILES FROM THE HOUSE
AT THE VERY LEAST, SHE WAS STILL AT THE HOUSE
>> Reporter: BUT THEN PAM QUICKLY ALTERED HER STORY.
>> I CALLED HER BECAUSE SHE'S AFRAID
I ALWAYS GET LOST IN TROY, AND IT'S REALLY DARK
>> UH-HUH. >> SO ACTUALLY, I WAS STILL IN
TROY AND SAID, "OH" -- I EITHER SAID, "I'M ON MY WAY," OR, "I'M
HOME ALREADY." >> OKAY.
>> SO SHE WOULDN'T WORRY >> Reporter: SCHWARTZ READ THE
TRANSCRIPTS. HER STORY KEPT CHANGING.
SHE DIDN'T GO INTO BETSY'S HOUSE.
SHE DID GO IN. SHE STAYED FOR A LITTLE BIT.
SHE'D DIDN'T STAY. WHEN SHE LEFT, BETSY WAS ON THE
COUCH. OR MAYBE NOT
>> SHE MAY HAVE STILL BEEN ON THE COUCH, BUT TODAY IT MAKES
SENSE THAT SHE WALKED ME TO THE DOOR
>> Reporter: SCHWARTZ WAS CONVINCED THAT THE WRONG PERSON
HAD BEEN ARRESTED. >>> COMING UP, BETSY'S FAMILY
GETS STARTLING NEWS ABOUT PAM AND BETSY'S LIFE INSURANCE
PAYOUT >> SHE CAME TO SHOW HER
CONDOLENCES. THAT'S WHEN MY AUNTS FOUND OUT
THAT SHE WAS THE BENEFICIARY MY AUNTS WERE JUST KIND OF,
LIKE, IN SHOCK ABOUT IT. >>> I THINK THIS CRIME SCENE WAS
STAGED AND IT WAS STAGED TO LOOK LIKE
RUSS FARIA DID IT. >> Reporter: THE MURDER OF
BETSY FARIA, JOEL SCHWARTZ CAME TO BELIEVE, WAS A STRAIGHT-OUT
FRAME-UP OF BETSY'S HUSBAND RUSS, CARRIED OUT BY BETSY'S
FRIEND PAM HUPP. BUT WHY?
ONE WORD INSURANCE.
AS PAM HERSELF TOLD THE DETECTIVES -
>> SHE SAID, "I'M GOING TO MAKE YOU THE BENEFICIARY.
IF YOU COULD, WHEN MY DAUGHTERS ARE OLDER, GIVE THEM SOME
MONEY. I SAID, "OKAY, WELL, HOW MUCH IS
IT FOR?" "$150,000.
>> Reporter: 150,000 IT WAS JUST TOO CONVENIENT
BECAUSE SCHWARTZ LEARNED PAM BECAME THE BENEFICIARY FOUR DAYS
BEFORE THE MURDER. AND IT WAS TRUE THAT BETSY
WORRIED RUSS MIGHT NOT BE THE BEST STEWARD OF MONEY MEANT FOR
HER DAUGHTERS. BUT THE PERSON SHE'D FIRST ASKED
TO TAKE CARE OF THE MONEY WAS NOT PAM BUT A FRIEND NAMED
RITA WOLF. >> WHAT SHE TOLD ME WAS THAT SHE
REALLY FELT THAT RUSS WOULD BE SO GRIEF STRICKEN THAT HE WOULD
BLOW THE MONEY ON TOYS AND FUN AND WOULD NOT SPEND IT ON THE
GIRLS AND HELPING THE GIRLS START A LIFE
>> AND SO SHE ASKED RITA, "WELL, COULD YOU TAKE CARE OF IT TO
MAKE SURE THE MONEY'S THERE FOR THE GIRLS?
>> Reporter: THIS IS NATE SWANSON, SCHWARTZ'S
CO-COUNSEL >> RITA SAID, "I'M NOT
COMFORTABLE DOING THAT YOU NEED TO MAKE SURE YOU HAVE A
TRUST SET UP, SOMETHING THAT IS LEGALLY BINDING TO MAKE SURE
THAT MONEY'S THERE DON'T JUST GIVE IT TO SOMEONE.
WHICH JUST BEGS THE QUESTION, WHY WOULD BETSY, HAVING HEARD
THIS FROM RITA, TURN AROUND AND DO EXACTLY THAT THING TO SOMEONE
ELSE >> Reporter: WHAT DID YOU THINK
ABOUT THAT >> I IMMEDIATELY THOUGHT HOW
WEIRD IT WAS >> Reporter: WEIRDER STILL THE
WAY THAT CHANGE OF BENEFICIARY WAS MADE
>> SHE HAD ME MEET HER AT THE LIBRARY HERE IN WINGHAVEN.
SHE WAS THERE ALREADY. SHE FILLED OUT THE FORM, SIGNED
IT WE WENT UP TO THE GIRL AT THE
COUNTER, SHOWED HER OUR I.D.s, AND SHE WITNESSED IT
>> Reporter: SEEMED FISHY TO SCHWARTZ
HE FOUND THAT "GIRL AT THE COUNTER," AND SHE SAID IT WASN'T
THE WAY PAM DESCRIBED IT AT ALL. SHE SAID PAM WAS IN CHARGE
PAM DID THE TALKING. BETSY HUNG BACK.
IT WAS A CHANGE OF BENEFICIARY RUSS KNEW NOTHING ABOUT.
NOR DID ANY OF BETSY'S FRIENDS OR FAMILY UNTIL PAM VISITED
BETSY'S MOM. >> SHE CAME TO SHOW HER
CONDOLENCES. SHE GAVE MY GRANDMA A NECKLACE
BUT THAT'S WHEN MY AUNTS FOUND OUT THAT SHE WAS THE
BENEFICIARY. SHE JUST CASUALLY SAID IT.
AND MY AUNTS WERE JUST KIND OF, LIKE, IN SHOCK ABOUT IT.
>> Reporter: "WHAT?" >> YEAH.
"WELL, YOU KNOW THAT MONEY'S FOR THE GIRLS, RIGHT?"
AND SHE'S LIKE -- SHE JUST NODS HER HEAD
>> Reporter: DO YOU THINK PAM HUPP PLAYED YOUR MOM
>> OH, YEAH. >> BETSY WAS VERY GULLIBLE
SHE'S A VERY TRUSTING AND LOYAL PERSON
I THINK THAT SHE WAS MANIPULATED.
AND I THINK SHE THOUGHT, "OKAY, I'LL JUST SIGN HERE BECAUSE THIS
IS WHAT MY FRIEND PAM IS TELLING ME."
>> Reporter: THEN, FOUR DAYS AFTER THE BENEFICIARY CHANGE,
PAM DROVE BETSY HOME, WHERE SHE WAS STABBED TO DEATH
SEEMED CLEAR TO SCHWARTZ THAT PAM HAD THE MOTIVE, MEANS, AND
OPPORTUNITY, HER TARGET WEAKENED BY CHEMO
BUT WHILE SCHWARTZ THOUGHT THE WHOLE INSURANCE BUSINESS HELPED
HIS CASE, ASKEY THOUGHT IT HELPED HERS.
SHE FIGURED THAT RUSS MUST HAVE FOUND OUT THAT HE WAS BEING CUT
OUT OF INSURANCE MONEY, MUST HAVE FLOWN INTO A RAGE AND
MURDERED BETSY SO NO, PAM DIDN'T DO IT, SAID
LEAH ASKEY SHE HELPED SOLVE IT.
>> SHE HAD BEEN FORTHCOMING. SHE HAD BEEN HELPFUL
SHE'D BEEN AGREEABLE TO DOING WHATEVER, LOOKING THROUGH
WHATEVER >> Reporter: AND, IN FACT, JUST
A COUPLE WEEKS AFTER BETSY WAS KILLED, THE LEAD DETECTIVE TOLD
THE INSURANCE COMPANY -- >> "NO, SHE'S NOT A SUSPECT AT
ALL. GO AHEAD."
>> Reporter: AND SHE GOT THE MONEY?
>> SHE GOT THE MONEY >> Reporter: SO WHAT DID SHE DO
THEN THIS IS PAM'S FORMER FRIEND AND
NEIGHBOR, BARBARA CONTE, WHO SAID PAM -
>> DIDN'T TALK ABOUT THE MURDER AND DIDN'T TALK ABOUT THE MONEY.
>> Reporter: BUT SOON AFTER THE MURDER, HER NORMALLY
PENNY-PINCHING FRIEND -- >> SHE SAID SHE WAS GOING TO GO
GET A MINI FACELIFT. AND DID I WANNA GO AND GET ONE,
TOO? >> Reporter: WOW
>> AND IN MY MIND I SAID, "I DON'T HAVE $10,000 TO PUT TO A
FACELIFT." >> Reporter: APPARENTLY SHE DID.
>> APPARENTLY SHE DID. >> Reporter: WHAT SHE DID NOT DO
WAS THE VERY THING BETSY HAD ASKED HER TO DO -- GIVE THE
MONEY TO MARIAH AND HER SISTER >> THAT'S A HUGE PROBLEM
>> Reporter: BUT WHEN LEAD DETECTIVE RYAN McCARRICK ASKED
PAM ABOUT THAT, HERE'S WHAT SHE SAID
>> TO ME, IN MY WORLD, $150,000 IS NOT THAT MUCH.
>> Reporter: STILL, SAID McCARRICK, IT WOULDN'T LOOK GOOD
IF SHE DIDN'T SET UP A TRUST FOR THE GIRLS BEFORE RUSS WENT ON
TRIAL FOR MURDER >> SO YOU STILL INTEND ON
PUTTING THE TRUST TOGETHER FOR THEM
>> ABSOLUTELY. >> Reporter: SOON AFTER THAT,
McCARRICK ASKED BETSY'S DAUGHTERS TO HOLD OFF SUING FOR
THE MONEY PAM HADN'T GIVEN THEM BECAUSE THAT WOULDN'T LOOK GOOD,
EITHER >> I REMEMBER RYAN McCARRICK
TELLING US THE CIVIL TRIAL'S NOT A GOOD IDEA.
>> Reporter: BECAUSE IF YOUR CIVIL CASE WENT AHEAD FIRST, IT
WOULD MAKE PAM HUPP LOOK BAD >> RIGHT
>> Reporter: AND THEY DIDN'T WANT THAT.
IS THAT RIGHT? >> YEAH.
>> Reporter: AND ONE MORE THING. BEFORE RUSS'S TRIAL BEGAN,
LEAH ASKEY FILED A MOTION ASKING THAT SCHWARTZ BE PREVENTED FROM
MENTIONING PAM'S INSURANCE WINDFALL OR FROM POINTING AT HER
AS AN ALTERNATE SUSPECT. AND THE JUDGE, WHO KNEW ASKEY
FROM HIGH SCHOOL, AGREED >> A WITNESS TESTIFIES
YOU CAN CROSS-EXAMINE THE WITNESS.
THAT'S A BASIC TENET OF LAW. THEIR BIAS, THEIR INTEREST, THE
FACT THAT THEY ARE THE LAST PERSON WITH THE VICTIM
THE FACT THAT THEY JUST RECENTLY WERE GIVEN THE VICTIM'S
INSURANCE UNDER WHO KNOWS WHAT PRETENSES.
>> Reporter: ALL THAT WAS OFF THE TABLE.
DIDN'T LOOK SO GOOD FOR RUSS NOW.
>> I'VE NEVER SEEN ANYTHING LIKE IT
>>> COMING UP -- PAM IS THE PROSECUTION'S STAR
WITNESS. BUT SHE'S NOT CONVINCING
EVERYONE >> SHE SWITCHED UP HER STORY
MULTIPLE TIMES AND I'M JUST LIKE, "HOW IS THIS
>> Reporter: RUSS FARIA'S FIRST MURDER TRIAL WAS ALSO PROSECUTOR
LEAH ASKEY'S FIRST MURDER TRIAL. SO SHE ASKED THE STATE ATTORNEY
GENERAL'S OFFICE FOR HELP. ALL THOSE PEOPLE LOOK AT THIS
STUFF AND THEY SAY, "YEAH, YEAH, HE KILLED HER"
>> EVERY ONE OF THEM >> Reporter: WOW
WOW. >> Reporter: THE STATE'S STAR
WITNESS WAS PAM HUPP SUPPORTING CAST -- BETSY'S
FAMILY, INCLUDING MARIAH WHAT WAS IT LIKE TO TESTIFY IN
THAT TRIAL >> WE WERE JUST BASICALLY HIS
CHARACTER TESTIMONIES. >> Reporter: TESTIMONY THAT WAS
MOSTLY NEGATIVE. >> THEY ASKED US QUESTIONS ABOUT
PREVIOUS FIGHTS MY PARENTS HAD NOT HE GOOD PARTS -- GOOD TIMES.
>> Reporter: THIS SURPRISED AND DEEPLY WOUNDED RUSS, WHO HAD
BEEN ESPECIALLY CLOSE TO MARIAH. ASKEY ALSO PRESENTED RUSS'S
HYSTERICAL 911 CALL AS FAKE, HIS INITIAL CLAIM BETSY HAD KILLED
HERSELF AS RIDICULOUS, SAID THE LUMINOL PROVED THAT HE CLEANED
UP AND THAT BETSY'S BLOOD ON HIS SLIPPERS AND A LIGHT SWITCH
CONFIRMED HE WAS THE KILLER. SCHWARTZ EMPHASIZED RUSS'S
ALIBI, SURVEILLANCE VIDEO, THE GAME NIGHT FRIENDS WHO SAID HE
WAS WITH THEM ALL EVENING, THE ARBY'S RECEIPT STAMPED
9:09 P.M., THE TOTAL LACK OF BETSY'S BLOOD ON RUSS OR HIS
CLOTHES. >> FORGET ABOUT BEYOND A
REASONABLE DOUBT THERE'S NOT ONE SHRED OF PROOF
THAT RUSSELL DID THIS. >> Reporter: WHAT REMAINED WAS
LEAH ASKEY'S THEORY, PRESENTED IN CLOSING ARGUMENT.
RUSS, SHE SAID, PLANNED THE MURDER WITH THE HELP OF HIS GAME
NIGHT FRIENDS. IT WOULD BE, "THE ULTIMATE
GAME." VERY ELABORATE
FIRST HE ARRANGED TO BE ON THIS STORE VIDEO JUST
BEFORE 6:00 P.M. THEN HE DROVE TO GAME NIGHT AND
DROPPED OFF HIS CELL PHONE SO IT WOULD PING THERE FROM 6:00 TO
9:00 WHILE HE DROVE THE HALF HOUR HOME AND STRIPPED NAKED,
WHICH EXPLAINED NO BLOOD ON HIS CLOTHES.
HE HAD SEX WITH BETSY, OR AS ASKEY PUT IT, "VIOLATES HER ONE
MORE TIME. THEN HE REPEATEDLY STABBED HER,
AND THEN CLEANED UP AND SHOWERED AND PUT HIS CLOTHES BACK ON.
AT 9:00, ONE OF HIS GAME NIGHT BUDDIES DROVE HIS PHONE BACK TO
HIS HOUSE, PICKING UP THE ARBY'S RECEIPT FOR HIM ON THE WAY
REALLY THAT WAS HER THEORY, IN SPITE OF
THE UNANIMOUS TESTIMONY OF HIS GAME NIGHT FRIENDS
FOUR PEOPLE CAME FORWARD TO TELL THE TRUTH ABOUT WHAT HAPPENED
THAT EVENING, AND YOU CALLED THEM LIARS
EVERY ONE OF THEM. AND NOT ONLY CALLED THEM LIARS,
BUT YOU IMPLIED THAT THEY ASSISTED IN A MURDER
>> I IMPLIED -- WELL, I TOLD THE JURY THAT I DID NOT BELIEVE
THEIR TESTIMONY. >> Reporter: YEAH.
SO - >> AND I DON'T
AND I DIDN'T >> Reporter: YOU STILL DON'T
BELIEVE THEIR TESTIMONY? >> ABSOLUTELY NOT.
>> Reporter: THERE WAS NO EVIDENCE WHATSOEVER TO INDICATE
THAT RUSS'S FRIENDS WERE ANYTHING BUT TRUTHFUL.
BUT IN THE END, RUSS WAS CONVICTED.
>> IT WAS DEVASTATING. >> I HAVEN'T LOST SLEEP IN A
LONG TIME OVER SOMETHING IN THIS -- IN THIS BUSINESS
AND I LOST SLEEP FOR A LONG TIME
>> Reporter: THE TRIAL LEFT MARIAH CONFUSED ABOUT PAM.
>> WHEN THEY HAD HER ON THE STAND AND SHE SWITCHED UP HER
STORY MULTIPLE TIMES, I'M JUST LIKE, "HOW IS THIS WOMAN NOT A
SUSPECT? AND THEY JUST USED THEIR POWER
TO PERSUADE US AND SAY, "THERE'S JUST NO WAY SHE COULD'VE DONE
IT." >> Reporter: HOW PERSUASIVE?
THIS IS BETSY'S MOTHER SHORTLY AFTER THE TRIAL.
IF SOMEBODY WERE TO COME TO YOU WITH EVIDENCE, STRONG EVIDENCE
THAT IT WASN'T RUSS, BUT IT WAS SOME OTHER PERSON, IS THAT
SOMETHING THAT YOU COULD ACCEPT? >> I WOULD STILL FEEL IT'S RUSS,
100% >> Reporter: BUT REMEMBER THAT
BUSINESS ABOUT THE INSURANCE PAM TOLD DETECTIVES SHE WOULD
GIVE SOME OF IT TO BETSY'S DAUGHTERS.
BUT SHE DIDN'T SHE KEPT IT ALL.
AND THAT IS HOW PAM HUPP'S WORLD BEGAN TO UNRAVEL
BECAUSE BETSY'S FAMILY DID SUE HER.
AND THUS, SHE SAT FOR A DEPOSITION, IN WHICH SHE MADE
THIS 180 >> DID SHE MENTION TO YOU THAT
SHE WANTED THE MONEY TO BE USED FOR HER DAUGHTERS?
>> ABSOLUTELY NOT. >> Reporter: PAM ALSO SAID THAT
SHE HAD SET UP A TRUST FOR THE GIRLS BEFORE THE TRIAL, AS THE
LEAD DETECTIVE PRESSURED HER TO DO
BUT AFTER THE TRIAL? SHE REVOKED IT, TOOK IT ALL
BACK WELL
WHEN SCHWARTZ HEARD THAT, HE KNEW -
>> THAT IN AND OF ITSELF IS SOMETHING THAT THE COURT OF
APPEALS NEEDED TO HEAR ABOUT >> Reporter: SO AGAINST LONG
ODDS, HE FILED AN APPEAL OF SORTS IN MISSOURI CALLED A
MOONEY MOTION AND WON A SPECIAL HEARING TO RECONSIDER RUSS'S
CONVICTION >> IT'S INCREDIBLY RARE, HAVING
HAPPENED ONLY THREE TIMES PREVIOUSLY IN THE STATE OF
MISSOURI >> Reporter: EVER?
>> EVER. >> Reporter: AND THEN, JUST A
WEEK BEFORE THAT HEARING, PAM WENT TO SEE LEAH ASKEY
THERE'D BE A DIFFERENT JUDGE AT THIS HEARING, AND PAM HAD A
QUESTION >> SO WHAT ARE OUR CHANCES OF
MAKING THE JUDGE BELIEVE US? >> Reporter: "WHAT ARE OUR
CHANCES OF MAKING THE JUDGE BELIEVE US," LIKE YOU AND SHE
WERE ON THE SAME TEAM. >> WELL, I MEAN, SHE WAS A
STATE'S WITNESS IN THE ORIGINAL TRIAL.
>> Reporter: YEAH. >> I MEAN, HER POSITION WAS PRO,
YOU KNOW, BETSY. >> Reporter: HOW WOULD ANYBODY
ELSE BE ANTI BETSY >> WELL, I'M JUST SAYING THAT
SHE WAS A STATE'S WITNESS. SO THE PROSECUTION'S WITNESSES
WOULD SAY, "WELL, HOW'S IT LOOKIN' FOR US?"
THE SAME AS HER FAMILY WOULD PHRASE IT THAT WAY
>> Reporter: ASKEY TOLD PAM SHE WASN'T WORRIED, THOUGH
>> WE GOT A GOOD CASE. YOU KNOW
AND I'M -- I'M A BETTER LAWYER TODAY THAN I WAS THREE YEARS
AGO. >> Reporter: AND THIS WAS ONLY
HAPPENING BECAUSE JOEL SCHWARTZ HAD A BRUISED EGO.
>> JUST BECAUSE SOMEBODY GOT THEIR, YOU KNOW, FEELINGS HURT
BECAUSE THEY LOST. >> SCHWARTZ ISN'T USED TO
LOSING >> RIGHT
>> Reporter: YOU STILL BELIEVE THAT TO BE SO?
HE REACTED BECAUSE HIS FEELINGS WERE HURT?
>> I THINK THAT WAS CERTAINLY A DRIVING FORCE FOR HIM.
>> Reporter: ASKEY ALSO COMPLAINED ABOUT THE UNFAIRNESS
OF IT ALL. UNFAIR TO HER, THAT IS
IN A NORMAL WORLD, WHEN A PROSECUTOR WINS A MURDER CASE,
EVERYONE IS LIKE, YAY. NOT IN MY WORLD.
I'VE LOST PLENTY OF SLEEP OVER THIS CASE.
DON'T GET ME WRONG BUT NOT BECAUSE RUSS FARIA IS IN
PRISON >> Reporter: ON THE APPOINTED
DAY THEY ALL ASSEMBLED AND IT DIDN'T TAKE VERY LONG
THE NEW JUDGE OVERTURNED RUSS'S CONVICTION
HE WOULD GET A NEW TRIAL >> IT WAS ONE OF THE BEST
MOMENTS OF MY LIFE FINALLY SOMETHING GOOD IN MY
FAVOR. >> Reporter: BUT WAS IT OVER
OH, NO PAM WAS TELLING STORIES AGAIN.
>> I MEAN, WE JUST SPENT A WHOLE LOT OF TIME TOGETHER, YOU KNOW,
AND I REPLACED WHAT A HUSBAND WOULD BE
>> Reporter: MY, MY. >>> COMING UP, PROSECUTOR ASKEY
SAYS NEW DISCOVERIES FROM THE CRIME SCENE HAVE HER FEELING
MORE CONFIDENT THAN EVER >> THERE WAS EVIDENCE THAT I
THOUGHT, "WOW, HAD I HAD THIS IN THE FIRST TRIAL, THERE MAY NOT
HAVE EVEN BEEN A TRIAL >> Reporter: LEAH ASKEY, COUNTY
PROSECUTOR, WAS CONFIDENT AS SHE PREPARED TO TRY RUSS FARIA FOR A
SECOND TIME. WHY DID YOU DECIDE TO TRY HIM
AGAIN? >> BECAUSE A WOMAN HAD BEEN
BRUTALLY MURDERED IN -- IN THE COUNTY THAT I WAS ELECTED TO
SERVE. AND THE EVIDENCE THAT I HAD
STILL POINTED IN THE SAME DIRECTION.
>> Reporter: TO HELP BOLSTER THE STATE'S CASE, INVESTIGATORS RE-
INTERVIEWED WITNESSES, LIKE PAM HUPP
BUT HER STORY WAS A MOVING TARGET
LIKE HER RELATIONSHIP WITH BETSY.
JUST A FRIEND BEFORE THE FIRST TRIAL.
BUT BEFORE THE SECOND TRIAL, LOVERS
>> I REPLACED WHAT A HUSBAND WOULD BE
IT'S HONESTLY A RELATIONSHIP WITH TWO WOMEN WHO REALLY AREN'T
ATTRACTED TO WOMEN I DON'T KNOW HOW TO EXPLAIN
THAT IT'S NOT -- I'M ATTRACTED TO
MEN, LOVE EVERYTHING ABOUT THEM. CAN'T WAIT TILL "MAGIC MIKE XL"
COMES OUT. BUT SHE'S THE SAME WAY
IT'S NOT LIKE SHE WAS A LESBIAN OR ANYTHING.
IT WASN'T LIKE THAT. IT WAS SUCH AN EVOLUTION OF
EMOTIONAL TRAUMA FOR HER >> Reporter: AND THEN THAT STORY
EVOLVED INTO A VERY COLORFUL CLAIM THAT RUSS --
>> PUSHED ME UP AGAINST THE WALL, AND HE SAID, "YOU EVER
COME OVER HERE AGAIN." HE WAS ALL RED-FACED
>> KIND OF LIKE A GRITTED TEETH? >> OH, HE'S, LIKE, TALKED ABOUT
THIS FAR AWAY FROM MY FACE YEAH, HE WAS RIGHT THERE
I COULD FEEL HIS SPIT. NASTY.
AND HE SAID, "YOU TWO MUFF THUMPERS," SOMETHING TO THAT
EFFECT "IF I EVER CATCH YOU TOGETHER
AGAIN, I'LL BURY YOU OUT IN THE BACKYARD."
>> Reporter: AT THAT POINT, YOU MUST'VE LOOKED BACK AND SAID,
"WELL, WAIT A MINUTE THIS WOMAN HAS BEEN TELLING
DIFFERENT STORIES FOR YEARS, AND SHE IS THE LAST PERSON TO SEE
HER ALIVE. MAYBE WE GOTTA CHANGE DIRECTION
HERE." YOU DIDN'T THINK THAT?
>> WELL, IT'S NOT MY PLACE TO CHANGE THE DIRECTION
BUT WHAT I DID DO -- >> Reporter: IT IS TOTALLY -
>> -- IS SAY - >> Reporter: -- YOUR PLACE TO
CHANGE THE DIRECTION THAT'S WHAT YOU DO
YOU'RE A PROSECUTOR. YOU DECIDE WHO TO CHARGE AND WHO
NOT TO CHARGE. >> BASED ON WHAT'S BROUGHT TO
ME >> Reporter: AND WHAT
INVESTIGATORS BROUGHT TO HER BEFORE THE SECOND TRIAL WAS GOOD
EVIDENCE, SHE SAID >> THERE WAS EVIDENCE THAT I
THOUGHT, "WOW, HAD I HAD THIS IN THE FIRST TRIAL, THERE MAY NOT
HAVE EVEN BEEN A TRIAL MAYBE IT WOULD'VE BEEN A PLEA.
I DON'T KNOW." BUT --
>> Reporter: WHAT WAS THE EVIDENCE -
>> I DID - >> Reporter: YOU'RE TALKING
ABOUT THAT MADE IT SO MUCH BETTER
>> THERE WAS BETSY'S BLOOD ON THE TOWEL IN THE BATHROOM THAT
WAS NEVER TESTED THERE WAS BLOOD ON THE BOTTOM OF
RUSS'S FEET THAT WAS NEVER TESTED
>> Reporter: MIND YOU, IT TURNED OUT TO BE A TRACE AMOUNT OF
RUSS'S BLOOD NOT BETSY'S.
SO WHY WAS IT EVIDENCE AT ALL? WELL, WE WONDERED.
YOU CAN'T USE THAT AS -- AS AN ARGUMENT THAT HE SOMEHOW WAS
WALKING AROUND IN HER BLOOD IF THERE'S NO EVIDENCE THAT
SUGGESTS THAT IT WAS HER BLOOD >> YOU COULD SWAB THE BOTTOMS OF
MY FEET, AND I GUARANTEE YOU'RE NOT --
THEY'RE NOT GONNA TEST POSITIVE FOR BLOOD.
SO JUST BECAUSE THERE'S NOT A LARGE ENOUGH SAMPLE TO SAY WHOSE
BLOOD IT IS, THE FACT THAT THERE'S BLOOD ON THE BOTTOMS OF
HIS FEET IS -- IT -- IT'S NOT -
>> Reporter: IS -- IS -- >> -- NORMAL
>> Reporter: IS -- IS -- [ LAUGHTER ]
>> IT'S NOT A NORMAL SITUATION
>> Reporter: BUT IT'S NOT EVIDENCE UNLESS YOU CAN SHOW
THAT IT'S BETSY'S BLOOD. >> WELL, THAT'S NOT TRUE
I MEAN, ANYTHING -- ANY REPORT THAT YOU SEND OFF AND ANY RESULT
THAT YOU GET - >> Reporter: IS SPECULATION --
>> -- CAN -- >> Reporter: -- THEN
>> WHETHER OR NOT THERE'S BLOOD ON THE BOTTOMS OF YOUR FEET --
>> Reporter: LOOK, I'VE PROBABLY GOT SOME BLOOD ON THE BOTTOM OF
MY FOOT RIGHT NOW. >> WELL, I -- THAT'S -
>> Reporter: YOU KNOW, IF YOU TESTED MY FOOT RIGHT NOW, YOU'D
PROBABLY FIND A COUPLE OF ALLELES OF BLOOD
BUT THAT WOULDN'T MEAN I KILLED SOMEBODY
>> NO, I THINK IT WOULD BE ANOTHER BRICK IN THE LAYER OF --
OF BRICKS. >> Reporter: BRICKS OF EVIDENCE,
THAT IS. ONE OF THE BIGGEST OF WHICH
TURNED UP JUST DAYS BEFORE THE TRIAL.
IT WAS A LETTER, FOUND ON BETSY'S LAPTOP, ADDRESSED TO PAM
BUT NEVER SENT WHAT DID IT SAY?
>> "I'M SCARED TO GO HOME. I'M SCARED OF RUSS
HE STARTED PUTTING A PILLOW OVER MY FACE SAYING, 'THIS IS WHAT IT
FEELS LIKE WHEN YOU DIE. I WANNA GIVE YOU THE INSURANCE
MONEY. >> Reporter: PAM HAD MENTIONED
THIS LETTER TO DETECTIVES JUST AFTER BETSY'S MURDER
>> SHE WAS AT TENNIS LAST WEEK, AND SHE SAID SHE TYPED ME AN
EMAIL. MAYBE IF YOU GUYS CAN FIND THAT
LETTER SHE WAS GOING TO SEND ME? >> Reporter: IT LOOKED BAD FOR
RUSS FOR A MINUTE
UNTIL THE DEFENSE CALLED A COMPUTER EXPERT WHO CONCLUDED
THE LETTER WAS WRITTEN ON A DIFFERENT COMPUTER AND THEN
TRANSFERRED ONTO BETSY'S COMPUTER THE DAY BEFORE PAM
BECAME THE BENEFICIARY OF BETSY'S INSURANCE.
>> MISS HUPP KNEW WHAT COMPUTER IT WAS IN, WHERE IN THE COMPUTER
IT WAS, AS WELL AS WHEN IT WAS CREATED.
>> Reporter: IT HAD TO BE PART OF PAM'S PLAN TO FRAME RUSS,
SAID SCHWARTZ. AND ONE MORE DISCOVERY
REMEMBER HOW DETECTIVES SAID THEIR CAMERA MALFUNCTIONED WHEN
THEY TRIED TO CAPTURE THE LUMINOL EVIDENCE SHOWING RUSS
CLEANED UP BLOOD WELL, WHAT DO YOU KNOW
NOT LONG BEFORE THE SECOND TRIAL, A DELIVERY SHOWED UP AT
SCHWARTZ'S OFFICE. >> WE GOT A CD THAT HAD
132 PHOTOS, NOT 1 OF WHICH DIDN'T DEVELOP
>> Reporter: AND NOT ONE OF WHICH SUPPORTED THE STATE'S
CASE >> WHICH IS WHY WE DIDN'T SEE
THEM IN THE FIRST TRIAL. >> Reporter: BUT THEY CERTAINLY
SHOWED UP IN THE SECOND TRIAL. WHICH, BY THE WAY, WAS BY JUDGE
ALONE, NO JURY AND NO PAM EITHER.
NEITHER SIDE CALLED HER TO TESTIFY.
BUT SCHWARTZ WAS ABLE TO PRESENT EVIDENCE TO ESTABLISH PAM AS AN
ALTERNATE SUSPECT. WHEN THE TIME CAME FOR THE JUDGE
TO MAKE HIS DECISION - >> I'M SURE I WAS HOLDING MY
BREATH, AND, YOU KNOW, JUST STANDING AS STRAIGHT AS I COULD.
AND IT SEEMED LIKE AN ETERNITY >> Reporter: AND THEN THE JUDGE
SAID - >> "I FIND YOU NOT GUILTY.
LIKE, A HEAVY WEIGHT LIFTED OFF MY SHOULDERS
>> Reporter: THE JUDGE CONDEMNED THE INVESTIGATION AS "RATHER
DISTURBING," SAID IT, "RAISED MORE QUESTIONS THAN ANSWERS.
DOES THE POSSIBILITY EVER OCCUR TO YOU THAT YOU HAVE FALLEN
HOOK, LINE, AND SINKER FOR EVERY DODGE AND EVERY RUSE THAT PAM
HAS PUT OUT THERE TO TRY TO MAKE IT LOOK LIKE RUSS COMMITTED THAT
MURDER AND NOT HER THAT MAYBE IT'S YOU WHO ARE THE
DUPE AND, YOU KNOW - >> I'VE BEEN DUPED--
>> Reporter: -- NOT US >> -- BEFORE, OVER THE LAST
DECADE SO YEAH, I -- IT WOULDN'T
SURPRISE ME AT ALL TO THINK THAT I'D BEEN DUPED
ALL I CAN TELL YOU IS I CAN ONLY BASE MY DECISIONS OFF OF MY
TRAINING, MY EXPERIENCE, MY EDUCATION, AND MY MORAL COMPASS.
>> Reporter: SHORTLY AFTER RUSS WAS ACQUITTED, BETSY'S DAUGHTERS
WERE BACK IN COURT FIGHTING PAM FOR THE PROCEEDS OF THEIR
MOTHER'S LIFE INSURANCE. AND ON THE STAND, PAM WAS VERY
PAM. >> WHAT'D I JUST SAY
I HAD A SACK OF CASH AM I NOT CLEAR
WHAT WHOA, WHOA, WHOA, WHOA
>> WHAT WAS YOUR ANSWER? >> WHOA, WHOA, WHOA, WHOA.
WHOA WHOA WHOA. >> WHAT WAS YOUR ANSWER?
>> IT WAS VERY BIZARRE IT -- SHE -- THEY HAD HER GET ON
THE STAND, AND SHE'S JUST WAIVING HER ARMS LIKE -- AND THE JUDGE
IS LETTING HER DO ALL THAT >> Reporter: BUT IN THE END,
MARIAH AND HER SISTER LOST THEIR CASE
THE DOCUMENTATION SUPPORTED PAM. THERE IT WAS
>> YEP. >> HAD TO BE DISAPPOINTING
>> YEAH, I WONDER HOW THE JUDGE FEELS NOW.
>> Reporter: GOOD QUESTION PAM WAS ALL SMILES AS SHE LEFT
THE COURTHOUSE AND WALKED PAST OUR CAMERA AND SAID --
>> SAY HI TO CATHY >> Reporter: "SAY HI TO CATHY"
CATHY HAPPENED TO BE OUR "DATELINE" PRODUCER.
WE THOUGHT PERHAPS THAT WAS THE LAST WE'D SEE OR HEAR FROM PAM
BUT NO IT CERTAINLY WAS NOT
ANOTHER MURDER WAS COMING. >>> COMING UP --
>> HEY, HELLO, THERE'S SOMEONE BREAKING INTO MY HOUSE
HELP >> PAM HUPP REPORTS AN INTRUDER!
>> HE WAS POUNDING ON THE DOOR AND ONCE IT FLEW OPEN, THAT'S
WHEN I SHOT HIM. AND I JUST KEPT SHOOTING HIM
>>> 911, WHERE'S YOUR EMERGENCY? >> Reporter: IT WAS AUGUST 2016,
O'FALLON, MISSOURI >> HEY
HELLO. THERE'S SOMEONE BREAKING IN MY
HOUSE. HELP
>> WHAT'S THE ADDRESS YOU'RE AT?
>> SHOULD WE DO TO YOU WHAT WE DID TO YOUR WIFE
>> NO. I'M NOT GETTING IN THE CAR WITH
YOU. NO
GET AWAY >> WHAT IS YOUR ADDRESS?
>> Reporter: THE WOMAN ON THE PHONE WAS PAM HUPP
AND MOMENTS LATER, THE MAN YOU HEARD BRIEFLY IN THE BACKGROUND
WAS DEAD >> DOING OKAY?
>> MM-HMM. >> Reporter: AND IN SHORT ORDER,
PAM WAS SITTING WITH POLICE, TRYING TO EXPLAIN THAT SHE HAD
NO CHOICE. THAT MAN, WHOEVER HE WAS,
ATTACKED HER WHILE SHE SAT IN HER OWN CAR IN HER OWN DRIVEWAY.
AND OBVIOUSLY HE'D BEEN BROUGHT HERE TO KILL HER
>> I THINK I WAS LIKE, "WHO ARE YOU?
GET OUT OF MY CAR. BLAH, BLAH, BLAH
AND HE GOES, "YOU'RE GOING TO THE BANK, AND WE'RE GETTING
RUSS'S MONEY." >> Reporter: RUSS'S MONEY?
THAT'S WHEN THE MAN PULLED OUT THE KNIFE, SHE SAID, HELD IT TO
HER THROAT KEPT YELLING
SOMEHOW, SAID PAM, SHE WAS ABLE TO KNOCK THE KNIFE OUT OF THE
MAN'S HAND AND THEN SHE JUMPED OUT OF HER
CAR AND RAN INTO HER HOUSE, THE MAN IN HOT PURSUIT
>> I RAN IN THE BEDROOM, TURNED AROUND, AND GOT MY GUN
AND I STAND RIGHT THERE. AND HE WAS POUNDING ON THE DOOR.
AND ONCE IT FLEW OPEN, THAT'S WHEN I SHOT HIM.
AND I JUST KEPT SHOOTING HIM >> HOW MANY TIMES WOULD YOU SAY
PULLED THE TRIGGER >> I UNLOADED THE WHOLE GUN.
>> Reporter: CLEAR AS DAY, YOU CAN HEAR THE GUNSHOTS ON THE
911 TAPE AS PAM KILLED THE GUY AS PAM TOLD THAT STORY, THE
UNIDENTIFIED MAN WAS LYING DEAD IN HER HOUSE
"BUT WHO BROUGHT HIM THERE," THEY ASKED
>> WHAT WAS THE MOST DISTINCTIVE THING ABOUT THE DRIVER THAT YOU
REMEMBER >> DARK HAIR, WAS KIND OF LIKE A
BUZZ CUT AND DARK SKIN.
>> Reporter: WHICH SOUNDED A LOT LIKE RUSS FARIA.
LT. BRIAN HILKE OF THE O'FALLON PD TOOK A GOOD LOOK AT
THE CRIME SCENE. >> IMMEDIATELY UPON ENTERING
THROUGH THE GARAGE, THERE'S A GARAGE DOOR THAT LEADS INTO THE
HOUSE. THAT'S WHERE -
>> Reporter: OKAY. >> -- THE GENTLEMAN WAS THAT HAD
BEEN SHOT, LAYING RIGHT THERE. >> Reporter: THE MAN HAD NO
IDENTIFICATION ON HIM. BUT THERE WAS A NOTE IN HIS
POCKET IT SAID "GET HUP IN CAR.
TAKE TO BANK." >> THE NOTE SPECIFICALLY SAID,
"GET RUSS'S MONEY. >> Reporter: "SHOULD BE 100 TO
150,000. TAKE HUP BACK TO HOUSE."
>> "AND THEN DISPOSE OF HER. >> Reporter: "MAKE IT LOOK LIKE
RUSS WIFE. MAKE SURE NIFE IS STICKING OUT
OF NECK. ALSO IN THE MAN'S POCKET
9 $100 BILLS HAD PAM HUPP, ON THAT STEAMY
SUBURBAN AFTERNOON, FOILED A CRUDE, HOMICIDAL PLOT BY
RUSS FARIA, AN ATTEMPT TO GET BACK BETSY'S INSURANCE MONEY AND
THEN KILL PAM? COPS REACHED OUT TO RUSS
IT WAS A DIFFERENT POLICE FORCE THIS TIME.
DID THEY ASK YOU SOME POINTED QUESTIONS?
>> THEY DID. >> Reporter: HE GAVE HANDWRITING
SAMPLES, DNA, FINGERPRINTS >> MR. FARIA WAS VERY
COOPERATIVE. HE GAVE US A STATEMENT
WE WERE ABLE TO ESTABLISH AND CONFIRM HIS ALIBI.
>> Reporter: THEY THANKED RUSS AND LET HIM GO
INVESTIGATORS WHO'D BEEN SEARCHING PAM'S HOUSE FOUND SOME
CASH IN HER BEDROOM, INCLUDING A $100 BILL LINKED BY SERIAL
NUMBERS TO SOME OF THE CASH IN THE DEAD MAN'S POCKET.
AS IF SOMEBODY WENT TO THE BANK, GOT A WHOLE BUNCH OF $100 BILLS,
AND THEY WERE ALL IN SEQUENCE. >> YES
>> THE CHANCES OF THAT HAPPENING IN A VACUUM, IF YOU WILL, ARE --
>> ASTRONOMICAL. >> RIGHT, ASTRONOMICAL
>> Reporter: BUT THE URGENT QUESTION -- WHO WAS THE GUY PAM
SHOT TO DEATH? SINCE THERE WAS NO I.D. ON HIM,
THEY SENT HIS PRINTS OUT FOR A DATABASE COMPARISON AND
DISCOVERED THAT HIS NAME WAS LOUIS GUMPENBERGER
HE WAS 33 YEARS OLD, LIVED WITH HIS MOTHER IN AN APARTMENT
COMPLEX 13 MILES FROM PAM'S HOUSE.
>> THE SUSPECT HAD BEEN IN A AUTOMOBILE ACCIDENT.
HAD A TRAUMATIC BRAIN INJURY THIS PERSON WAS INCAPABLE OF
FUNCTIONING AT A LEVEL TO DO WHAT WAS BEING PURPORTED THAT HE
HAD DONE >> NOT ONLY DID HE NOT HAVE THE
MENTAL CAPACITY TO PERFORM A RANSOM KIDNAPPING,
MURDER-FOR-HIRE, BUT HE WAS ALSO PHYSICALLY UNABLE TO DO EVEN
BASIC THINGS SUCH AS RUNNING >> Reporter: NO WAY PAM'S STORY
COULD BE TRUE. BUT HOW DID THESE TWO COME INTO
CONTACT? HOW DID LOUIS WIND UP AT PAM
HUPP'S HOUSE A SCHEME LOW AND CRUEL, IT
TURNED OUT AND SO DEVIOUS IT CAUGHT US
COMPLETELY OFF GUARD >>> COMING UP --
>> CHRONICLE OF A DEATH FORETOLD
>> I BELIEVE YOU SEE HIM IN THE PASSENGER SEAT GOING TO HIS
DEATH. HE'S A GHOST-LIKE FIGURE IN THE
PASSENGER SEAT OF HER VEHICLE BEFORE HE BECOMES AN ACTUAL
GHOST. >> Reporter: MURDER
INVESTIGATIONS ARE SO OFTEN ACHINGLY SLOW.
CAN TAKE MONTHS. YEARS.
BUT NOT AFTER THE SHOOTING AT PAM HUPP'S HOUSE
THAT WAS DIFFERENT TIM LOHMAR IS THE ST. CHARLES
COUNTY PROSECUTING ATTORNEY. >> EACH AND EVERY DAY, A NEW
LEAD DEVELOPED >> Reporter: THIS IS GOING VERY
QUICKLY. >> VERY QUICKLY.
>> Reporter: AND VERY EARLY ON -
>> WE RECEIVED A CALL FROM ST. CHARLES COUNTY POLICE THAT
THEY HAD SOME VERY IMPORTANT AND VALUABLE INFORMATION FOR US.
>> Reporter: OH, YES, THEY CERTAINLY DID.
SIX DAYS BEFORE LOUIS WAS SHOT, THEY GOT A CALL FROM THIS WOMAN.
>> HI, YES MY NAME IS CAROL
>> Reporter: HER NAME IS CAROL McAFEE
AND HER STORY IS JUST ONE MORE THING YOU COULDN'T MAKE UP
SO, OF COURSE, THEY BROUGHT CAROL IN
>> CAROL, IF YOU WANT TO HAVE A SEAT RIGHT THERE
>> Reporter: IT HAPPENED RIGHT OUTSIDE HER HOUSE, SHE SAID.
SHE WAS WITH HER DOG, AND THIS WOMAN PULLED UP IN AN SUV.
AND THIS WAS BIZARRE >> SHE'S LIKE, "WELL, I'M FROM
'DATELINE.'" >> Reporter: THE WOMAN ALSO
CLAIMED TO BE FROM CHICAGO, SAID CAROL.
AND THEN LATER, SHE ADDED, THE WOMAN SAID HER NAME WAS CATHY.
JUST LIKE THE PRODUCER OF THIS VERY STORY
SHE'S LIKE, "I'D LIKE TO OFFER YOU THE OPPORTUNITY TO RECORD A
SOUNDBITE FOR 'DATELINE' FOR $1,000 CASH.
NO TAXES, SO THERE'S NO PAPER TRAIL TO UNCLE SAM."
I SAID, "REALLY? SHE SAYS, "YEAH.
>> Reporter: JUST AN ASIDE, BY THE WAY.
WE DON'T PAY FOR SOUNDBITES OR INTERVIEWS
WE JUST DON'T. CAROL SAID SHE FIGURED THAT.
AND WHILE SHE'S NATURALLY A SKEPTICAL PERSON, SHE TOLD US
SHE WAS ALSO CURIOUS SO SHE AGREED.
GOT IN THE CAR AND THEN THE WOMAN STARTED
DRIVING IN A DIRECTION THAT JUST DIDN'T SEEM RIGHT.
>> AND THAT'S WHEN I WAS LIKE, "OKAY, I PROBABLY OUGHTA GET OUT
OF THIS CAR. >> Reporter: SO THEY RETURNED.
SHE HOPPED OUT AND TOLD THE WOMAN, "SORRY, COUNT ME OUT.
CAROL GAVE THE POLICE A DESCRIPTION.
>> SHE WAS SHORT, CHUNKY THE LOOK ON HER FACE -- SHE
WAS -- SHE HAD A PERMANENT, LIKE, GRIN- SMILE.
LIKE, IT WAS JUST WEIRD. >> Reporter: SMIRK
>> YEAH. >> Reporter: AND WHEN DETECTIVES
SHOWED CAROL A PHOTO LINEUP, SHE WAS CONFIDENT.
>> OKAY, YEAH, THAT'S HER. >> Reporter: FASCINATING TALE.
EXCEPT, AS YOU MAY HAVE NOTICED, CAROL HAD CAMERAS ON HER HOUSE
AND ONE OF THEM GOT A GOOD LOOK AT THE WOMAN'S LICENSE PLATE
PAM HUPP'S LICENSE PLATE NOW THEY WERE GETTING SOMEWHERE.
IT WAS PRETTY OBVIOUS PAM WAS USING OUR IDENTITY TO TROLL FOR
A VICTIM SHE MUST HAVE USED THE VERY SAME
RUSE TO PICK UP THE VULNERABLE LOUIS GUMPENBERGER
BUT TO PROVE THAT WAS GOING TO TAKE MORE THAN SPECULATION
SO DET. McCLAIN SUBMITTED AN EMERGENCY SEARCH WARRANT TO
GOOGLE, REQUESTING A LOCATION HISTORY FOR PAM'S PHONE.
>> AND I GET THE DATA, AND I PULL IT INTO GOOGLE EARTH TO
PLOT IT. >> Reporter: AND UP POPPED
DOZENS OF TINY PINS. >> I CAN SEE WHEN SHE LEFT THE
HOUSE. I CAN SEE EVERYWHERE SHE WENT.
AND AS I SCROLL IN AND SCROLL IN, I STOPPED.
THERE'S A PIN ON HIS APARTMENT COMPLEX.
>> Reporter: WOW THERE'S YOUR PROOF
>> Reporter: CLEAR EVIDENCE THAT PAM'S PHONE WAS AT
LOUIS GUMPENBERGER'S APARTMENT MEANING PAM HERSELF MUST HAVE
BEEN THERE, TOO. BUT THEY HAD TO KNOW FOR SURE.
>> WE JUST FLOODED THE ENTIRE ROUTE FOR ANY POSSIBLE CAMERA
FOOTAGE. AND IF GOOGLE SAID SHE WAS
THERE, AND THERE WAS A CAMERA, SHE WAS THERE.
>> Reporter: BUT ONE PARTICULAR BIT TOLD THE TALE.
A CAMERA ON A BAKERY ON THE ROUTE FROM LOUIS'S APARTMENT TO
PAM'S HOUSE. >> AND THEY HAD VIDEO.
IT'S VERY GRAINY IT'S TOUGH TO SEE.
>> Reporter: BUT THERE, IN PAM'S CAR, WAS LOUIS GUMPENBERGER.
AT LEAST IT SURE LOOKED LIKE IT TO THEM.
>> I BELIEVE YOU SEE HIM IN THE PASSENGER SEAT GOING TO HIS
DEATH. IT'S EERIE
HE'S A GHOST-LIKE FIGURE IN THE PASSENGER SEAT OF HER VEHICLE
BEFORE HE BECOMES AN ACTUAL GHOST.
>> Reporter: WITH ALL THAT EVIDENCE -
>> I THINK IT'S TIME TO TAKE HER INTO CUSTODY
>> Reporter: A WEEK AFTER PAM SHOT LOUIS GUMPENBERGER TO
DEATH, THEY SLAPPED ON THE CUFFS, PUT HER IN THEIR CAR, AND
TOLD HER SHE WAS UNDER ARREST FOR MURDER
>> WHEN WE WERE EXPLAINING TO HER WHAT WAS TRANSPIRING, THAT,
"YOU'RE BEING ARRESTED FOR MURDER -- WE HAVE A MOUNTAIN OF
EVIDENCE, AND YOU'RE NOT GETTING AWAY WITH THIS," HER ONLY
STATEMENT TO ME WAS, "I'M A LITTLE COLD.
COULD YOU TURN DOWN THE AC?" >> Reporter: SO COLD, SAID
PROSECUTOR LOHMAR, PAM CAREFULLY, DELIBERATELY STALKED,
LIED TO, AND THEN KILLED LOUIS GUMPENBERGER, ALL TO
IMPLICATE RUSS >> I THINK THE WHOLE POINT WAS
TO POINT THE FINGER BACK AT HIM. TO SHOW THAT, "HEY, I'M RIGHT
AFTER ALL. I HAD NOTHING TO DO WITH THAT
CASE AND LOOK HOW BAD HE WANTS ME TO
GO DOWN FOR IT BAD ENOUGH TO HIRE SOMEBODY TO
KILL ME. THAT'S WHAT IT WAS ALL ABOUT
>> Reporter: RIGHT AFTER DETECTIVES ARRESTED PAM, THEY
SAT DOWN TO BEGIN THEIR FORMAL INTERVIEW WITH HER
AND SHE QUICKLY ASKED FOR HER LAWYER
>> I'D LIKE HIM TO BE CALLED NOW.
>> Reporter: BUT THEN SHE DID SOMETHING COMPLETELY UNEXPECTED.
AFTER THE DETECTIVES LEFT THE ROOM TO MAKE ARRANGEMENTS, PAM
SPOTTED A PEN BEHIND HER WATER BOTTLE
THEN REACHED FOR THE BOTTLE, PULLED IT WITH THE PEN, PALMED
IT, TUCKED IT INTO HER PANTS, AND ASKED TO GO TO THE BATHROOM.
>> PAM PAM!
>> Reporter: IT WAS A MOMENT
BEFORE THEY REALIZED SHE WAS STABBING HERSELF
>> YOU NEVER WANT ANYONE TO DIE ON YOUR WATCH.
AND ESPECIALLY KNOWING THAT THERE'S A PRESS CONFERENCE IN
ABOUT 30 MINUTES, I REALLY DIDN'T WANT TO LEAD INTO THE
PRESS CONFERENCE WITH, "OH, AND BY THE WAY, PAM HUPP KILLED
HERSELF. >> Reporter: INDEED.
OH, INDEED >>> COMING UP --
PAM IN THE SLAMMER WILL IT HUMBLE HER
>> SHE TRIED TO PUT INMATES AGAINST EACH OTHER
SHE WOULD SAY, "DID YOU HEAR WHAT SO-AND-SO SAID ABOUT YOU?
IT WAS LIKE A MIND GAME EVERY DAY FOR HER.
>> Reporter: PAM HUPP DID NOT MANAGE TO KILL HERSELF WITH THE
BIC PEN SHE SNEAKED FROM THAT POLICE INTERVIEW ROOM WHEN SHE
WAS CHARGED WITH MURDER. >> DID SHE REALLY WANT TO KILL
HERSELF? I DON'T THINK SHE DID.
I THINK SHE'S TOO MUCH OF A COWARD FOR THAT.
WE CAME TO FIND OUT LATER THAT THE INJURIES WERE MOSTLY
SUPERFICIAL. >> Reporter: SO PROSECUTOR
LOHMAR PROCEEDED WITH HIS PRESS CONFERENCE ANNOUNCING THE
CHARGES. >> AT THIS TIME I'D LIKE TO
BRIEFLY OUTLINE THE FACTS. >> Reporter: PAM'S FORMER
NEIGHBOR BARBARA WATCHED IN DISBELIEF.
>> I SAID, "WHO WAS THIS PERSON THAT I KNEW?
BECAUSE SHE WASN'T LIKE THAT. WHY WOULD SHE DO SUCH A THING?
>> Reporter: PAM'S INCIDENT WITH THE PEN LANDED HER IN THE
SUICIDE WATCH UNIT OF THE ST. CHARLES COUNTY JAIL.
AND THAT IS WHERE A CORRECTIONS OFFICER, WHO ASKED TO REMAIN
ANONYMOUS, GOT TO KNOW HER >> I REMEMBER JUST SEEING HER
KIND OF A BLANK STARE ON HER FACE, NO CRYING, NO REMORSE,
JUST KIND OF COLD. >> Reporter: THAT IS COLD AT
FIRST, BUT WHEN OTHER INMATES ARRIVED --
>> SHE KIND OF ACTED AS THOUGH SHE WAS IN CHARGE.
SHE OFTEN TRIED TO PUT INMATES AGAINST EACH OTHER
SHE WOULD SAY, "DID YOU HEAR WHAT SO-AND-SO SAID ABOUT YOU
EARLIER? AND IT -- IT WASN'T TRUE
BUT SHE WAS ALWAYS TRYING TO STIR THE POT
>> Reporter: TO WHAT END >> SHE KIND OF LIVED FOR THAT.
IT WAS LIKE A MIND GAME EVERY DAY FOR HER WITH THE OFFICERS
AND THE INMATES. >> Reporter: THIS OFFICER
WATCHED OVER PAM'S UNIT FOR THREE YEARS.
GOT TO KNOW HER PRETTY WELL. >> A MASTER MANIPULATOR, VERY
NARCISSISTIC, AND JUST COLD. THERE WAS NO SIGN OF EMPATHY OR
ANYTHING FOR HER FAMILY OR OTHER INMATES.
>> Reporter: PROSECUTOR TIM LOHMAR DECIDED TO SEEK THE
DEATH PENALTY IN PAM'S CASE. HER TRIAL WAS BOTH HIGHLY
ANTICIPATED AND DELAYED. DELAYED AND DELAYED.
WHICH GAVE PAM PLENTY OF TIME TO THINK ABOUT THINGS
SO WHEN THE PROSECUTOR DANGLED A POSSIBLE DEAL, PAM CALLED HER
HUSBAND MARK TO TALK IT OVER ALL CALLS ARE RECORDED OF
COURSE >> HELLO
>> HEY
WHAT ARE YOU DOING >> Reporter: PAM TOLD MARK SHE
WAS CONVINCED SHE COULDN'T GET A FAIR TRIAL
THERE WAS JUST TOO MUCH OUT THERE ABOUT HER.
>> I HAVE BEEN DEALING WITH THAT FOR YEARS IN PAPERS CONSTANTLY
AND MAGAZINES, "DATELINE." AND GO OUT AND PICK A JURY AND
THEY'RE ALREADY GOING, "YEAH, THIS PSYCHO.
YOU KNOW THAT. I WOULD PROBABLY THINK THAT.
>> Reporter: THOUGH SHE SAID SHE SHOT LOUIS GUMPENBERGER IN SELF
DEFENSE, SHE WAS THINKING MAYBE SHE SHOULD TAKE THAT DEAL.
MARK WASN'T SO SURE. >> I'M KIND OF IN A NO-WIN
SITUATION. YOU KNOW
>> WELL I DON'T KNOW HOW IT'S NOT A WIN SITUATION IF YOU DID
WHAT YOU DID FOR THE RIGHT REASONS.
>> RIGHT AND I DID.
>> SO -- I DON'T KNOW -- I DON'T KNOW HOW YOU CAN BE HELD
ACCOUNTABLE FOR THAT THEN. IF IT WAS ME, I WOULD NOT ADMIT
TO SOMETHING I DIDN'T DO >> Reporter: AND IN THE END SHE
DIDN'T ADMIT TO ANYTHING SHE TOOK WHAT THEY CALL AN
"ALFORD" PLEA. MEANING, SHE AGREED TO PLEAD
GUILTY BECAUSE THE STATE HAD ENOUGH EVIDENCE TO CONVICT HER,
BUT NOT BECAUSE SHE ADMITTED TO IT
ISN'T THAT KIND OF A HALF-HEARTED VICTORY
>> IT LEAVES A BAD TASTE IN SOME PEOPLE'S MOUTH, SURE
I -- I WOULD LOVE TO HAVE HER STAND UP THERE AND EXPLAIN IN
GREAT DETAIL WHAT SHE WAS DOING AND WHY SHE DID IT AND HOW SHE
FEELS ABOUT IT NOW >> Reporter: BUT PROSECUTOR
LOHMAR HAD COME TO BELIEVE PAM WOULD NEVER DO THAT.
AND WITH THE EXTRAORDINARY COST OF A DEATH PENALTY CASE, LOHMAR
REASONED THAT SAVING THE MONEY, AND PUTTING PAM AWAY FOR LIFE
ANYWAY, MADE SENSE RUSS AND HIS COUSIN MARY WERE IN
THE COURTROOM TO WITNESS THE PLEA AND THEY BARELY RECOGNIZED
PAM. >> THE BEST DESCRIPTION OF HER
OF THAT I COULD COME UP WITH WAS THE OLD HAG THAT GAVE SNOW WHITE
THE APPLE, SHE LOOKS A BIT LIKE THAT NOW
>> SHE STILL HAD THAT GRIN ON HER FACE
SHE STILL HAD THAT ARROGANCE ABOUT HER.
>> Reporter: TWO MONTHS LATER, THE JUDGE GAVE HER THE MANDATORY
SENTENCE FOR MURDER. LIFE IN PRISON WITHOUT THE
POSSIBILITY OF PAROLE. PLUS 30 YEARS FOR ARMED CRIMINAL
ACTION >> THE SAME CHARGES THAT I GOT
CHARGED WITH I ALWAYS WANTED HER TO GET THE
SAME SENTENCE THAT I DID >> Reporter: AROUND TOWN, THE
BLAME WASN'T PUT ONLY ON PAM PEOPLE WONDERED.
DO YOU THINK THAT HAD LINCOLN COUNTY DONE AN ADEQUATE JOB THAT
LOUIS GUMPENBERGER WOULD STILL BE ALIVE TODAY
>> I THINK THAT'S A -- GOES WITHOUT SAYING
>> EASY. >> EASY ANSWER.
>> HMM DO THEY HAVE BLOOD ON THEIR
HANDS? >> SAME EASY ANSWER.
OF COURSE. >> Reporter: WHAT WOULD
LEAH ASKEY HAVE TO SAY ABOUT THAT
>> Reporter: COMING UP - WE'RE ABOUT TO FIND OUT.
THERE ARE SOME PEOPLE WHO SAY THAT LOUIS GUMPENBERGER WOULD BE
ALIVE TODAY HAD YOU CONCENTRATED ON PAM HUPP AND NOT ON
RUSS FARIA >> Reporter: LOUIS GUMPENBERGER
WAS PURELY COLLATERAL DAMAGE IN PAM'S SCHEME
SO, DID THAT FINALLY CHANGE LEAH ASKEY'S MIND ABOUT
PAM HUPP >> NO.
IT MADE ME THINK, "THAT'S A TERRIBLE TRAGEDY
AND SHE OBVIOUSLY LOST HER MARBLES.
LIKE, SHE SNAPPED. SHE'S DEFINITELY GONE OFF THE
DEEP END." >> Reporter: I THINK THAT
PROBABLY A LOTTA PEOPLE WOULD AGREE THAT THERE'S -
[ LAUGHTER ] -- SOME STUFF ABOUT PAM WHICH IS
NOT ENTIRELY NORMAL. BUT THE FACT THAT SHE WOULD KILL
THAT PERSON, AND TRY TO FRAME THE MAN WHO WAS ACQUITTED OF THE
MURDER OF HIS WIFE -- THAT MUST'VE MADE YOU CHANGE YOUR
MIND ABOUT THIS CASE >> IT DEFINITELY MADE ME THINK,
YOU KNOW, "WOW SHE'S CAPABLE OF MORE THAN I --
THAN I WOULD'VE GIVEN HER CREDIT FOR.
>> Reporter: THERE ARE SOME PEOPLE WHO EVEN TO THIS DAY SAY
THAT YOU HAVE BLOOD ON YOUR HANDS, THAT LOUIS GUMPENBERGER
WOULD BE ALIVE TODAY HAD YOU CONCENTRATED ON PAM HUPP AND NOT
ON RUSS FARIA. >> I DON'T HAVE ANY CULPABILITY
IN ANYTHING TO DO WITH LOUIS GUMPENBERGER
IT IS A TERRIBLE TRAGEDY BUT I WAS ELECTED TO DO A JOB.
AND I DID MY JOB AND A JURY CONVICTED HIM
ONE HAS NOTHING TO DO WITH THE OTHER.
IT WAS NEVER MY JOB TO SEEK OUT A SUSPECT.
AND SO I COULDN'T HAVE DONE ANYTHING MORE THAN WHAT I DID,
OTHER THAN NOT PROSECUTE, WHICH I WOULD'VE NOT PROSECUTED, HAD I
NOT BELIEVED THAT THE PERSON WE WERE PROSECUTING WAS CORRECT AT
THE TIME >> Reporter: BUT RUSS FARIA,
WHO'D SPENT THREE AND A HALF YEARS BEHIND BARS FOR A MURDER
HE DIDN'T COMMIT, BEGGED TO DISAGREE
>> WE FILED A LAWSUIT THAT THEY TRAMPLED ALL OVER MY HUMAN
RIGHTS >> Reporter: HE SUED
LINCOLN COUNTY AS WELL AS THE THREE MAIN INVESTIGATORS AND
PROSECUTOR LEAH ASKEY. BUT LINCOLN COUNTY AND ASKEY
WERE EVENTUALLY EXCUSED FROM THE LAWSUIT.
>> Reporter: WHY COULDN'T YOU GO AFTER HER?
>> PROSECUTORIAL IMMUNITY, WHICH BASICALLY LETS PROSECUTORS DO
WHATEVER THEY WANT THEY CAN RUIN PEOPLE'S LIVES,
SEND YOU TO PRISON FOR LIFE. >> Reporter: IN THE END IT WAS A
LITTLE LIKE PAM'S PLEA THE INSURANCE COMPANY COVERING
THE DETECTIVES PAID RUSS $2 MILLION DOLLARS, BUT NO ONE
ADMITTED ANY WRONGDOING. >> AT THE END OF THE DAY, THEY
PAID US. SO YOU CAN TAKE FROM THAT WHAT
YOU WILL >> Reporter: IN 2018, THE JUDGE
IN RUSS FARIA'S FIRST TRIAL AND PROSECUTOR LEAH ASKEY WERE BOTH
VOTED OUT OF OFFICE. THE MAN WHO BEAT THE PROSECUTOR
IS MIKE WOOD HE WON IN A LANDSLIDE.
DURING HIS CAMPAIGN HE POSTED VIDEOS LIKE THIS ONE, PROMISING
TO REOPEN THE BETSY FARIA MURDER CASE
>> CERTAINLY WE WANT TO SEEK JUSTICE.
WE WANT ANSWERS FOR THE FAMILY AND THAT'S MY JOB TO TRY TO SEEK
THOSE. >> Reporter: THE GUMPENBERGER
CASE, WITH PAM'S APPARENT AIM TO FRAME RUSS AGAIN, PROVIDED THE
PROSECUTOR WITH SOME AMMUNITION. >> IF YOU'RE WILLING TO STAGE A
KILLING OF SOMEONE IN ORDER TO ATTEMPT TO DEFLECT OR COVER UP
ISSUES THAT WERE IN A NEIGHBORING COUNTY, OUGHT TO
LEAD YOU TO BELIEVE THAT IF YOU'RE WILLING TO KILL SOMEBODY
HERE, POTENTIALLY YOU'RE WILLING TO KILL SOMEBODY SOMEWHERE ELSE.
>> Reporter: A REASONABLE ASSUMPTION, PERHAPS.
SUBJECT TO INVESTIGATION BUT SOME BELIEVE THERE COULD BE
A THIRD VICTIM >> IT IS PAM HUPP WHO WAS THE
LAST ONE WITH HER. WE KNOW -- WE KNOW WHAT SHE'S
CAPABLE OF >> Reporter: JOEL SCHWARTZ WAS
TALKING ABOUT PAM'S OWN MOTHER, SHIRLEY NEUMANN.
HALLOWEEN DAY, 2013, SHIRLEY WAS FOUND DEAD ON THE GROUND BELOW
HER THIRD FLOOR UNIT AT A SENIOR LIVING FACILITY IN SUBURBAN
ST. LOUIS. IT APPEARED SHE MIGHT HAVE
TRIPPED AND FALLEN THROUGH THE RAILINGS ON HER BALCONY.
ODDLY ENOUGH, 16 MONTHS EARLIER, WHEN PAM WAS TALKING TO THE LEAD
DETECTIVE BUILDING A MURDER CASE AGAINST RUSS FARIA, SHE SAID
BETSY'S $150,000 OF LIFE INSURANCE WAS TOO PALTRY TO BE
ANY KIND OF MOTIVE FOR MURDER FOR HER.
>> IF I REALLY -- HATE TO SAY IT -- WANTED MONEY, MY MOM'S
WORTH A HALF A MILLION THAT I GET WHEN SHE DIES.
IF I REALLY WANTED MONEY, THERE WAS AN EASIER WAY THAN TRYING TO
COMBAT SOMEBODY THAT'S PHYSICALLY STRONGER THAN ME.
I'M JUST SAYING. >> Reporter: "MY MOM'S WORTH
HALF A MILLION"? PAM WAS THE LAST KNOWN PERSON
WITH HER MOM, AND AS SHE LEFT THE RETIREMENT HOME, SHE TOLD
THE STAFF HER MOM WOULD NOT BE COMING DOWN FOR DINNER, OR
BREAKFAST IN THE MORNING THEY FOUND SHIRLEY'S BODY THE
NEXT AFTERNOON OF COURSE, THE POLICE CAME
THEY TOOK PICTURES THERE WAS AN AUTOPSY
BUT IT WAS RULED AN ACCIDENT 3 YEARS LATER IN 2016, WE DID
SOME POKING AROUND AND, THIS WAS CURIOUS, THAT
AUTOPSY REVEALED THAT SHIRLEY HAD ABOUT 14 TIMES THE
RECOMMENDED DOSE FOR A WOMAN HER AGE OF AMBIEN OR ITS EQUIVALENT
IN HER SYSTEM. >> SO WE HAVE SIX SPINDLES
>> Reporter: WHAT'S MORE, WE TALKED TO A STRUCTURAL ENGINEER
NAMED JUSTIN HALL, WHO SAID IT WAS IMPOSSIBLE FOR A PERSON TO
HAVE FALLEN AND BROKEN THROUGH THE RAILING LIKE THAT.
AND AFTER PERFORMING HIS OWN DEMONSTRATION, HALL FIGURED IT
WOULD TAKE AT LEAST 2000 POUNDS OF FORCE TO BEND OR BREAK THE
SPINDLES OF THE RAILING. COULD THAT POSSIBLY HAVE BEEN AN
ACCIDENT >> NO.
>> Reporter: NO WAY? >> NO WAY.
THAT'S WHAT WE'VE PROVEN RIGHT HERE
>> Reporter: PAM HAS DENIED SHE HAD ANYTHING TO DO WITH HER
MOTHER'S DEATH THE ESTATE WAS DIVIDED AMONG PAM
AND HER SIBLINGS AND SHE RECEIVED ABOUT $120,000,
NOT THE HALF MILLION SHE BOASTED SHE'D GET.
>> AT THIS POINT NOW, SHE'S BEEN AROUND A MINIMUM OF THREE PEOPLE
WHO DIED SUSPICIOUSLY, AND SHE'S BEEN THE LAST PERSON WITH THEM
>> Reporter: BUT ANOTHER SHOE WAS ABOUT TO DROP --
A RE-OPENED INVESTIGATION WAS CLOSING IN ON PAM.
>>> COMING UP -- A DRAMATIC NEW DEVELOPMENT IN
THE CASE OF BETSY FARIA. AND THEN, OUTRAGE FROM
PROSECUTOR ASKEY - >> Reporter: WHAT WERE YOU
THINKING AS YOU WATCHED IT >> I WAS THINKING I'VE BEEN
>> Reporter: NEARLY A DECADE HAD PASSED SINCE BETSY FARIA'S
BRUTAL MURDER, AND YET THERE WAS STILL NO JUSTICE
THAT IS UNTIL THE NEWLY ELECTED PROSECUTOR MIKE WOOD, WHO'D MADE
A PROMISE TO REINVESTIGATE, FOLLOWED THROUGH
AND IN JULY 2021, HE HELD A BIG PRESS CONFERENCE.
FINALLY -- >> I'M PLEASED TO ANNOUNCE THAT
WE HAVE SOME SIGNIFICANT INFORMATION TO GIVE IN THE
INVESTIGATION INTO THE DEATH OF BETSY FARIA.
>> Reporter: SIGNIFICANT INDEED. RUSS WAS THERE AND COUSIN MARY.
JOEL SCHWARTZ, TOO EAGER TO HEAR THE NEWS
>> WE HAVE FILED MURDER CHARGES IN THE FIRST DEGREE AGAINST
PAMELA HUPP IN THE STABBING DEATH OF BETSY FARIA
>> Reporter: THERE IT WAS: PAM HUPP CHARGED WITH MURDERING
HER GOOD FRIEND BETSY. PROSECUTOR WOOD SAID MOST OF THE
FACTS WERE AVAILABLE ALL ALONG, AND MAKE A STRONG CIRCUMSTANTIAL
CASE >> PAMELA HUPP WAS THE LAST
PERSON TO SEE BETSY ALIVE. CELL PHONE RECORDS INDICATE THAT
SHE WAS AT OR NEAR THE HOME AT THE TIME OF THE DEATH.
SHE LIED ABOUT THE WHEREABOUTS. SHE LIED ABOUT THE DETAILS AND
LASTLY, SHE MURDERED AN INNOCENT MAN IN COLD BLOOD TO PREVENT
HERSELF FROM BEING CONSIDERED A SUSPECT.
>> Reporter: BUT THE CHARGE AGAINST PAM HUPP WASN'T THE ONLY
REVELATION TO COME OUT OF THE PRESS CONFERENCE
PROSECUTOR WOOD ALSO REVIEWED THE INITIAL INVESTIGATION, AND
HE SAID THIS - >> THIS IS ONE OF THE POOREST
EXAMPLES OF INVESTIGATIVE WORK THAT I AS WELL AS MY TEAM HAVE
EVER ENCOUNTERED. DRIVEN LARGELY BY EGO WORKING
TOWARD AN AGENDA RATHER THAN TRUTH.
>> Reporter: AND SO, SAID WOOD, HE'D LAUNCH AN INVESTIGATION
INTO POSSIBLE PROSECUTORIAL AND POLICE MISCONDUCT.
NOT JUST FOR MISTAKES, HE SAID. WORSE THAN THAT --
>> INFORMATION CAME TO MY ATTENTION FROM THREE SEPARATE
AND INDEPENDENT SOURCES THAT WITNESSES WERE ASKED TO LIE ON
THE STAND BY THE PROSECUTOR IN THAT CASE.
>> Reporter: THOSE WITNESSES WHO CAME FORWARD ARE LAW ENFORCEMENT
WHO WORKED ON THE INVESTIGATION. >> THEY BELIEVED THAT THE
PROSECUTOR WAS ASKING THEM TO TESTIFY A CERTAIN WAY IN ORDER
TO SUPPORT THEORIES THAT THE STATE HAD THAT INVESTIGATORS DID
NOT BELIEVE CONFORMED WITH THE FACTS OF THEIR FINDINGS.
SO LET ME UNDERSTAND, LEAH ASKEY, HER INVOLVEMENT
WOULD BE DIRECTING THE INVESTIGATION TOWARDS THE
ALLEGED GUILT OF RUSS FARIA, AND AWAY FROM PAM HUPP
>> ABSOLUTELY. I COULD SAY THAT 100%.
>> Reporter: LEAH ASKEY, THE EX-PROSECUTOR, DID NOT ATTEND
HER SUCCESSOR'S PRESS CONFERENCE IN PERSON, BUT SHE CERTAINLY SAW
IT WHAT WERE YOU THINKING AS YOU
WATCHED IT >> I WAS THINKING I'VE BEEN
DUPED. >> Reporter: BY?
>> BY MIKE WOOD. >> Reporter: NO POSSIBILITY
ANYTHING HE WAS SAYING WAS TRUE? >> ABSOLUTELY NO POSSIBILITY
THAT ANYTHING HE WAS SAYING WITH REGARD TO ME WAS TRUE.
>> Reporter: DID YOU ASK ANYONE TO LIE
>> ABSOLUTELY NOT. NOT ON THIS CASE, NOT ON ANY
CASE. I WOULDN'T AND I HAVEN'T
>> Reporter: AND THE ALLEGATION THAT THE INVESTIGATION AND
PROSECUTION WERE BOTCHED >> BLATANTLY, NOT TRUE
>> Reporter: ALL POLITICS? >> POLITICS AND LACK OF
INTEGRITY IS WHAT I WOULD SAY. >> Reporter: YOU STILL BELIEVE
HE'S GUILTY, DON'T YOU >> I HAVE NEVER BEEN PRESENTED
WITH ANY INFORMATION THAT SUGGESTS THAT SOMEONE ELSE
COMMITTED THIS CRIME. I MEAN, I JUST HAVEN'T
>> Reporter: SO THERE IT WAS. THE ONE-TIME PROSECUTOR HAS NOT
CHANGED HER MIND BUT ABOUT ONE THING IN
PARTICULAR, SHE HAS. IT'S THE THING THAT CANNOT
CHANGE >> IF ONLY I HAD NEVER RUN FOR
PROSECUTING ATTORNEY, LIFE WOULD BE VERY DIFFERENT TODAY.
THE EXPERIENCE IN GENERAL HAS BEEN TAXING.
IT'S BEEN -- IT'S BEEN DIFFICULT FOR -- FOR ME, FOR MY FAMILY
>> Reporter: BUT LIFE GOES ON. SHE REMARRIED, GOES BY LEAH
CHANEY NOW, AND OPENED HER OWN LAW PRACTICE.
AND -- >> BUSINESS IS GREAT.
I ALWAYS BELIEVE GOD HAS US RIGHT WHERE WE'RE SUPPOSED TO
BE, AND THIS IS WHERE I'M SUPPOSED TO BE.
AND I'M THANKFUL THAT IT'S WORKED OUT THIS WAY.
>> Reporter: SOME OF BETSY'S FAMILY FEEL MISLED -- THEY
BELIEVED WHAT ASKEY AND THE DETECTIVES TOLD THEM, AND FOR
YEARS BETSY'S MOTHER JANET REMAINED CONVINCED: RUSS KILLED
HER DAUGHTER BUT AFTER PAM HUPP WAS CHARGED,
JOEL SCHWARTZ RECEIVED A PHONE CALL FROM JANET.
>> SHE WAS CRYING. AND SHE MADE ME PROMISE TO TELL
RUSS FARIA THAT SHE WAS SORRY. AND SHE USED EXPLETIVES FOR MISS
ASKEY AS WELL AS RYAN MCCARRICK. AND SHE COULDN'T BELIEVE THAT
THEY CONVINCED HER AND BRAINWASHED HER INTO THE FACT
THAT RUSS FARIA, HER SON-IN-LAW, WHO SHE DID LOVE, HAD COMMITTED
THIS HORRIFIC CRIME. >> Reporter: BY THE WAY, WE
TRIED TO CONTACT DETECTIVE RYAN MCCARRICK BUT HE DID NOT
RESPOND. BETSY'S DAUGHTER MARIAH, WHO AS
A TEENAGER GAVE IN TO PRESSURE, SHE SAID, TO TESTIFY AGAINST
RUSS TWICE, IS HOPING THE REAL KILLER
WILL FINALLY BE BROUGHT TO JUSTICE.
DO YOU THINK YOU'LL WANT TO ATTEND THAT TRIAL?
>> I'M GOING TO FOR MY MOM >> Reporter: MARIAH IS A MOM OF
TWO. SINCE WE INTERVIEWED HER, SHE
GAVE BIRTH TO A DAUGHTER, NAMED HER ELIZABETH KAY AFTER HER
MOTHER. THEY'RE CALLING HER LIBBY.
IF YOU COULD SPEAK TO PAM HUPP RIGHT NOW, DO YOU KNOW WHAT YOU
WOULD SAY TO HER >> I'D -- I DON'T KNOW WHAT I'D
SAY TO HER, BUT I KNOW WHAT I'D SAY TO LINCOLN COUNTY.
>> Reporter: WHICH IS WHAT >> WELL, PAM HUPP MIGHT'VE TOOK
MY MOM, BUT LINCOLN COUNTY TOOK MY DAD AWAY FROM ME AND RUINED
OUR RELATIONSHIP >> Reporter: THAT HURTS, DOESN'T
IT >> YEAH.
I WAS -- I WAS A DADDY'S GIRL, AND MY SISTER WAS A MOMMY'S
GIRL. SO, IT'S BEEN HARD
>> Reporter: DO YOU THINK THERE'S A CHANCE THAT THIS CAN
BE REPAIRED? >> I HOPE ONE DAY.
I THINK HE -- HE FEELS BETRAYED, WHICH I DON'T BLAME HIM.
BUT A LOT OF IT WAS OUT OF MY CONTROL.
>> Reporter: YOU STILL FEEL PRETTY BETRAYED BY THEM, HUH
>> SOME CUTS GO VERY DEEP, YES. I MEAN, I RAISED THEM FROM A
VERY YOUNG AGE, SO IT WAS REALLY DISHEARTENING TO SEE AND HEAR
THE THINGS THAT THEY SAID AND DID.
AND YOU KNOW, IT STILL HURTS SOMETIMES.
>> Reporter: LAST SUMMER A SHACKLED AND NOW DIVORCED
PAM HUPP WAS LED INTO THE LINCOLN COUNTY JUSTICE CENTER.
AND INSIDE THE COURTROOM SAT IN THE APPOINTED PLACE.
>> WE'RE ON THE RECORD AND WE'LL CALL THE CASE OF STATE OF
MISSOURI VS. PAMELA HUPP >> Reporter: THE JUDGE READ THE
CHARGE, MURDER IN THE FIRST DEGREE
HER NOT GUILTY PLEA WAS ENTERED, THOUGH SHE HERSELF SAID NOT A
WORD THE STATE IS SEEKING THE DEATH
PENALTY. >> A CASE THIS GRUESOME AND THIS
HEINOUS WAS AS BAD AS IT COULD POSSIBLY GET, AND THAT THE
PENALTY ASSOCIATED WITH SOMETHING THAT HORRIBLE NEEDED
TO -- TO JUSTIFY THAT. >> Reporter: OH, AND BY THE WAY,
PROSECUTOR WOOD'S NEW INVESTIGATION HAS RECENTLY BEEN
EXPANDED TO INCLUDE THE DEATH OF PAM HUPP'S MOTHER.
THERE'S NO TRIAL DATE YET IN BETSY'S CASE, BUT RUSS IS WELL,
LET HIM SAY IT >> I AM EXCITED TO TAKE THE
STAND AND PUT THE TRUTH OUT THERE IN OPEN COURT AND DO MY
PART TO HELP PUNISH THOSE RESPONSIBLE FOR WHAT HAD
HAPPENED >> Reporter: THESE DAYS RUSS
WORKS AT A MOTORCYCLE SHOP, LIVES A QUIET AND MODEST LIFE.
>> I NEVER THOUGHT THAT MY LIFE WOULD BE INTERESTING ENOUGH TO
MAKE A MOVIE, LET ALONE A MINISERIES ABOUT
>> Reporter: YET IT WAS IN NBC'S LIMITED SERIES STARRING
RENEE ZELLWEGER. AND ONE MORE THING RUSS DIDN'T
EXPECT REMEMBER CAROL, THE WOMAN PAM
HUPP TRIED TO LURE INTO HER CAR. HOW DID YOU TWO MEET
>> WELL, THAT KINDA GOES BACK TO THE PERSON WE'VE ALL BEEN
TALKING ABOUT, PAM HUPP. >> Reporter: CAROL JUST SO
HAPPENED TO LIVE ACROSS THE STREET FROM ONE OF RUSS'S GAME
NIGHT FRIENDS. AND AFTER LOUIS GUMPENBERGER'S
MURDER, POLICE WERE OVER AT CAROL'S HOUSE.
>> MY FRIEND INFORMED ME WHY THAT POLICE DETAIL WAS THERE,
AND SO I KNEW THAT THIS PERSON WAS INVOLVED IN THE CASE.
AND EVENTUALLY MY FRIEND INTRODUCED US.
>> AND WE LITERALLY HUNG OUT EVERY DAY FOR ABOUT TWO YEARS
AFTER THAT, BEFORE WE STARTED DATING.
>> Reporter: DO YOU TWO HAVE NEWS TO SHARE?
>> OH, A LITTLE BIT. BACK IN OCTOBER, YEAH, WE KINDA
GOT ENGAGED. >> Reporter: BUT THE TWO ARE IN
NO RUSH BECAUSE -- >> HE HAS UNFINISHED BUSINESS
THAT HE HAS TO TAKE CARE OF, FOR HIMSELF.
AND I'LL STAND BESIDE HIM, AS I ALWAYS HAVE, THROUGH THAT.
>> Reporter: THAT UNFINISHED BUSINESS, OF COURSE, IS
CONVICTING THE PERSON RESPONSIBLE FOR KILLING BETSY.
ALL THIS TIME, RUSS HAS KEPT A SMALL URN, SOME OF BETSY'S
ASHES. SO IN A WAY, SHE'LL STILL BE
WITH HIM >> BECAUSE THIS IS ALL ABOUT
HER. IT'S NOT ABOUT ME, IT'S NOT
ABOUT PAM HUPP, IT'S NOT ABOUT CROOKED POLICE.
IT'S ABOUT GETTING JUSTICE FOR HER.
>> Reporter: AT LONG LAST, GETTING JUSTICE FOR BETSY.
>>> THAT'S ALL FOR THIS EDITION OF "DATELINE."
WE'LL SEE YOU AGAIN NEXT FRIDAY AT 9:00/8:00 CENTRAL AND OF
COURSE, I'LL SEE YOU EACH WEEKNIGHT FOR NOOEK "NIGHTLY
NEWS." TH