tv Dateline NBC NBC January 22, 2016 9:00pm-11:00pm EST
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`` you're sitting there and ``you're thinking, i'm going be ``sick." ``i knew without a doubt he didn't ``do this. ``and if we didn't fight, he could ``be sitting in there for ``30 years. ``>> a story with four years of ``twists -- ``>> after "dateline" aired we had ``so many people step forward. ``>> -- takes a wild, hairpin ``turn. ``it all began the night he ``discovered his wife dead. ``>> cops found blood on his ``slippers, and said he failed a
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``a man cannot be in two places at ``the same time. ``>> a high-profile trial. ``a speedy verdict. ``>> i was stunned. ``>> so why is this case getting ``an almost-unprecedented second ``look? ``>> it's incredibly rare. ``this? ``>> did she say, "i have a ``>> she did. ``>> from tales of a secret ``>> she revealed that she and ``betsy had had an intimate ``relationship. ``>> -- to a tell-tale clue, ``hidden on a hard drive. ``>> it is a smoking gun. ``>> it's finally time for the ``truth. ``>> that's a scary moment. ``>> it was a horrible moment. ``>> i'm lester holt, and this is ``"dateline." ``here's keith morrison with
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``of themselves as they campaigned ``he loved her too much more that, ``they said. ``and anyway, he was with us, they ``said. ``he could never have done those ``dreadful things, they said. ``here on that frigid night in the ``house on sumac drive, when the ``woman inside stopped feeling the ``cold, or anything else. ``when the husband returned from ``what he'd later say was his ``9:40pm, december 27th, 2011. ``>> what is the location of your ``emergency? ``[ crying ] ``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. ``>> reporter: the man was ``hysterical. ``a real emotion, most who heard ``it had come to believe.
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``>> god. ``>> what is her name? ``>> her name is betsy. ``>> betsy? ``>> yes. ``>> reporter: betsy faria. ``and the crying you can hear is ``her husband, russell. ``>> oh, my god. ``>> russell -- she -- do you ``right now? ``>> i think she's dead. ``>> okay. ``>> oh, my god. ``she's gone. ``>> reporter: betsy faria was ``dead and gone at 42. ``and yet early death for betsy, ``as you will hear, was not a ``surprise. ``that had been preordained, sad ``to say. ``no, it was how it happened, why ``it happened, and all that's ``happened since in a small town ``near st. louis, missouri. ``was russell faria innocent, as ``his friends and family and army ``of supporters insisted? ``or guilty as sin, as both the ``state and betsy's family were so
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``and then just months ago, a ``fresh investigation revealed ``startling new allegations of ``sex, secrets, and lies, and ``astonishing recovered memories. ``as you'll see tonight, the ``search for justice is a winding ``road, full of jarring potholes, ``unexpected detours. ``but first you need to know about ``betsy faria. ``she was one of four girls in her ``family. ``mary rodgers and julie swaney ``were older sisters. ``>> betsy was the most outgoing ``and the most social. ``>> reporter: kinda gregarious, ``right? ``>> gregarious is a great word ``for her. ``very colorful, very lively. ``she was an individual. ``you couldn't tell her no. ``she did what she wanted to do. ``and she started deejaying at the ``age of -- i think she was 18, ``maybe even younger than that. ``>> reporter: wow. ``>> and she could start up a ``party. ``>> she was in her element when
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``she could get anybody on the ``dance floor, whether they wanted ``to or not. ``>> reporter: betsy was a single ``mother of two daughters, leah ``and mariah, when she met russ, ``and he seemed just about perfect ``for her. ``funny, outgoing, big heart, said ``russ's cousin, mary anderson. ``>> he's a happy person. ``he was a jokester. ``>> reporter: yeah. ``>> you -- you never seen him ``without him laughing. ``>> reporter: and, said russ, she ``was the perfect woman for him. ``>> she encouraged me to go back ``to school and get my degree, ``which led to a better job, more ``money, things like that. ``>> reporter: yeah. ``>> which i probably wouldn't ``have done had she not come ``along. ``>> reporter: when russ met ``betsy, her daughters were very ``young, mariah still a tiny girl. ``you know. ``and -- and leah, you know, ``bonded with me as well. ``>> reporter: betsy and russ got ``married in january 2000. ``and, like many couples, they had ``good times and then less good ``for more than a year, they ``actually lived apart. ``>> we argued a lot. ``you know, it's always darkest
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``>> reporter: and then betsy told ``him she'd found a church that ``meant a lot to her. ``maybe he'd like to come. ``>> the first week we went there, ``they were starting a series on ``marriage. ``it was kind of -- kind of like ``an omen. ``>> reporter: and that, said ``russ, is when their marriage got ``better again. ``>> you know, we kinda re-fell in ``love with one another. ``>> reporter: but life will have ``its way with a person -- like it ``or not. ``betsy found out she had breast ``cancer. ``>> christmas of 2009, she told ``us that she thought she had it ``and it was diagnosed in january ``2010. ``that's when she had her ``mastectomy. ``>> we went through a lot of -- ``lot of crying, lot of heartache, ``and just lot of hard time. ``but you know we kept our faith ``and we kept praying. ``>> and she handled it with such ``grace. ``she just amazed the -- the ``millions of people that she ``knows. ``she was involved in tennis. ``she just continued playing
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``you'd never know she was going ``through chemo. ``>> reporter: and maybe that ``helped her beat it. ``in the winter of 2011, betsy's ``doctor told her the cancer was ``in remission. ``so she and russ decided to ``celebrate. ``they organized a caribbean ``cruise, invited their friends ``and family to come along. ``and then -- ``>> she thinks i'm free and clear ``and then this bomb just dropped ``on her. ``>> reporter: the cancer was ``back, had spread to her liver. ``>> it was inoperable. ``it was too far in her liver that ``they couldn't take it out. ``>> reporter: she had, with luck, ``three to five years, perhaps ``less. ``so what did russ and betsy do? ``they went on that cruise anyway. ``took their whole gang with them. ``betsy got to swim with the ``dolphins -- a dream she'd had ``for years. ``>> just seeing how happy she was ``made me happy. ``>> she told everybody that this ``was a second honeymoon for them. ``she said it was the best thing
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``they had the best sex that they ``could ever have while they were ``on this cruise. ``>> reporter: but then a few ``weeks later, betsy was dead. ``but it certainly wasn't the ``cancer that killed her. ``>> how did betsy die? ``the answer to that wasn't clear ``at all. ``her husband, who called 911, had ``one idea. ``>> my wife killed herself! ``>> reporter: but investigators ``had another. ``>> it's not typical for someone ``who's going to commit suicide to r even "turkey jerks." t[turkey] gobble. r (burke) covered marcht fourth,2014. talk to farmers. we've seenr
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`` i just got home from a ``friend's house and -- and my ``wife -- my wife. ``>> before all the events which ``have so recently upended our ``story, was russ faria's ``hysterical call to 911 the night ``of december 27th, 2011, in which ``he uttered four little words ``that were going to become very ``important indeed. ``>> my wife killed herself. ``>> reporter: my wife killed ``herself. ``>> ok. ``russell, i need you to calm ``down, honey. ``ok? ``i need you to calm down and take
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``we're going to get somebody on ``the way there, okay? ``>> reporter: there was the town ``of troy, about an hour from st. ``louis. ``between his sobs, russ told the ``operator he'd returned home from ``a night out with friends to find ``his wife, betsy, dead on the ``living room floor. ``and, he said, it looked like ``she'd committed suicide. ``>> what, what did she do? ``do you know? ``>> she's got a knife in her ``neck. ``and she sliced her arms. ``>> reporter: now, much later, ``russ told us something clicked ``when he saw her lying there. ``>> well, she had talked about it ``years before and actually tried ``it once or twice. ``>> and when you came in, what do ``you -- ``>> i saw slashes on her arms, ``you know, and that was the first ``thing that just registered in my ``mind. ``>> reporter: early next morning, ``betsy's mother, janet meyer, got ``a knock on the door. ``officers standing there on her ``doorstep. ``>> one of them just looked right ``at me and said, "betsy's dead." ``and i said, "well, how could she ``be dead?" ``she was just here last night. ``>> officers also went to betsy's
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``>> they said it was a possible ``suicide. ``you know, i looked at her and ``gave her this look like, i don't ``think that sounds right. ``>> reporter: thing is by the ``time police offered that suicide ``suggestion to betsy's fm, they ``already knew the death of betsy ``faria was no suicide. ``not even possible. ``first responders could tell ``right away -- and the medical ``body had been pierced many, many ``times -- including wounds most ``likely inflicted after she was ``hardly surprising then, that ``police might be casting around ``for suspects. ``or, that russ, the husband, the ``man who supposedly discovered ``do. ``but that night, at the sheriff's ``department, getting him to focus ``was not an easy thing. ``it sucks. ``>> but i think you're the only ``one that can help us with this ``right now. ``>> i don't know what to do.
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``had a job to do, find betsy's ``killer and they thought it might ``be russ, who was incredibly ``emotional. ``was he acting? ``was this florid grief, actually ``real? ``whatever it was, russ seemed to ``be sticking with the suicide ``story. ``>> what do you think happened to ``betsy? ``>> it looked like she killed ``herself. ``>> reporter: but did he really ``not know about all those other ``stab wounds? ``and something else -- betsy's ``body was cold and stiff when ``those first responders arrived, ``rigor mortis had already set in, ``the blood was drying. ``had been dead for sometime when ``russ called 911. ``so detectives zeroed in on betsy ``and russ's movements. ``>> tell me about your night. ``>> reporter: russ said betsy had ``a chemo appointment that ``afternoon, planned to go to her ``mom's house afterwards, and then ``russ would drive her home.
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``arrangement. ``but, when he called betsy ``sometime after 5pm. ``>> 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. ``and she said she had something ``to talk to me about. ``and i said, well, is it good or ``bad? ``and she said, well, it's good. ``don't worry. ``and i said, okay, well, i'll see ``you at home later and i love ``you. ``and that was the last time i ``talked to her. ``>> after that, said russ, he ran ``some errands, and then, at six ``as he almost always did tuesday ``evenings, he arrived at a ``friend's house, where a small ``group gathered for what they ``called their "game night." ``>> we go over there on tuesday ``nights and usually we play ``games. ``>> reporter: but that particular
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``couple of movies. ``and so we decided to watch ``movies instead. ``>> he left at 9:00. ``he said stopped for a couple of ``sandwiches at a local arby's ``drive-through, then drove the ``30 minutes back to his house in ``troy, which would have put him ``there about 9:40pm. ``unlocked front door, all ``unsuspecting and then -- ``>> i was taking my jacket off ``and calling for betsy. ``and then i seen her there on the ``floor. ``>> will you ever forget what ``that was like, coming into the ``house and seeing that? ``>> i see it every time i close ``my eyes. ``>> i fell down there by her and ``i looked and i saw cuts on her ``arm and then i saw a knife in ``>> and that, said russ, is all ``he saw -- so it looked to him ``like she'd done it herself, ``deliberately. ``it's not a suicide, you don't ``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 ``to do it by the way that she ``done it. ``and that's -- that's what
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``it also made russ the prime ``suspect. `` coming up, russ and betsy's ``relationship. ``they'd recently enjoyed that ``romantic cruise, but a friend of ``betsy's tells police things ``sunny. ``>> he'd start playing this game ``of putting a pillow over her ``face. ``this is what it's going to feel ``like when you die and then act ``like he was kidding. ``>> when "dateline" continues. v r why have your glassest fit manually, t when there's the` lenscrafters accufit system. r replacing basic handheldt
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``russ faria found his wife dead, ``the police took him in for a ``long night of questions and a ``polygraph test the following ``afternoon. ``though, said russ, when he saw ``the machine -- ``>> honestly, i don't even know ``if the thing was on or not. ``>> reporter: but after it? ``they told him he failed it ``miserably, so he must have done ``it, they said. ``time for him to confess. ``>> the fact of the matter is you ``stabbed betsy. ``>> no, i did not. ``i wasn't even there. ``>> russ, you were there. ``>> no, i found her like that ``when i came home. ``>> reporter: russ denied it ``again and again. ``>> i did not do this. ``>> reporter: but investigators ``didn't buy it and much of the ``reason for that is they were
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``they both worked in the ``insurance industry and she had a ``lot of things to say about russ, ``including what sounded like a ``big fat motive -- money. ``>> he makes comments about how ``much money he'll have after ``she's gone. ``i've never seen their ``financials, but he has life ``insurance on her at work. ``she has life insurance. ``>> reporter: pam told ``investigators she had been with ``betsy the day she died. ``betsy told her about a proposal ``she was going to make to russ -- ``that the two of them move into ``her relative's house, while they ``rented out their home in troy. ``they'd all save money that way ``and she'd be closer to friends
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``but pam claimed betsy was ``concerned about how russ would ``react to that idea. ``>> and she goes, "okay. ``well, i'll tell him, but i'm ``telling you right now, he's ``going to get very angry." ``>> why? ``why? ``>> she said, "he's tired of ``moving. ``he is staying in his house and ``that's it." ``>> so she had already approached ``him with the idea? ``>> she was going to approach ``him -- ``>> okay. ``>> -- when he came home. ``>> reporter: could that have set ``russ off? ``investigators asked him about ``that. ``>> she never mentioned that to ``me. ``>> well, that was the news that ``she wanted to share with you ``when you got home. ``>> i never got a chance to hear ``it. ``the first time i heard about it ``was when you told me. ``>> reporter: investigators ``didn't believe that. ``especially when they heard the ``bombshell pam laid on them, a ``disturbing game pam said russ ``played with betsy. ``>> 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 like ``when you die or whatever and ``then act like he was kidding. ``>> uh-huh. ``>> she was very upset. ``>> did she sound scared? ``>> oh, yeah. ``>> reporter: so they took that ``accusation to russ, too. ``>> i never did that. ``>> why would her friends tell
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``that and that she was scared? ``>> she had no reason to be ``scared of me. ``she's never been scared of me. ``>> reporter: but it wasn't just ``the pam hupp story that made ``russ a key suspect. ``oh, no. ``though betsy was killed in her ``living room, crime scene ``investigators found her blood on ``a light switch in the bedroom. ``and on a pair of russ's ``slippers, stashed in a bedroom ``closet. ``>> the fact of the matter is, ``it's a sloppy crime scene. ``there's blood on your clothes, ``in your residence, in your ``bedroom. ``>> i didn't even go to my ``bedroom. ``>> reporter: then they ``confronted russ with the ``horrifying fact that betsy had ``been stabbed over and over ``again, many, many times. ``>> your wife was stabbed over ``25 times, russ. ``>> oh, my god. ``no. ``>> over 25 times. ``they're still counting. ``>> oh, my god. ``>> a burglar doesn't do that, ``russ. ``a stranger doesn't do that. ``somebody who loves that person ``does that. ``somebody who goes into a blind ``rage does that. ``>> reporter: there was only one ``option, said the investigators. ``russ was going to have to come ``clean and confess. ``>> there's no one else that has ``any kind of motive, monetary or
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``>> i can't tell you what i don't ``know. ``i don't know. ``>> and i says, you know, i can't ``confess to something i didn't do ``and i can't give you details for ``something that i wasn't present ``for. ``>> there was never a focus on ``anybody else. ``>> reporter: it was the day ``after the murder that russ's ``cousin mary heard that betsy was ``dead, and that russ was being ``questioned. ``and that didn't make sense to ``her. ``she'd seen betsy and russ just a ``few days earlier. ``everything seemed fine then. ``>> betsy was laughing and happy. ``she was even saving him a spot ``on the couch. ``she's like, here, babe, you can ``sit next to me. ``>> reporter: mary was so sure ``russ would not, could not, have ``killed betsy, she set out to ``defend him any way she could. ``but by the time investigators ``released russ, 48 hours after he ``was first brought in for ``questioning, the story was all ``over the local media. ``>> and boy this case has really ``been taking a lot of turns ``today. ``>> that was hard. ``i mean, they showed my picture ``on the news and -- ``>> reporter: they said you were
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``>> yeah. ``that's what it appeared. ``and while i was watching it, my ``family came in and turned it ``off. ``they said, you don't need to ``watch that. ``>> reporter: some friends began ``to wonder if they'd ever really ``known russ at all. ``his famous jokester humor and ``pranks didn't seem so funny now. ``more like immature, crude, ``boorish. ``these church friends, sondra and ``marty mcclanahan, had spent a ``lot of time with betsy and russ. ``>> many people would describe ``him as a pig. ``just the things he would say. ``not respectful. ``and he would do that to ``everybody, but he's doing it to ``his wife, too. ``>> oh, you know, you wouldn't ``understand. ``it doesn't matter. ``you're not smart enough. ``you don't, like, say that in ``front of a group of people to ``your spouse. ``>> reporter: betsy's ``mother said she'd been close,
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``she also remembered a few things ``that now stuck out like a sore ``thumb. ``husband that if he got into a ``fight to kill. ``>> reporter: and betsy's ``sisters? ``they weren't aware russ ever ``physically hurt betsy, they ``said, but when they thought ``man. ``built-up anger. ``>> reporter: there was the time, ``of the daughters' boyfriends ``with a baseball bat. ``with a baseball bat? ``>> reporter: yeah. ``>> no. ``>> reporter: who told you about ``this? ``>> the girls. ``>> i think they were very scared ``by it. ``>> reporter: so when officers ``told the family about all those ``>> when they said that, i didn't ``have any doubt in my mind. ``i never thought of -- it could ``be anybody else but russ when ``they told me that. ``>> reporter: that's what the ``investigators were thinking, ``too. ``but there were plenty of people ``in town who thought the idea ``that russ faria killed his wife ``was utter hogwash. ``and they said they could prove ``it. `` coming up, what sounds like ``a slam-dunk alibi from russ' ``game night buddies. ``>> we knew that he could not ``have committed this crime. ``>> reporter: impossible?
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`` reporter: in the days after ``betsy faria died, her husband ``russ was without a doubt suspect ``number one. ``but while police accused him of ``murder -- ``>> all of the evidence points to ``you. ``>> reporter: and betsy's family ``painted russ as an angry man, ``others in russ faria's world ``didn't believe a word of it. ``>> they were very happy. ``and they were planning a trip to ``florida and it was going to be ``in march and he was like, well, ``if that's what you want to do, ``you plan it. ``we'll make it happen. ``>> reporter: after betsy's ``death, cousin mary saw russ's ``grief up close. ``>> he was heartbroken. ``and he kept saying how bad it ``hurt because he lost his betsy. ``that was the most ``heart-wrenching thing to see. ``>> reporter: they had a wake for
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``and russ -- ``>> he broke down, just talking ``to her all by himself, just him ``at the casket. ``and he fell to the ground. ``he was a broken man. ``>> it was hard. ``it was very hard, but it was ``really nice to see how many ``people that she touched and that ``came. ``>> reporter: and as for that ``story pam hupp was telling about ``russ putting a pillow over ``betsy's face, saying that's what ``death feels like -- ``>> would russ have done such a ``thing? ``>> no. ``now, would russ pull a cover ``over her head and fart ``underneath it and say something ``like that? ``yes, he would. ``>> because he was a jokester? ``>> that he would do, yes. ``but would he put a pillow over ``her face and do that? ``absolutely not. ``>> they were happy couple. ``>> reporter: one of betsy's many ``good friends was russ's aunt, ``linda hartmann. ``she said russ was the last ``person she'd suspect of killing ``betsy, especially given how ``upset he was about her terminal ``cancer.
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``about losing betsy, you knew how ``much he loved her and he was ``taking it really badly. ``>> reporter: but, said linda, ``the police didn't seem to want ``to hear any of that. ``>> they kept on asking me, you ``been russ?" ``>> reporter: but, of course, ``opinion. ``russ's defenders had something ``much stronger in their corner. ``an alibi. ``remember that game night russ ``said he attended between ``6:00 and 9:00pm the night betsy ``was murdered? ``of game night. ``a few of his friends had been ``coming by tuesday nights for ``years. ``>> essentially, it's a way where ``we can all get together, be ``sociable and not really spend ``any money. ``>> reporter: that particular ``tuesday night, mike said, russ ``and the others watched movies ``together. ``and everyone left at 9:00 p.m. ``as usual. ``and then early the next day mike ``and his girlfriend angie got a ``surprise. ``>> we were up having our morning ``coffee. ``got a knock on the door, which ``is instantly odd, about 6:00 or ``maybe a little before. ``the police more or less invite
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``us a whole lot of questions ``about what happened last night. ``was russell here last night? ``was he drinking anything? ``was he acting strangely? ``>> reporter: thing is, the ``police didn't tell them anything ``beyond the fact that something ``had happened to betsy, said ``mike. ``they just asked a lot of ``questions about their game night ``the night before. ``then, three days later, there ``was another early morning knock ``at the door. ``>> they took angie in one car, ``me in another vehicle with two ``investigators and they ``questioned us separately, or ``interrogated us. ``i'll put it that way. ``>> reporter: the two others at ``mike's house that night were ``also picked up and questioned ``separately. ``they all said the very same ``thing -- russ arrived around ``6:00. ``they watched movies. ``>> and we were all within eight ``feet of each other the whole ``night. ``>> did he act the same as usual? ``>> oh yeah. ``>> and you -- ``>> yeah. ``you know, he dozed off at one ``point. ``i know that. ``i didn't think anything weird of ``this. ``>> reporter: nor was it simply
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``friends. ``russ stopped for gas just after ``5:15pm. ``more videos and receipts when he ``stopped to buy cigarettes, dog ``the way to game night before ``6:00 p.m. ``russ's cell phone pinged in ``those areas, too, and all ``evening -- from 6:00 to ``9:00 p.m. -- near mike's house. ``and the receipt from his trip to ``the arby's drive-thru was ``time-stamped 9:09 p.m. ``the drive back to russ's house ``at arby's, about 35, 40 minutes, ``putting him home just about the ``time he called 911. ``>> once we heard the timeline, ``we knew that he could not have ``committed this crime. ``>> impossible? ``>> it's impossible. ``a man cannot be in two places at ``the same time. ``>> i know how your wife died. ``>> reporter: but detectives not ``persuaded, not at all. ``after all, they had pam hupp's ``story. ``and what they said was russ's ``failed polygraph and her blood
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``was killed that russell faria ``was arrested for the murder of ``his wife. `` coming up, some say ``investigators may have blown it ``by focusing only on russ because ``it's somebody else who got the ``payout from betsy's $150,000 ``life insurance policy. ``>> she got the money? ``>> she got the money. ``>> reporter: when "dateline" ``continues. x nivea in-showerx body lotion. t first i wash... then itapply it to my wet skin. v it moisturizesvwith no sticky feel. vi quickly rinse off.
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r welcome to huntington, r one of money magazine's r best banks in america. r ``>> > reporter: the case against ``russell faria went to trial in ``november 2013, almost two years ``after betsy's murder. ``>> i don't know what to do. ``>> reporter: prosecutors opened ``their case with that frantic ``911 call the night betsy died. ``>> russell -- she -- do you ``think that she's beyond help ``right now? ``>> i think she's dead. ``>> reporter: the state said it ``sounded suspiciously hysterical,
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``betsy's mother said it sounded ``to her like howls of guilt. ``>> yeah, "oh my god, oh my god, ``oh my god, oh my god." ``it's like, "oh, what did i do? ``what did i do?" ``>> well, he loved her, didn't ``he? ``>> uh-huh. ``that's what causes these -- ``these crimes of passion. ``>> reporter: if that wasn't ``suspicious enough, said the ``state, there was also russ's ``clearly bogus suggestion that ``betsy killed herself. ``an obvious lie, they argued. ``after all, as they pointed out, ``the medical examiner discovered ``she had actually been stabbed ``more than 50 times. ``including her daughters, ``testified that russ had a ``temper. ``the friend who drove betsy home ``that night, pam hupp, told the ``jury what she told police, ``essentially that ruc' paaad ``the physical evidence, said the ``state, also proved that russ ``committed the murder -- ``that is, betsy's blood on his ``bedroom light switch. ``even though she was killed in ``the living room.
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``prosecutor, russ's semen was ``found in betsy, showing he had ``sex with her before killing her. ``as the prosecutor put it to the ``jurors, he violates her one more ``time. ``and as for russ's alibi, the ``prosecutor said it only made his ``movements that evening more ``suspicious. ``looked like he went out of his ``way to appear in front of ``cameras at multiple gas stations ``when he could have bought ``everything at one place. ``and his alibi witnesses? ``sounded suspiciously rehearsed, ``said the state. ``betsy's mother didn't think much ``of them either when they ``testified. ``>> they all were saying the ``exact same thing and the exact ``same monotone, ``it was unbelievable. ``>> reporter: and that was in ``essence the state's case against ``russ faria. ``to which defense attorney joel ``schwartz said, are you kidding? ``man got charged with murder. ``and then it sort of snowballed ``from there.
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``said, the surveillance tapes, ``the receipts, the cell tower ``pings, the friends' testimony ``created an alibi as airtight as ``any he'd ever seen. ``but what stood out stark and ``clear to him, said schwartz, was ``that there were also some very ``curious unanswered questions. ``like, for example -- questions ``about pam hupp, who had bad ``mouthed russ to the police and ``the jury. ``pam, said schwartz, had to be ``one of the last people, if not ``the last, to see betsy alive. ``that would have been just after ``7pm. ``within the window of time betsy ``is thought to have died. ``and when schwartz read the ``police reports and listened to ``pam's interviews, ``inconsistencies stood out to ``him, anyway. ``example? ``one report indicated betsy's mom ``said pam told her she didn't go ``into betsy's house when she ``dropped her off that evening. ``but -- ``>> she told the police a ``completely different story. ``she said she went inside for ``10 to 15 minutes. ``>> seems like maybe more between ``10 and 20 minutes? ``>> could be, yeah.
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``i was just trying to get out of ``>> sure. ``>> another one? ``pam said when she left the ``house, betsy was sitting on the ``couch but in another interview, ``which was videotaped, she said ``something different. ``>> she may have still been on ``the couch, but today it makes ``sense that she walked me to the ``door. ``>> reporter: and then there were ``the phone records beginning at ``7:21. ``betsy did not answer phone ``calls, including three from a ``daughter. ``which just a short time earlier, ``she had promised to answer. ``so, was she dead by then? ``six minutes later -- ``>> at 7:27, there's a call from ``pam hupp's cellphone to betsy's ``cellphone. ``>> reporter: that one also went ``unanswered but here's what pam ``told the police about that ``>> i called betsy to tell her i ``was home. ``>> home? ``not possible, said schwartz. pam ``lived a half hour's drive away. ``>> but where actually was she, ``based on the cell tower
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``>> the cell tower triangulation ``showed that she had not gotten ``more than at the very most, ``about three miles from the ``house. ``at the very least, she was still ``at the house. ``>> reporter: but the biggest ``questions to schwartz was about ``insurance. ``it seemed very odd to attorney ``schwartz that just four days ``before the murder someone, ``supposedly betsy, made pam the ``beneficiary of betsy's $150,000 ``life insurance policy. ``>> and she got the money? ``>> she got the money. ``>> reporter: pam told ``investigators she was one of ``betsy's best friends and betsy ``wanted her to get the money to ``make sure her daughters got what ``they needed. ``>> she goes, "would you be my ``beneficiary on my life policies ``and make sure my kids get when ``they need it? ``and i said, "well, i could." ``>> reporter: but to make this ``important change, they went to a
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``librarian, not a notary or any ``insurance company employee, ``witness betsy's signature on the ``change of beneficiary form. ``the whole thing seemed very ``fishy to schwartz. ``>> i believe that betsy was ``conned in some way, shape or ``form into signing this policy ``without believing it would ever ``actually be sent to the ``insurance company, which is why ``she never told anybody, ``including her own mother and her ``own sisters, who she was very ``close with. ``>> reporter: but the lead ``detective told the insurance ``company pam was not a suspect ``and so the company cut her the ``check. ``>> the husband always does it. ``so, of course, this is the guy ``who did it. ``and i think that clouded their ``judgment in their investigation. ``it's the only explanation in my ``eyes to explain what i consider ``to be a horribly deficient ``investigation. ``>> reporter: much later, that ``same lead detective was ``preparing pam to testify at ``russ's trial and warned her the ``defense would certainly bring up ``the issue. ``>> one of the concerns that i
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``you just because you're one of ``the last people to see betsy. ``you get this money given to you. ``>> reporter: after all, said the ``detective, pam did benefit from ``betsy's death to the tune of ``150,000. ``>> they're going to suggest that ``you may have something to do ``with the planning or the ``conspiracy to commit that murder ``because of your financial ``windfall. ``>> reporter: and not only that. ``>> what you're originally ``telling investigators is that ``she wanted you to do this to try ``to take care of -- make sure the ``kids are taken care of because ``they're afraid of russ and she's ``afraid of russ and the kids will ``blow through it. ``and have not turned any of this ``>> that's correct. ``>> that's a huge problem. ``>> reporter: to make it look ``like less of a problem, he said, ``she should set up a trust for ``>> it helps, obviously, if that ``the girls - ``>> it will -- ``>> -- before the trial. ``>> and i told you that at the ``>> sure. ``prepared pam for the key ``question he expected the defense ``to ask. ``>> did you have anything to do
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``>> no, absolutely not. ``>> that's exactly what's going ``to be asked of you. ``>> reporter: in open court, but ``outside the presence of that ``jury, attorney schwartz told the ``judge that, indeed, he did ``intend to ask pam hupp about all ``those things when she took the ``stand. ``but the judge said, no, he would ``not ask about any of that ``because, said the judge, there ``was no direct connection between ``pam and the murder. ``>> in the 25 years i've been ``practicing law, i've never -- 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 ``they've just recently were given ``the victim's insurance under who ``knows what pretenses, the fact ``that they lied about going into ``the house, the fact that they ``lied about where they were when ``they called the victim after
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``i've never seen anything like ``it. ``>> reporter: meanwhile, the case ``quite finished. ``the allegation still to come. ``russ had helpers as he set about ``killing his wife. `` coming up, prosecutors ``detail a mind-boggling plot ``hatched, they say, but russ' ``game night pals, but what will ``the jury think? ``>> i was nervous. ``the rest of my life is on the ``depending on these 12 people. find clear orr 8 out of 10 people saw 75%` r while the majorityr saw 90% clearance. r do not use if you arer allergic to cosentyx. @ before starting, you should`
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of infections @ and lowered ability to fighttthem may occur. ttell your doctort if you have @ an infection or symptoms... r ...such as fever,tsweats, chills, r muscle aches or cough. ror if you have receivedr a vaccine or plan to. @ if you have crohn's disease, r tell your doctor asr symptoms can worsen. tserious allergicr reactions may occur. t see me. vsee me. r see me on my way. r find clear skin andra clearer path forward. tfor a differentr kind of medicine, r ask your dermatologisttabout cosentyx. when cigarette cravings hit, all i can think about is getting relief. only nicorette mini has a patented fast-dissolving formula. `it starts to relieve sudden cravings fast. @i never know when i'll`need relief. @that's why i only choose`nicorette mini. @ are you powered by protein? milk has 8 grams tor help give you energy to unleash your potential. start every day with
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``case that his client was an ``innocent man. ``russ wasn't pretending to be ``grieving when he made that ``911 call, said joel schwartz. ``he was grieving. ``>> it sounded like a man whose ``wife was dead and he was ``grieving tremendously. ``however, he was doing his best ``to answer the questions when ``asked in order to help the ``911 operator and to help the
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``police he thought it was suicide ``because that's what it looked ``like when he walked into the ``house and found her there. ``>> her wrist was slit deeply and ``the knife was in her neck. ``although there was 56 wounds, ``those were the only two visible ``to the naked eye. ``her shirt, her pants covered ``every other stab wound, and ``those weren't visible to see. ``i think the person calling this ``in as a suicide is not somebody ``who committed the crime, but ``somebody who had no idea. ``>> reporter: what's more, said ``schwartz, many of betsy's wounds ``were clearly not the result of ``the wild stabbing you'd see in a ``crime of passion. ``rather they appeared to have ``been methodically and ``deliberately made after betsy ``was dead to make it look like a ``crime of passion. ``>> there's no other explanation ``for the lack of blood and ``there's no other explanation for ``the deep cut on her wrist that's ``post-mortem. ``>> reporter: and the blood ``evidence on russ's slippers? ``>> there was no imprint of a
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``any footprint anywhere on the ``tile floor leading back to where ``the slippers were found. ``>> reporter: so how would the ``blood get on the shoes? ``>> somebody attempted to stage ``this. ``>> reporter: dipped it in the ``blood? ``>> dipped it in the blood and ``hid those back in the closet. ``>> reporter: as for the ``prosecution accusation that russ ``had sex with betsy before ``killing her -- ``>> without getting too graphic, ``there were eight sperm cell ``found inside of her during the ``autopsy the next day. ``>> reporter: totally consistent ``with what russ told the police, ``said schwartz. ``>> we were intimate sunday ``night. ``>> reporter: that is, intimacy ``two days before the murder. ``and besides all of that, said ``the defense, given russ's alibi, ``there is simply no way he could ``have committed the crime. ``but the state wasn't quite ``finished with its case against ``russ faria. ``in her closing argument to the ``jury, prosecutor leah askey ``proposed a complex theory of how ``the crime occurred, a theory for ``which she did not present
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``and it was big. ``russ's alibi, she told the jury, ``was carefully staged for the ``precise intention of hiding a ``murder and that russ's game ``night friends were in deep, ``co-conspirators who helped russ ``hatch the murder plan, waited ``for the right night to carry it ``out, then lied about it on the ``stand. ``an accusation mike corbin wasn't ``in court to hear. ``but later? ``>> i thought it was beyond the ``pale. ``i mean, we're innocent people. ``there is absolutely no evidence ``that we did anything wrong that ``night. ``there never will be because it ``didn't happen. ``>> reporter: and despite what ``the prosecutor argued, neither ``mike corbin nor any of the ``others have ever been charged ``with conspiracy, nor have they ``been connected in any way to ``betsy's murder. ``so, according to the prosecutor, ``how did russ do it? ``without getting a single drop of ``blood on the clothes he wore all
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``afterward. ``here's how, said the prosecutor ``to the jury. ``first, knowing what he intended ``to do, russ ran errands so that ``he would appear in front of ``those surveillance cameras. ``then drove to his friend's house ``and dropped off his cell phone ``so it would ping there all ``evening. ``then he drove the half hour ``home, stripped naked, had sex ``with betsy, stabbed her more ``than 50 times, showered, put on ``his slippers, began to step in ``the blood but caught himself and ``stopped, took those slippers ``off. ``at some point, said prosecutor ``askey, russ went to the kitchen ``to get towels, which he used to ``clean up, and finally he put his ``clothes back on. ``meanwhile, to complete his ``alibi, one of the game night ``buddies drove russ's phone back ``to his house, picking up an ``arby's receipt for him on the ``way. ``only then, said the prosecutor, ``did russ call 911 as he tossed ``his bloody slippers into the ``closet. ``and what did russ think of all
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``>> i thought she was making up ``some kinda cockamamie story. ``here i have four credible ``people, you know, that i was ``with all evening. ``i don't know anybody that would ``lie for anybody when it comes to ``a crime like that, you know. ``i wouldn't, not for my best ``friend, not for my mom. ``>> reporter: the more important ``question, of course, was what ``the jurors would think. ``they deliberated four and a half ``hours before arriving at a ``verdict. ``>> reporter: tell me about going ``back up into the courtroom and ``seeing them come in. ``>> i was nervous. ``the rest of my life is on the ``line. ``and, you know, depending on ``these 12 people, just hoping ``together. ``>> reporter: he had done ``everything he could to appear ``innocent. ``but was he? `` coming up -- ``>> i couldn't really read what ``they were thinking, you know, up ``until they spoke. ``>> the jury delivers its
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``opposite of over. ``in our next hour new witnesses, ``new evidence, and a new account ``>> she remembered seeing a car ``parked in an odd position down ``the street. ``and there were two guys in ``there. ``>> reporter: but first, a ``ruling. ``>> it's incredibly rare, having ``happened only three times ``previously in the state of ``missouri. ``>> reporter: ever? ``>> ever. ``>> when "dateline" continues.
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``corroborated by several friends, ``russ faria is charged with ``murder in the case of his wife. ``again, keith morrison. ``>> reporter: there's quite ``possibly no room, no space, as ``thick with tension as a ``courtroom. ``when a jury, its intentions ``hidden behind masks of ``discretion, prepares to announce ``its verdict. ``russ faria stood and searched ``their faces. ``but -- ``>> i couldn't really read what ``they were thinking. ``up until they spoke. ``>> reporter: betsy's family ``stared and listened. ``>> and when you heard it? ``>> relief. ``>> huge relief. ``>> reporter: relief because the ``verdict was guilty. ``guilty of first-degree murder. ``russ faria struggled to maintain ``his composure.
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``but i was trying my best to hold ``it together because my family's ``behind me and i can hear them ``crying. ``>> the worst part of it was ``looking at russ's face. ``he was in shock. ``he couldn't believe it. ``and i haven't lost sleep in a ``long time over something in ``this business and i lost sleep. ``>> reporter: russ's attorney ``was convinced that a terrible ``injustice had just occurred. ``but betsy's family did not ``agree. ``>> they wanted to blame ``somebody and the police were ``telling them that it was me. ``right, said betsy's mother, all ``had been done. ``no matter what any of russ'sma2&ceiek"t(jjueet)qpconvencido que ``supporters might tell her. ``>> 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 would ``accept? ``100%. ``trial, just before christmas
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``he filed an appeal. ``and sat in his cell, unable to ``do much of anything except ``think. ``>> i can't imagine ever being ``mad enough to do anything like ``that to anybody, let alone my ``wife whom i love. ``i've never stopped loving my ``wife. ``i'm innocent of this. ``i did not kill her. ``>> what's it take to get used to ``the idea of being in here? ``>> a lot of prayer. ``a lot of faith. ``>> faith in what? ``>> faith in god. ``faith in my attorney. ``>> reporter: that, of course, ``was joel schwartz, who told us, ``then that for him the case was ``not over. ``far from it. ``>> i know that russ didn't kill ``betsy. ``and if russ didn't, then a jury ``should hear all the information. ``>> reporter: so schwartz ``submitted the usual paperwork. ``and then he too, was forced to ``wait.
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``>> you never know. ``the response is truthfully how ``long is a piece of string. ``it just depends. ``i'm hoping this is open and ``shut, and we get this thing back ``in court soon. ``this man does not deserve to be ``in prison. ``>> reporter: and so schwartz got ``busy. ``for one thing, he followed the ``money. ``remember betsy's life insurance ``payout to pam hupp? ``pam told detectives the moneye3 f1 ``was for betsy's daughters. ``and in fact -- ``>> mrs. hupp had funded a trust ``in the name of the kids ``approximately five days prior to ``the commencement of trial. ``>> reporter: but isn't this ``interesting? ``>> about 10 days after the trial ``had concluded, the trust was ``defunded over 99.7% of what had ``been placed in there. ``>> wait a minute. ``she funded the trust so that ``during the trial it would look ``like she had given all this ``money to the kids. ``>> that's exactly correct. ``>> reporter: then in july 2014, ``pam was questioned by lawyers ``representing betsy's daughters, ``who are suing her over the ``insurance money and that time ``pam said that the money was ``never intended for betsy's ``daughters. ``betsy wanted her to have the
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``>> did she mention to you that ``she wanted the money to be used ``for her daughters? ``>> absolutely not. ``>> she never said anything like ``>> absolutely not. ``no. ``>> did she tell you that she ``wanted you to get the money and ``to hold it for the benefit of ``her daughters until they were ``older? ``>> absolutely not. ``>> i never doubted that that was ``her motive in the first place. ``so nothing surprised me. ``however, that in and of itself ``is something that the court of ``appeals needed to hear about. ``>> reporter: the question, was ``key evidence from the state's ``star witness a lie? ``so in addition to the usual ``formal appeal, schwartz filed a ``request for a special hearing to ``reconsider and perhaps throw out ``the guilty verdict based on what ``pam said about and did with the ``insurance money. ``>> we thought the likelihood of ``success was very small.
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``be an innocent man sitting in ``prison. ``so i was willing to take any ``shot. ``>> reporter: and what do you ``know? ``in february 2015, his motion was ``approved. ``he would get his hearing. ``>> it's incredibly rare having ``happened only three times ``previously in the state of ``>> ever. ``>> reporter: a few months later, ``a week before that special ``hearing, prosecutor leah askey ``met with pam hupp. ``their conversation was recorded. ``>> so what are our chances of ``making the judge believe us? ``>> reporter: askey replied that ``she was confident. ``>> i feel comfortable the law is ``on our side as far as next week ``goes. ``so i feel real comfortable with ``that. ``and the truth of the matter is, ``while i don't want to have ``another trial, we've got a good ``case. ``you know?
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``than i was three years ago. ``>> reporter: and pam hupp ``agreed when askey suggested that ``joel schwartz's bruised ego was ``the reason for the special ``hearing, and it was a waste of ``her time and taxpayer money. ``>> so i'd be happy to take him ``on again. ``i mean, i've also got another ``attention. ``and when i spend all my time-- ``>> keep redoing them -- ``>> right. ``just because somebody got their ``feelings hurt because they lost. ``>> schwartz isn't used to ``losing. ``>> right. ``and so that's really what it's ``about in my opinion. ``that's what it's about, so to me ``it's doing a disservice to the ``>> reporter: was she right? ``a week later, on a june morning
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``hurt feelings or injustice? `` coming up, a new witness ``echos pam hupp's claim that in ``at least one important way, ``betsy did not trust russ. ``>> she asked if my husband and ``i would be beneficiaries on one ``>> why would she do that? na delicious new way to get yournmultivitamins. @i recommend nature made`vitamins. @because i trust their quality. @they were the first to have`a vitamin verified by usp. @an independent organization @that sets strict quality and`purity standards. nnature made. nthe number one pharmacistnrecommended nletter vitamin brand. v @ more than 3 million people already know the feelingr of feet so silky smooth that you can't helpt but touch them. discover the latest innovation@
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this is the pursuitt of perfection. `` reporter: in june 2015, a ``year and half after russ faria ``was convicted of murder, ``joel schwartz returned to the ``same courthouse to make his ``pitch. ``pam hupp, the state's key ``witness, had shown herself not ``to be credible, said schwartz, ``and so the conviction should be ``thrown out. ``prosecutor askey countered that ``strong as ever.
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``they broke at eleven. ``the judge said he'd make a ``decision by 1:30 p.m. ``but -- ``>> at 1:30, no judge. ``i started to get a little ``nervous because he'd had plenty ``of time and to write motion ``granted doesn't take very long. ``however if you're going to write ``a denial, that's gonna go to the ``court of appeals, it could take ``quite a while. ``so at 1:45 i started to get a ``lot nervous. ``finally about 2:00, i talked to ``one of the sheriffs. ``and i thought, we're going to ``lose this thing. ``my confidence had faded. ``i asked what was going on, if he ``knew. ``and the sheriff told me that ``there was a printer problem. ``>> a printer problem. ``>> so at that point my spirits ``were lifted and i thought, ``okay, we still may win this. ``and the judge came out moments ``later. ``>> i didn't know what he was ``going to say until he said it. ``and it just -- very nervous ``time. ``but when he handed down his ``decision, it was like, finally, ``something good in my favor. ``>> reporter: his guilty ``conviction was overturned.
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``trial. ``>> it was very overwhelming. ``you just felt like you had a ``huge victory. ``you know, the only thing we ever ``wanted was a fair chance, a fair ``trial. ``>> reporter: russ would remain ``in jail awaiting trial, though ``unless someone could come up ``with bond money. ``mary was determined to make that ``happen. ``>> we were supposed to come up ``with $50,000 plus property. ``>> plus property? ``>> plus property as collateral. ``>> to guarantee the -- ``>> correct. ``>> that's not so easy to do. ``>> no, not at all. ``and i didn't know if we could do ``it. ``>> reporter: but mary had been ``fighting for her cousin since ``the day he was charged and -- ``>> we got lucky. ``somebody i know set me up with a ``bondsman that knew the story, ``didn't believe an innocent man ``should be sitting there, and he ``worked with me. ``>> reporter: mary put up her ``home as collateral. ``>> i'm that positive in his ``innocence and that he's not ``going anywhere. ``>> reporter: and less than two ``weeks after the hearing, mary, ``relatives and friends all piled ``into a bus provided by a
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``unannounced at the jail, where ``russ, who'd been behind bars for ``three and a half years, had no ``idea what was about to happen. ``>> the look on his face was ``priceless. ``>> i was just trying to call ``you. ``>> it was just very emotional. ``you almost feel like you can't ``breathe. ``>> who'd you see first? ``>> my mother. ``that was incredible. ``and getting to hug and kiss as ``much as you want. ``just be with all the people you ``love at the same time. ``>> reporter: russ moved in with ``his mom and resumed as much as ``behind bars. ``like game night with his old ``friends, outings with family ``independence day, concerts, ``fishing, ball games. ``life was sweet on the outside. ``but all the while, the cloud ``drifted toward him. ``the second trial, the real ``possibility he'd be convicted
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``prison. ``and yet russ told us that ``despite the risk he was looking ``forward to a new trial. ``>> i want a fair trial the way ``that it should've been. ``faith in the justice system. ``>> reporter: except perhaps he ``didn't know what the prosecution ``was finding out about him. ``a whole new investigation was ``opened. ``detectives dug up brand-new ``the prosecutor declined to ``excellent on her new ``comment on her new evidence or ``anything else. ``so we learned what we could from ``some of the state's new ``witnesses like betsy's long-time ``friend, rita wolf. ``>> we met freshman year in high ``school and became friends ``immediately and have been ``friends ever since. ``our friendship never really ``stopped except for a couple ``years when i went away to ``college. ``she had moved to florida and ``then we reconnected after that. ``>> it's rare to have a high ``school friend you are able to ``kind of reconnect with and ``remain close to. ``>> oh, yeah.
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``her, said rita, especially about ``her cancer. ``>> she came to my house once and ``i didn't even know she was upset ``at the moment. ``we talked about a few things and ``then she just broke down ``and she's like, i'm going to ``kill myself. ``but then there would be days ``where you would never even know ``she had cancer. ``we'd go play tennis out of the ``blue and i'd say, are you ``feeling good and she's like, i ``feel great today. ``and her personality had changed ``for the moment. ``>> do you remember how you found ``out that she was dead? ``>> i was feeding both of my ``babies, they were in their high ``chairs, and my oldest son said, ``there betsy. ``and i turned and looked and i ``had my tv muted, and betsy's ``that's how i found out. ``>> what is that like? ``>> i cried. ``i called my husband immediately ``and said, you're not going to
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``betsy's dead. ``for a minute, i thought, oh, ``crap, did she really kill ``herself? ``>> reporter: but only for a ``minute. ``and of course when she learned ``betsy had been stabbed many ``times, she knew it was murder. ``during those first days of ``grieving rita sought out betsy's ``family. ``>> i did ask specifically, "do ``you guys think russ did this?" ``and they said, "oh god, no!" ``at that moment they did not ``think russ did it. ``>> but what changed it? ``>> you know, my opinion is that ``the more the prosecutions office ``shared information with their ``family -- ``>> uh-huh -- ``>> the more they believed, "oh ``my god, he did this." ``and they would share with me. ``one of the sisters would text me ``and tell me, you'll never ``believe this. ``and then we would talk and so as ``time went on, i started ``believing it. ``>> reporter: rita told ``prosecutor askey she knew, ``intimately, about one of the key ``pieces of evidence, life ``insurance. ``remember russ's defense implied ``that pam hupp somehow tricked ``betsy into signing over, to her, ``a $150,000 policy. ``but rita knew exactly what betsy ``wanted to do with that ``insurance, and it didn't look
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``>> she asked if my husband and i ``would be beneficiaries on one of ``her life insurance policies. ``>> why would she do that? ``>> well, what she told me was ``that she really felt that russ ``would blow the money on toys and ``fun and would not spend it on ``the girls and helping the girls ``start a life. ``she was really, really concerned ``about the girls getting the ``money to have for certain things ``in their life. ``>> and didn't think he was ``responsible enough to entrust ``him with it. ``>> yeah. ``i think russ will piss it away, ``is what she told me. ``so we sat down at my dining room ``table and we wrote out a mocked ``up version of a trust. ``>> reporter: so it sounded a lot ``like what pam hupp had said that ``betsy did not trust russ with ``her life insurance money but she ``did trust a friend. ``>> you agreed to do it? ``>> no. ``i did not agree to do it. ``i told betsy i felt that because ``she had so many loving sisters i ``would have done it -- i would ``have put one of her sisters on ``there.
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``a friend to take charge of her ``money, maybe she went next to ``her friend pam hupp. ``did rita's story mean russ had a ``motive to kill betsy? ``and how about this? ``pam hupp, the state's prime ``witness in the first trial, had ``new evidence too, which you can ``only call explosive. ``secrets until now. ``for reasons which will perhaps ``be obvious. ``secrets, the prosecutor told ``rita, that would blow the case ``wide open. ``>> i told her i really hope if ``you think he still did it that ``you have a whole lot more ``evidence than you had the first ``time and she said they did. ``>> but did she say i have a ``bombshell. ``i have something really big. ``>> she did.
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`` coming up, from out of the ``blue a dramatic new claim about ``betsy's personal life. ``>> she revealed that she and ``betsy had had an intimate ``relationship. ``>> reporter: when "dateline" ``continues. @aaaaaaaand we' re back at`cricket wireless! @switch and get a brand new @lg risio for $19.99, @or take a spin with the samsung @galaxy grand prime for $29.99! @cricket wireless.
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``pam went to talk to detectives ``soon after russ was released ``>> and told them a secret ``something very surprising ``indeed. ``>> she revealed for the first ``an intimate relationship. ``>> robert patrick has been ``watching the russ faria case ``just as we have. ``he's a reporter for the st. ``louis post-dispatch. ``and he, too, was taken aback by ``betsy. ``>> they became close friends ``when they worked together at ``an insurance company and as russ ``and betsy relationship kind of ``deteriorated, pam took kind of a
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``>> i knew everything about every ``member of her family, about ``everything they'd done. ``>> here's pam telling the ``detectives. ``>> i knew the most intimate of ``her. ``>> okay. ``>> so our relationship started ``pretty soon fast of -- i was a ``huge confidante of hers. ``i don't tell other people's ``business. ``i don't really care -- ``>> right. ``>> about that stuff. so she knew ``that she could talk to me about ``anything, and it wouldn't go any ``farther. ``>> right. ``>> so that -- we had a special ``bond that way. ``>> it wasn't intimate initially, ``but after the cancer diagnosis, ``pam thought that the least that ``she could do for her friend was ``to sort of give into this ``intimacy that betsy wanted. ``>> i mean, we just spent a whole ``lot of time together, you know, ``and i did.
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``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. ``>> because russ, according to ``pam, had become abusive. ``but when he found out what betsy ``was up to? ``>> what did russ think about ``this relationship, according to ``pam? ``>> according to pam, even before ``they consummated it, he was ``suspicious of their ``relationship. ``and apparently he and betsy had ``arguments about it. ``and she would kind of throw her ``relationship with pam in russ's ``face. ``>> and she talked about me all ``the time and it bothered him. ``>> and that angered him? ``>> because it wasn't just -- ``>> well, bothered is one thing. ``>> well, he thought it was sex. ``at that time, it wasn't even
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``because she likes sex, but ``that's not true. ``>> well, and -- and you're ``absolutely right. ``i don't think the sex would have ``bothered him as much, again, ``as -- ``>> no, he wouldn't have cared ``about that. ``>> the emotional part. ``>> if we just went and banged in ``the closet once a week or ``whatever -- ``>> yep. ``>> he would have cared less. ``>> i agree 100% with that. ``>> and there's a lot of people ``like that there's no threat. ``>> right. ``i was very threatening to him ``because -- ``>> you -- you were changing his ``whole -- ``>> oh, i was changing his life. ``>> his whole dynamic. ``yeah. ``>> then one day, pam told the ``detectives, russ confronted her, ``and something truly ugly ``happened. ``>> pushed me up against the ``wall, and he was all red-faced ``>> kind of like a gritted teeth? ``>> oh, he's like, talk about ``this far away from my face. ``yeah, he was right there. ``i could feel his spit, nasty. ``and he said, you two [ bleep ], ``something to that effect, if i ``ever catch you together again,
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``backyard. ``>> just a few weeks prior to her ``being killed? ``>> yes. ``>> and, said pam, on the night ``betsy was murdered, she was ``going to tell russ she was ``leaving him, intended to file ``for divorce. ``and betsy knew that russ would ``be furious, said pam. ``but neither of them understood ``how furious. ``>> i had guilt feelings. ``i'm leaving her with this ``[bleep] coming home. ``i know he's coming home. ``she knows he's coming home. ``we both know there's going to be ``a big thing going on, and i left ``her there. ``>> right. ``>> and i felt guilty, but i ``didn't want to be there. ``>> then almost four months later ``just a few weeks before the new ``trial, pam told detectives she ``started recalling some vague ``images in her head from the ``night of the murder. ``and so on her own she went to ``the scene of the crime and ``standing there outside the faria ``house, she told those ``detectives, an old memory ``returned to her, a crucial ``memory. ``>> she went back to the faria's ``old house and took pictures. ``and kind of looked down the ``street in different ways and she ``said that she remembered seeing
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``she remembered seeing a car kind ``of parked in an odd position ``down the street and there were ``two guys in there. ``>> and you think you recognized ``one of those men. ``>> i do, yes. ``>> and who do you think you ``believe -- who do you believe ``that person was? ``>> i believe it was russ. ``>> and there was another guy who ``was kind of bigger or bulkier in ``the passenger seat. ``when she drove by, they appeared ``to be ducking down, as if, you ``know, perhaps they lost ``something on the floor. ``and at one point, the passenger ``was gone. ``>> well, this is a fairly ``complicated return memory. ``>> i mean, it is and it's ``potentially a huge gift to the ``prosecutors. ``like, hey, we've got russ faria ``on the scene at a time when it ``would sort of fit in with all ``the evidence. ``he or someone else sneaks in ``kills her. ``and she's got time to be cold ``and stiff by the time ems ``arrives. ``absolutely. ``and an eyewitness who said she ``saw it. ``>> right. ``>> and then the prosecutor ``revealed she'd uncovered what ``she said was a true scandal. ``russ had a girlfriend, said
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``out with her at the time of the ``murder. ``a girlfriend, who it seemed, was ``having his baby. ``>> here's another motive for ``russ to kill his wife because he ``wanted to be with his pregnant ``girlfriend. ``>> but the key piece of new ``evidence, undiscovered until ``now was a letter found on ``betsy's laptop, a letter that ``spelled out her fears about ``russ. ``this was the proverbial smoking ``gun. ``>> the prosecutor called it ``betsy's basically dying ``declaration. ``talked about betsy having a ``pillow put over her face, ``feeling threatened by russ, ``talked about the insurance. ``here's this really bad guy who's ``motivated by all these things, ``to do me harm. ``>> it was the letter in which ``betsy asked pam to accept her ``life insurance money and use it ``to help betsy's daughters. ``it ended with a line that, ``looking back, could be ``considered prophesy. ``>> she says if anything happens
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``>> prosecutor leah askey was ``confident russ faria was about ``to be convicted of murder a ``second time. `` coming up, joel schwartz has ``a very different take, arguing ``that the prosecution's new ``evidence will only help russ. ``>> the lies upon lies continued ``to at least in our view enhance ``our defense. one that connects your family@ and friends... your businesses, devices... nmobile entertainment, connected cars, and connected homes. r it grows as you grow.
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``and at the entrance to the ``courtroom, bags were inspected, ``police used wands to check for ``contraband, or metal in people's ``pockets. ``but resentments festered. ``the treatment, to some people, ``didn't seem equal. ``>> betsy's side, they could cut ``in line. ``they didn't get patted down. ``they didn't use a wand. ``they didn't search their purses. ``pam hupp got to go in through an ``employees' door. ``>> reporter: this was a very ``polarized room, this courtroom. ``it was like the -- ``two sides didn't want much to do ``with each other at all, right? ``>> not at all. ``it was tense. ``>> reporter: prosecutor ``leah askey presented the case, ``again, as a crime of passion. ``she reviewed all the old ``evidence -- the 55 stab wounds,
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``alleged abusive and controlling ``behavior, and so on. ``>> here's a bad guy. ``he's mean to his kids. ``he's mean to his dog. ``he's mean to his wife. ``there's blood in spots, maybe ``there was cleanup in other ``spots. ``>> reporter: and then there was ``all that new evidence. ``and one extra tidbit mentioned ``for the first time on day one of ``the trial. ``>> a sheriff's deputy said, i ``remembered that i did see some ``water in the tub. ``>> reporter: meaning? ``>> well, that fit with the ``prosecution theory that russ had ``killed her and cleaned up. ``>> reporter: so, what did ``defense attorneys nathan swanson ``and joel schwartz think about ``this amped up evidence against ``russ? ``not much, apparently. ``that last bit, for example, the ``water drops in the bathtub with ``its allege that russ killed
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``tub -- ``>> this officer coming up with ``this evidence three and a half ``years after the fact and ``allegedly remembering something ``as minute of a detail as water ``droplets in a tub is deeply ``troubling. ``there was never a report on ``this. ``and frankly, i don't believe it. ``>> awfully a convenient ``recollection to have years ``later. ``>> reporter: what about ``pam hupp's story about a secret, ``intimate relationship with ``betsy? ``>> i don't believe it. ``nor did anybody else who knows ``betsy. ``and frankly the people we spoke ``to who knew pam hupp, nobody ``bout it. ``it was just an excuse for betsy ``to have given her the money. ``>> reporter: no, said the ``defense, the state's case didn't ``make any more sense now than it ``did the first time. ``>> it was still based on no ``evidence. ``>> reporter: but the wildest ``thing of all, said defense ``attorney schwartz, was the ``tale, make that tales, told by ``pam hupp. ``>> pam's story became -- it's ``called super charged. ``as she continued to speak with ``the detectives, the stories
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``i think in their view their case ``got better. ``however, the lies upon lies ``continued to, at least in our ``view, enhance our defense, ``number one, and show that the ``basis of their theory had ``nothing, had no stability ``whatsoever. ``>> reporter: but unless she was ``telling the truth? ``>> it's simply not possible ``based upon her answers that she ``was telling the truth, because ``the things that were stated by ``miss hupp are 180 degrees ``different from things that had ``been stated by her previously. ``>> reporter: were they? ``well, yes. ``back in 2011, pam said she'd ``only met russ a few times. ``>> he seems nice enough. ``i just don't know him that well. ``i saw him -- the last time i saw ``him was at her 40th birthday ``party he had for her. ``>> reporter: but june 2015, she ``said she knew him all too well, ``saw him up close and personal ``just before the murder, when she ``claimed russ threatened to bury ``her in the backyard. ``>> just a few weeks prior to her
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``>> yes. ``>> reporter: in july 2014, when ``pam was questioned by lawyers ``representing betsy's daughters, ``she denied any intimate ``relationship with betsy. ``>> we were not having an affair. ``there was not an intimate ``relationship. ``>> reporter: but when detectives ``met with pam a year later, in ``2015, pam was telling them they ``were very intimate indeed. ``>> i replaced what a husband ``would be. ``>> reporter: curious. ``also, in the 2014 civil ``deposition pam said she had a ``good memory. ``>> do you have any memory ``problems, ms. hupp? ``>> no. ``no. ``>> reporter: but in 2015, when ``she told detectives that she ``suddenly recalled seeing russ ``outside his house the night ``betsy was murdered, she blamed ``her not remembering that before ``on her having a bad memory. ``>> so my brain has been almost ``like a boxer's brain. ``severe head injuries, three ``accidents in a row. ``>> reporter: but just as
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``inconsistencies, said the ``that story about seeing russ ``that night actually came from -- ``one of the detectives. ``you can hear it for yourself. ``>> what we believe may have ``happened is that you were ``present, that russ was not there ``when you and betsy got there. ``and that prior to you leaving, ``somehow or another russ knew ``that you were there, either by a ``phone call or just the sheer ``presence of your car, or that he ``walked in and saw you there and ``that -- it was that particular ``moment motivating factor for you ``to leave was him coming into the ``house. ``that is what we have discussed ``amongst ourselves. ``>> reporter: the detective asked ``pam straight out -- ``>> is any part of that correct, ``and it is in fact, did you see ``russ that night? ``>> no. ``>> reporter: you heard right. ``she said no.
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``>> who do you believe that ``person was? ``>> i believe it was russ. ``>> the police in -- in effort to ``enhance miss hupp's story as ``well as bolster their case, ``suggested a theory to miss hupp ``that she may have seen ``russell faria at the house that ``night. ``>> reporter: which she adopted. ``>> i mean, it's so brazen to be ``doing it on a recording so that ``everyone can hear it. ``>> reporter: pam's ``inconsistencies, said the ``defense, were rampant. ``>> and it wasn't even that she ``would tell a story and then a ``week or a month later, tell a ``different story. ``the stories she would tell in a ``single interview would be ``inconsistent. ``>> reporter: then, remember the ``state's allegation that russ was ``having an affair when betsy was ``murdered and the woman was ``possibly pregnant with his baby ``a little fact-checking might ``have been a good idea. ``while the woman did have an ``affair with russ, it was way ``before betsy was murdered.
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``had russ's baby while he was in ``prison, that simply wasn't true, ``as she herself admitted. ``>> reporter: what happened when ``she put this woman on the stand? ``>> the woman said what she ``always said. ``"yes, we had an affair. ``that affair ended a year and a ``half before betsy died. ``i never had a baby. ``i don't know why i'm here." ``>> reporter: surprise! ``there was another one coming, ``too. ``didn't look good for someone. `` coming up, from deep inside ``a computer, investigators are ``about to retrieve a critical ``piece of evidence. ``>> it is a smoking gun. ``>> reporter: and the defense ``makes a risky move. ``>> i was either going to be the ``goat or the hero.
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`` reporter: it was a little ``like watching a tennis match for ``observers at russ faria's murder ``retrial. ``the prosecution served hard and ``the defense responded in kind. ``>> every time her people went ``up, joel would come back and he ``would just shoot 'em down. ``>> reporter: joel schwartz,
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``success cross-examining the ``prosecutor's witnesses. ``like, for example, rita wolf, ``who was called by the ``prosecution, but -- ``>> the defense i talked to them ``as well. ``>> uh-huh. ``>> and i really felt that the ``life insurance piece helped them ``more than it helped the ``prosecution just because of who ``got it. ``>> reporter: it was pam hupp, of ``course, who got it. ``could 150,000 be a motive for ``murder? ``as pam herself told ``detectives -- ``>> and money is -- makes people ``do crazy, crazy things. ``>> reporter: but the big ``surprise? ``at the first trial, an officer ``testified that a special test ``had possibly detected blood in ``the kitchen. ``he'd taken photos to prove it. ``but he told the court the ``pictures did not turn out, so ``jurors would have to take his ``word for it. ``>> the officer testified that ``nothing developed. ``all of the photographs were ``simply blackness because the ``camera malfunctioned. ``>> reporter: schwartz didn't ``believe it. ``>> i'd been insisting for the
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``these black photos. ``i didn't buy it. ``>> reporter: and finally, just ``before the 2nd trial, his ``suspicions were confirmed. ``the photos did turn out, were ``there all along. ``>> we got a cd that had ``132 photos. ``not one of which didn't develop. ``>> wow. ``>> reporter: those pictures, ``said schwartz, did not support ``the officer's testimony about ``the results of that special ``test. ``>> and they didn't show what he ``wanted them to show, which is ``first trial. ``>> reporter: in fact, later ``testing found no blood at all in ``the kitchen. ``about that testimony. ``>> perjury? ``>> yeah. ``>> it's a strong word. ``it's not an inaccurate ``allegation, though. ``police officer? ``>> yes, i am. ``>> reporter: when we called the ``officer, he strenuously rejected ``that allegation. ``he was never charged with
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``mirrors. ``in any case, the defense still ``had a big problem, that computer ``document. ``the one addressed to pam found ``on betsy's laptop, but never ``sent in which she asked pam to ``be beneficiary of her life ``insurance and then expressed a ``kind of fear about what russ ``might do to her. ``clearly, said the state, that ``dying declaration. ``think? ``>> i would say initial reaction ``was, this is troubling. ``>> reporter: so it was, because ``it appeared to back up ``pam hupp's version of events. ``in fact, pam told detectives ``about the document soon after ``the murder. ``>> i would like to see maybe if ``she was going to send me. ``>> reporter: but whether they ``looked for it or not, they ``didn't find it. ``not then. ``trial, when a cyber crimes ``investigator finally cracked ``that computer. ``a copy of the document was
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``not a smoking gun that leads to ``russ. ``i had always said that this ``letter would turn up only ``because ms. hupp was so ``insistent that this letter was ``there. ``>> reporter: but, this was ``curious. ``there was something different ``about this particular document, ``different from any other ``document in betsy's computer. ``>> once we looked at the letter ``and had our computer expert ``analyze it, it turns out that it ``would be very difficult, if not ``impossible, for betsy to have ``written this the way it came up ``in her computer. ``>> why would you say that? ``>> it was the only document in ``that computer that said author ``unknown, the only one. ``>> reporter: meaning the ``document most likely had been ``composed on a different computer ``altogether. ``then transferred to betsy's ``laptop, said the defense, ``without betsy's knowledge. ``>> ms. hupp knew what computer ``it was in, where on the computer ``it was, the entire contents of ``the letter as well when it was ``created. ``i find that suspicious at least.
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``schwartz, the document was ``loaded onto betsy's laptop the ``day before pam was named the ``beneficiary of betsy's life ``insurance policy. ``and just days before the murder. ``>> it's likely that person ``deliberated coolly as to what ``they were going to do to betsy ``and when they would do it, ``knowing where russ would be at ``the time. ``>> which, if you're right, means ``a pretty carefully planned ``murder? ``>> i think you follow the dots, ``as well as the money, and that ``information should be carefully ``as well as thoroughly looked at. ``>> reporter: pam hupp, whose ``story was the backbone of the ``state's case against russ faria, ``was not called to testify. ``but, thanks to her police ``interviews, the shifting stories ``pam told were front and center ``in the trial, along with ``revelations like how she kept ``the life insurance money and was ``the last person known to have ``seen betsy alive. ``>> the judge allowed us to go ``into those things.
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``wouldn't be a jury who'd decide ``russ faria's fate. ``joel schwartz had already rolled ``the dice and elected trial by ``judge alone. ``too late to go back now. ``>> a bench trial, a trial by a ``judge alone and not jury. ``do that when it can be risky? ``>> frankly, it was a gut ``instinct. ``i was going to either be the ``goat or the hero. ``>> reporter: he'd find out soon ``enough.. `` coming up, the judge ``announces his ruling. ``>> that's a scary moment. ``>> it was a horrible moment. ``after four long years, the case
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`` reporter: it was at ``lunchtime friday, the fifth day ``>> i was just kind of milling ``around outside the courtroom ``with family and friends and they ``were all trying to keep my ``spirits up. ``>> reporter: then, three ``excruciating hours later. ``>> the judge was getting ready ``to come back in. ``>> and you're thinking, i'm ``gonna be sick. ``i reached over to his sister and ``she had the same exact feeling. ``so we were sitting there holding ``each other's hands thinking, oh, ``we can't go through this again. ``what happens? ``what if?
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``those jurors did? ``what do we do then? ``we can't go through this. ``and he walks out and he starts ``talking. ``>> that's a scary moment. ``>> it was a horrible moment. ``>> i'm just standing there and ``i'm sure i was holding my ``breath, you know, and just ``standing as straight as i could ``focused in on the judge. ``it seemed like an eternity. ``>> he keeps talking and you're ``thinking, well, now i'm a little ``confused. because where is he ``going with this. ``>> reporter: and then finally, ``here it was, the words. ``>> and he says, you know, on the ``count of murder in the first ``degree, i find you not guilty. ``on the count of armed criminal ``action, i find you not guilty. ``it's just like a heavyweight ``lifted off my shoulders. ``>> and we all just busted up in ``tears. ``and you felt the floor come out ``from under your feet. ``and you're thinking, did we hear ``it right? ``is it real? ``is he really coming home? ``>> reporter: he was.
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``finally ``finally vindicated man. ``>> to see the tears of joy and ``to see the defense attorneys ``cry, i was happy for russ and ``his family because he sat in ``prison long enough. ``>> reporter: there was a big ``celebration, of course. ``many thank you's to the people ``who'd stuck with him, who worked ``so hard to win his freedom. ``but of course, not everybody was ``celebrating.. ``betsy's family declined to be ``interviewed, but called the ``verdict, quote, shocking and ``heartbreaking. ``pam hupp also declined our ``request. ``once again denied she was ``involved in any way with betsy's ``murder. ``pam has never been charged with ``any crime in connection with ``this case. ``a case prosecutor leah askey ``considers closed. ``she told dateline she still ``believes russ killed betsy. ``in fact, askey gave us a written ``statement, there was probable
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``committed the crime. ``a jury was firmly convinced of ``his guilt. ``a judge was not. ``well, in fact, in open court, ``the judge said, the ``investigation into the facts and ``theories of this case by law ``enforcement is rather disturbing ``and frankly raised more ``questions than answers. ``>> i've represented a lot of ``people that i felt were innocent ``and i believed it. ``none more than russ. ``>> reporter: a few weeks after ``russ was acquitted once and for ``all, we joined him and his ``friends for game night. ``together again, for good now. ``>> i got a ultra-marine scout. ``>> reporter: russ's game night ``buddies vowed at the second ``trial just as they had at the ``first one that russ was with ``them when betsy was murdered. ``this was the alibi the ``prosecutor wouldn't believe. ``in fact, one of the friends ``revealed here that officers ``leaned on him, unpleasantly. ``>> did you feel threatened by ``them?
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``>> reporter: before the second ``trial. ``>> trying to get you to flip on ``russ? ``>> basically yeah. ``and they're like, well, i want ``you to look at this. ``and then he opens up the book ``and shows me the photos of the ``crime scene and, you know, she's ``laying there. ``i said, i don't want to see ``those. ``i said i can't handle blood and ``guts stuff. ``and that's when they come in ``with trying to offer me ``immunity. ``i'm like, immunity for what? ``why would i need immunity? ``i didn't do anything. ``we all didn't do anything. ``>> welcome home! ``>> reporter: but now this ``strangest of cases was finally ``over and russ faria could ``contemplate some kind of life ``again. ``though for now, not with his ``stepdaughters who defend -- ``testified against him. ``their lawsuit against pam hupp ``over the insurance money ``continues. ``>> the only thing that i'm ``planning on doing is moving ``forward, you know. ``i could dwell on the past and be ``miserable for the rest of my ``life. ``dwell on what happened to me and ``dwell on my wife's death and
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``locked up and made to go through ``all of this. ``and i'll be miserable forever. ``or i can choose to look forward ``and make my own future. ``>> what would she think of all ``of this? ``>> she'd be very disappointed in ``a lot of people. ``>> reporter: she, meaning, of ``>> let me see your hand. ``still wear your wedding ring. ``>> yeah. i still care about ``betsy. ``i think about her every day. ``i'll be doing something and ``it'll bring up a memory and, oh, ``betsy used to love this. ``she's still alive in my heart. ``>> that's all for this edition ``of "dateline." ``we'll see you again sunday 7:00, ``6:00 central.
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