. >> reporter: a few months later, a week before that special hearing, prosecutor leah askey met with pam hupp. their conversation was recorded. making the judge believe us? >> reporter: askey replied that she was confident the outcome would be in her favor, and that the whole thing was a waste of her time and taxpayer money. if fact, askey suggested the only reason for the special hearing was joel schwartz's bruised ego. pam agreed. >> i'd be happy to take him on again. i mean, i'm -- not that i -- i've also got another 3,000 cases that need my attention. and when i spend all my time -- >> why keep redoing them? >> right. just because somebody got their, you know, 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 taxpayers and citizens here. >> reporter: a week later, on a june morning in 2015, a year and a half after russ was convicted of murder, everyone assembled in the same courthouse but before a different county. he would decide, hurt f