Transcripts For KNTV Dateline NBC 20160123

A highprofile trial. A speedy verdict. I was stunned. So why is this case getting an almostunprecedented second look . This doesnt happen, right . Its incredibly rare. And is anyone prepared for this . Did she say, i have a bombshell . She did. From tales of a secret love she revealed that she and betsy had had an intimate relationship. To a telltale clue, hidden on a hard drive. It is a smoking gun. Its finally time for the truth. Thats a scary moment. It was a horrible moment. Im lester holt, and this is dateline. Heres Keith Morrison with return to game night. Reporter they were so sure of themselves as they campaigned for his freedom. 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 hed later say was his ironclad alibi, and called 911. 9 40pm, december 27th, 2011. What is the location of your emergency . [ crying ] okay. I need you to take a couple deep breaths so i can see whats going on. I just got home from a friends house and and my wife my wife. Reporter the man was hysterical. A real emotion, most who heard it had come to believe. But now, a question was it . 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. No. Russell she do you think that shes beyond help right now . I think shes dead. Okay. Oh, my god. Shes 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 thats 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 betsys family were so sure . And then just months ago, a fresh investigation revealed startling new allegations of sex, secrets, and lies, and astonishing recovered memories. As youll 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 couldnt 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 she was out there. 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 russs cousin, mary anderson. Hes 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 wouldnt have done had she not come along. Reporter when russ met betsy, her daughters were very young, mariah still a tiny girl. We really created a big bond, 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 times. For more than a year, they actually lived apart. We argued a lot. You know, its always darkest before the dawn, they say. Reporter and then betsy told him shed found a church that meant a lot to her. Maybe hed 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 refell 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. Thats 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 tennis. Youd never know she was going through chemo. Reporter and maybe that helped her beat it. In the winter of 2011, betsys 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 im 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 couldnt 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 shed 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 that happened. 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 wasnt the cancer that killed her. How did betsy die . The answer to that wasnt clear at all. Her husband, who called 911, had one idea. My wife killed herself reporter but investigators had another. Its not typical for someone whos going to commit suicide to do it the way she done it and thats what concerns us. Even turkey jerks. [turkey] gobble. [butcher] im sorry burke covered march fourth,2014. Talk to farmers. Weve seen almost everything, so we know how to cover almost anything. We are farmers. Bumpadum, bumbumbumbum winter storm jonas promises to be the biggest of the decade. With total accumulation of up to three feet, roads will be shut down indefinitely, and schools are closed. Campbells soups go great with a cold, and a nice red. Made for real, real life. But you shouldnt forget yoforget this. C. Hep c is a serious disease. Left untreated it can lead to liver damage and potentially liver cancer. But you havent been forgotten. 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Before all the events which have so recently upended our story, was russ farias 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 a couple deep breaths. Were 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 hed 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 shed committed suicide. What, what did she do . Do you know . Shes 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, betsys 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, betsys dead. And i said, well, how could she be dead . She was just here last night. Officers also went to betsys sister julies house. They said it was a possible suicide. You know, i looked at her and gave her this look like, i dont think that sounds right. Reporter thing is by the time police offered that suicide suggestion to betsys fm, they already knew the death of betsy faria was no suicide. Not even possible. First responders could tell right away and the medical Examiners Office found betsys body had been pierced many, many times including wounds most likely inflicted after she was already dead. Hardly surprising then, that police might be casting around for suspects. Or, that russ, the husband, the man who supposedly discovered the body had some explaining to do. But that night, at the sheriffs department, getting him to focus was not an easy thing. Oh god. It sucks. No. But i think youre the only one that can help us with this right now. I dont know what to do. Reporter but investigators had a job to do, find betsys 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 betsys body was cold and stiff when those First Responders arrived, rigor mortis had already set in, the blood was drying. Based on that, it appeared betsy had been dead for sometime when russ called 911. So detectives zeroed in on betsy and russs movements. Tell me about your night. Reporter russ said betsy had a chemo appointment that afternoon, planned to go to her moms house afterwards, and then russ would drive her home. Or at least, that was the 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, its good. Dont worry. And i said, okay, well, ill 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 friends 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 night my friend had gotten a 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 arbys drivethrough, then drove the 30 minutes back to his house in troy, which would have put him there about 9 40pm. He said he walked through the 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 her neck. And that, said russ, is all he saw so it looked to him like shed done it herself, deliberately. And if this comes back that its not a suicide, you dont 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. Its not typical for someone thats going to commit suicide to do it by the way that she done it. And thats thats what concerns us. So it did. It also made russ the prime suspect. Coming up, russ and betsys relationship. Theyd recently enjoyed that romantic cruise, but a friend of betsys tells Police Things between them really werent that sunny. Hed Start Playing this game of putting a pillow over her face. This is what its going to feel like when you die and then act like he was kidding. When dateline continues. Why have your glasses fit manually, when theres the Lenscrafters Accufit system. Replacing basic handheld measuring tools with a digital system thats five times more precise. No longer comes at a price. Well, actually it does. But its just 9. 99 new hot shot whisky chicken applebees grill bar favorites made a little better for you. Featuring new dishes loaded with flavor, and all under 650 calories. Its about time the taco. Came out of its shell. Unleash the power of dough. Give it a pop. That sound. Like nails on a chalkboard. But listen to this family talking thats a different kind of sound. The sound of the weekend. Unleash the power of dough. Give it a pop. I was walking home. Just picked us up two breakfast croissants for four bucks, when this bear attacked. With one swipe, it devoured one of the croissants. Then jack showed up and took care of the beast, so i could escape. And thats what happened to your breakfast croissant. And yours . It survived. Share it with yourself. Freshly cracked egg with ham and bacon, or sausage, get two breakfast croissants for four bucks. Reporter not long after 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 dont 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 wasnt 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 didnt buy it and much of the reason for that is they were hearing from this woman. Pam met betsy years earlier when 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 hell have after shes gone. Ive 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 relatives house, while they rented out their home in troy. Theyd all save money that way and shed be closer to friends and her chemo treatments. But pam claimed betsy was concerned about how russ would react to that idea. And she goes, okay. Well, ill tell him, but im telling you right now, hes going to get very angry. Why . Why . She said, hes tired of moving. He is staying in his house and thats 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 didnt believe that. Especially when they heard the bombshell pam laid on them, a disturbing game pam said russ played with betsy. Hed Start Playing this game of putting a pillow over her face to see what it would feel like. I dont know if he said this is what its going to feel like when you die or whatever and then act like he was kidding. Uhhuh. 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 the police that you had done that and that she was scared . She had no reason to be scared of me. Shes never been scared of me. Reporter but it wasnt 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 russs slippers, stashed in a bedroom closet. The fact of the matter is, its a sloppy crime scene. Theres blood on your clothes, in your residence, in your bedroom. I didnt 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. Theyre still counting. Oh, my god. A burglar doesnt do that, russ. A stranger doesnt 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. Theres no one else that has any kind of motive, monetary or crime of passion. I cant tell you what i dont know. I dont know. And i says, you know, i cant confess to something i didnt do and i cant give you details for something that i wasnt present for. There was never a focus on anybody else. Reporter it was the day after the murder that russs cousin mary heard that betsy was dead, and that russ was being questioned. And that didnt make sense to her. Shed 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. Shes 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 the main suspect . Yeah. Thats what it appeared. And while i was watching it, my family came in and turned it off. They said, you dont need to watch that. Reporter some friends began to wonder if theyd ever really known russ at all. His famous jokester humor and pranks didnt 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 hes doing it to his wife, too. Oh, you know, you wouldnt understand. It doesnt matter. Youre not smart enough. You dont, like, say that in front of a group of people to your spouse. Reporter betsys mother said shed been close, very close to russ. She also remembered a few things that now stuck out like a sore thumb. He told a friend of mines husband that if he got into a fight with somebody, he would fight to kill. Reporter and betsys sisters . They werent aware russ ever physically hurt betsy, they said, but when they thought about it, there was rage in that man. I think he had a lot of builtup anger. Reporter there was the time, said mary, when russ chased one of the daughters boyfriends with a baseball bat. Who chases after a boyfriend with a baseball bat . Reporter yeah. Did you see that happen . 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 stab wounds . When they said that, i didnt have any doubt in my mind. I never thought of it could be anybody else but russ when they told me that. Reporter thats 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 slamdunk alibi from russ game night buddies. We knew that he could not have committed this crime. Reporter impossible . Its impossible. A man cannot be in two places at the same time. Why fit in when you were born to stand out. The 2016 Nissan Altima has arrived. Switch and get a brand new Cricket Wireless lg risio for 19. 99, or take a spin with the Samsung Galaxy grand prime for 29. 99 Cricket Wireless. Something to smile about. Isuave professionalsof is a beautiful blend. Moroccan infusion for shine, keratin infusion for smoothness, sea mineral infusion for volume, and discover new coconut oil infusion for repair. Find the blend you need for the hair you love. Suave professionals works as well as salon brands. Live beautifully suave feel the spark of emotion lifeel warm inside. Of you. Feel our big beautiful new candle. Feel glade. Sc johnson. 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 betsys family painted russ as an angry man, others in russ farias world didnt 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 thats what you want to do, you plan it. Well make it happen. Reporter after betsys death, cousin mary saw russs grief up close. He was heartbroken. And he kept saying how bad it hurt because he lost his betsy. That was the most heartwrenching thing to see. Reporter they had a wake for betsy. 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 betsys face, saying thats 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 betsys many good friends was russs aunt, linda hartmann. She said russ was the last person shed suspect of killing betsy, especially given how upset he was about her terminal cancer. The way that he had spoken about losing betsy, you knew how much he loved her and he was taking it really badly. Reporter but, said linda, the police didnt seem to want to hear any of that. They kept on asking me, you know, do you think it couldve been russ . Reporter but, of course, most of what you heard was just opinion. Russs 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 . This is michael corbin, the host of game night. A few of his friends had been coming by tuesday nights for years. Essentially, its 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 themselves in and start asking 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 didnt 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. Ill put it that way. Reporter the two others at mikes 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 didnt think anything weird of this. Reporter nor was it simply the unsupported story of some friends. A surveillance camera showed russ stopped for gas just after 5 15pm. More videos and receipts when he stopped to buy cigarettes, dog food, a couple of iced teas on the way to game night before 6 00 p. M. Russs cell phone pinged in those areas, too, and all evening from 6 00 to 9 00 p. M. Near mikes house. And the receipt from his trip to the arbys drivethru was timestamped 9 09 p. M. The drive back to russs house would take, what with that stop at arbys, 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 . Its 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 hupps story. And what they said was russs failed polygraph and her blood on his slippers. And it wasnt long after betsy 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 its somebody else who got the payout from betsys 150,000 Life Insurance policy. She got the money . She got the money. Reporter when dateline continues. Nivea inshower body lotion. First i wash. Then i apply it to my wet skin. It moisturizes with no sticky feel. I quickly rinse off. And im ready to go. Nivea inshower body lotion in the body lotion aisle. If you could see your cough, youd see just how far it can spread. Robitussin dm max soothes your throat and delivers fast, powerful cough relief. Robitussin dm max. Because its never just a cough. Four out of five people may not agree on carne asada or carnitas. But four out of five who got their Health Insurance through covered california got help paying for it. Find out if you could be one of them at coveredca. Com enroll by january 31st to avoid the irs tax penalty. Reporter the case against Russell Faria went to trial in november 2013, almost two years after betsys murder. I dont know what to do. Reporter prosecutors opened their case with that frantic 911 call the night betsy died. Russell she do you think that shes beyond help right now . I think shes dead. Reporter the state said it sounded suspiciously hysterical, like an act. Betsys mother said it sounded to her like howls of guilt. Yeah, oh my god, oh my god, oh my god, oh my god. Its like, oh, what did i do . What did i do . Well, he loved her, didnt he . Uhhuh. Thats what causes these these crimes of passion. Reporter if that wasnt suspicious enough, said the state, there was also russs 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. Members of betsys family, 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, guy. The physical evidence, said the state, also proved that russ committed the murder that is, betsys blood on his slippers and her blood on the bedroom light switch. Even though she was killed in the living room. Whats more, said the prosecutor, russs 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 russs 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. Betsys mother didnt think much of them either when they testified. They all were saying the exact same thing and the exact same monotone, da,da,da,da,da,da. It was unbelievable. Reporter and that was in essence the states case against russ faria. To which defense attorney Joel Schwartz said, are you kidding . In my opinion, an innocent man got charged with murder. And then it sort of snowballed from there. Reporter for one thing, he said, the surveillance tapes, the receipts, the cell tower pings, the friends testimony created an alibi as airtight as any hed 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 pams interviews, inconsistencies stood out to him, anyway. Example . One report indicated betsys mom said pam told her she didnt go into betsys 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. Okay. I really wasnt paying attention. I was just trying to get out of there. 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, theres a call from pam hupps cellphone to betsys cellphone. Reporter that one also went unanswered but heres what pam told the police about that 7 27 p. M. Call. I called betsy to tell her i was home. Home . Not possible, said schwartz. Pam lived a half hours drive away. But where actually was she, based on the cell tower triangulation . 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 betsys 150,000 Life Insurance policy. And she got the money . She got the money. Reporter pam told investigators she was one of betsys 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 local library and had a young librarian, not a notary or any Insurance Company employee, witness betsys 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. Its 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 russs trial and warned her the defense would certainly bring up the issue. One of the concerns that i have is again, like i said, the defense raising doubt with you just because youre 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 betsys death to the tune of 150,000. Theyre 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 youre 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 theyre afraid of russ and shes afraid of russ and the kids will blow through it. However, you now have this money and have not turned any of this money over to the family or the kids. Thats correct. Thats a huge problem. Reporter to make it look like less of a problem, he said, she should set up a trust for betsys daughters and soon. It helps, obviously, if that trust is going to be set up for the girls it will before the trial. And i told you that at the first phone call. Sure. Reporter then the detective prepared pam for the key question he expected the defense to ask. Did you have anything to do with betsys murder . No, absolutely not. Thats exactly whats 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 ive been practicing law, ive never a witness testifies, you can crossexamine the witness. Thats a basic tenet of law. Their bias, their interest, the fact that they are the last person with the victim, the fact theyve just recently were given the victims 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 being in the house, and i couldnt get into any of that. Ive never seen anything like it. Reporter meanwhile, the case against Russell Faria wasnt quite finished. The allegation still to come. Russ had helpers as he set about killing his wife. Coming up, prosecutors detail a mindboggling 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 line. Depending on these 12 people. Find clear or almost clear skin. 8 out of 10 people saw 75 skin clearance at 3 months. While the majority saw 90 clearance. Do not use if you are allergic to cosentyx. Before starting, you should be tested for tuberculosis. An increased risk of infections and lowered ability to fight them may occur. Tell your doctor if you have an infection or symptoms. Such as fever, sweats, chills, muscle aches or cough. Or if you have received a vaccine or plan to. If you have crohns disease, tell your doctor as symptoms can worsen. Serious allergic reactions may occur. See me. See me. See me on my way. Find clear skin and a clearer path forward. For a different kind of medicine, ask your dermatologist about cosentyx. Wheall i can think abouthit, is getting relief. Only nicorette mini has a patented fastdissolving formula. It starts to relieve sudden cravings fast. I never know when ill need relief. Thats why i only choose nicorette mini. Are you powered by protein . Milk has 8 grams to help give you energy to unleash your potential. Start every day with milks protein and milk life. Case that his client was an innocent man. Russ wasnt 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 police solve this. Reporter and russ told the police he thought it was suicide because thats 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 werent 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 whats more, said schwartz, many of betsys wounds were clearly not the result of the wild stabbing youd 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. Theres no other explanation for the lack of blood and theres no other explanation for the deep cut on her wrist thats postmortem. Reporter and the blood evidence on russs slippers . There was no imprint of a shoe in the blood, nor was there 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 russs alibi, there is simply no way he could have committed the crime. But the state wasnt 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 evidence at the trial. And it was big. Russs alibi, she told the jury, was carefully staged for the precise intention of hiding a murder and that russs game night friends were in deep, coconspirators 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 wasnt in court to hear. But later . I thought it was beyond the pale. I mean, were innocent people. There is absolutely no evidence that we did anything wrong that night. There never will be because it didnt 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 betsys murder. So, according to the prosecutor, how did russ do it . Without getting a single drop of blood on the clothes he wore all that evening, and that night when he talked to detectives afterward. Heres 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 friends 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 russs phone back to his house, picking up an arbys 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 that . 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 dont know anybody that would lie for anybody when it comes to a crime like that, you know. I wouldnt, 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 and just trying to hold it all together. Reporter he had done everything he could to appear innocent. But was he . Coming up i couldnt really read what they were thinking, you know, up until they spoke. The jury delivers its verdict, but this case is the opposite of over. In our next hour new witnesses, new evidence, and a new account of the night of the murder. She remembered seeing a car parked in an odd position down the street. And there were two guys in there. Reporter but first, a judges almost unheard of ruling. Its incredibly rare, having happened only three times previously in the state of missouri. Reporter ever . Ever. When dateline continues. cause its a messy world out there. Its Olive Gardens new take on lighter italian fare. Three new mediterranean inspired dishes. Savory shrimp scampi sauteed in a mouthwatering garlic sauce. And flavorful new chicken piccata. All under 575 calories. Only at olive garden. Despite an alibi corroborated by several friends, russ faria is charged with murder in the case of his wife. Again, Keith Morrison. Reporter theres 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 couldnt really read what they were thinking. Up until they spoke. Reporter betsys family stared and listened. And when you heard it . Relief. Huge relief. Reporter relief because the verdict was guilty. Guilty of firstdegree murder. Russ faria struggled to maintain his composure. It was devastating. But i was trying mbest to hold it together because my familys behind me and i can hear them crying. The worst part of it was looking at russs face. He was in shock. He couldnt believe it. And i havent lost sleep in a long time over something in this business and i lost sleep. Reporter russs attorney was convinced that a terrible injustice had just occurred. But betsys family did not agree. They wanted to blame somebody and the police were telling them that it was me. Reporter which was exactly right, said betsys mother, all the more convinced that justice had been done. T qpconvencido que supporters might tell her. If somebody were to come to you with evidence, strong evidence, that it wasnt russ, but it was some other person, is that something that you would accept . I would still feel its russ, 100 . Reporter a month after his trial, just before christmas 2013, russ faria was sentenced to life in prison. He filed an appeal. And sat in his cell, unable to do much of anything except think. I cant imagine ever being mad enough to do anything like that to anybody, let alone my wife whom i love. Ive never stopped loving my wife. Im innocent of this. I did not kill her. Whats 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 didnt kill betsy. And if russ didnt, then a jury should hear all the information. Reporter so schwartz submitted the usual paperwork. And then he too, was forced to wait. For how long, who knew . You never know. The response is truthfully how long is a piece of string. It just depends. Im 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 betsys Life Insurance payout to pam hupp . Pam told detectives the moneye31 was for betsys 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 isnt 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. Thats exactly correct. Reporter then in july 2014, pam was questioned by lawyers representing betsys daughters, who are suing her over the insurance money and that time pam said that the money was never intended for betsys daughters. Betsy wanted her to have the money all for herself. Did she mention to you that she wanted the money to be used for her daughters . Absolutely not. She never said anything like that . 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 states 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. However, we had what i know to 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. Its incredibly rare having happened only three times previously in the state of missouri. Ever . 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 dont want to have another trial, weve got a good case. You know . And im a better lawyer today than i was three years ago. Reporter and pam hupp agreed when askey suggested that Joel Schwartzs bruised ego was the reason for the special hearing, and it was a waste of her time and taxpayer money. So id be happy to take him on again. I mean, ive also got another 3,000 cases that need my attention. And when i spend all my time keep redoing them right. Just because somebody got their feelings hurt because they lost. Schwartz isnt used to losing. Right. And so thats really what its about in my opinion. Thats what its about, so to me its doing a disservice to the taxpayers and citizens here. Reporter was she right . A week later, on a june morning in 2015, a judge would decide. Hurt feelings or injustice . Coming up, a new witness echos pam hupps claim that in at least one important way, betsy did not trust russ. 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However if youre going to write a denial, thats 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, were 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 didnt 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. Russ faria would get a new 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. Thats not so easy to do. No, not at all. And i didnt 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, didnt believe an innocent man should be sitting there, and he worked with me. Reporter mary put up her home as collateral. Im that positive in his innocence and that hes not going anywhere. Reporter and less than two weeks after the hearing, mary, relatives and friends all piled into a bus provided by a generous supporter and showed up unannounced at the jail, where russ, whod 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 cant breathe. Whod 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 he could the life hed missed 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 hed be convicted again and sent right back to 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 shouldve been. So that people can renew their faith in the justice system. Reporter except perhaps he didnt know what the prosecution was finding out about him. A whole new investigation was opened. Detectives dug up brandnew material. The prosecutor declined to excellent on her n comment on her new evidence or anything else. So we learned what we could from some of the states new witnesses like betsys longtime 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. Its rare to have a High School Friend you are able to kind of reconnect with and remain close to. Oh, yeah. Pick up where we left off. Reporter betsy confided in her, said rita, especially about her cancer. She came to my house once and i didnt even know she was upset at the moment. We talked about a few things and then she just broke down bawling. And shes like, im going to kill myself. But then there would be days where you would never even know she had cancer. Wed go play tennis out of the blue and id say, are you feeling good and shes 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 betsys face was on the tv. Thats how i found out. What is that like . I cried. I called my husband immediately and said, youre not going to believe this but betsys gone, betsys 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 betsys 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 uhhuh 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, youll 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 russs 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 didnt look good for russ. 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 didnt 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 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. Reporter but if betsy wanted a friend to take charge of her money, maybe she went next to her friend pam hupp. Did ritas story mean russ had a motive to kill betsy . And how about this . Pam hupp, the states 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. She did. Coming up, from out of the blue a dramatic new claim about betsys personal life. She revealed that she and betsy had had an intimate relationship. Reporter when dateline continues. Aaaaaaaand were 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. Something to smile about. Here in vineland, new jersey where progresso light soups are made, well never give up our cheddar, our cream, and especially our bacon. So we figured out a way to add rich ingredients like this into 22 light soups, all with 100 calories or less per serving. So if you want to eat light and not give up rich flavor, do what we do. Make it progresso. Pam went to talk to detectives soon after russ was released from jail. And told them a secret something very surprising indeed. She revealed for the first time that she and betsy had had an intimate relationship. Robert patrick has been watching the russ faria case just as we have. Hes a reporter for the st. Louis postdispatch. And he, too, was taken aback by pams story of an affair with 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 surrogate role as partner. I knew everything about every member of her family, about everything theyd done. Heres pam telling the detectives. I knew the most intimate of intimate of family stuff from her. Okay. So our relationship started pretty soon fast of i was a huge confidante of hers. I dont tell other peoples business. I dont really care right. About that stuff. So she knew that she could talk to me about anything, and it wouldnt go any farther. Right. So that we had a special bond that way. It wasnt 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. I replaced what a husband would be. Its honestly a relationship with two women who really arent attracted to women. I dont know how to explain that. Its not im attracted to men. Love everything about them. Cant wait till magic mike xl comes out, but shes the same way. Its not like she was a lesbian or anything. It wasnt 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 russs face. And she talked about me all the time and it bothered him. And that angered him . Because it wasnt just well, bothered is one thing. Well, he thought it was sex. At that time, it wasnt even sex. He thought that was part of it because she likes sex, but thats not true. Well, and and youre absolutely right. I dont think the sex would have bothered him as much, again, as no, he wouldnt 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 theres a lot of people like that theres 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 redfaced kind of like a gritted teeth . Oh, hes 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, ill bury you out in the 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. Im leaving her with this [bleep] coming home. I know hes coming home. She knows hes coming home. We both know theres going to be a big thing going on, and i left her there. Right. And i felt guilty, but i didnt 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 farias old house and took pictures. And kind of looked down the street in different ways and she said that she remembered seeing russ that night. 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 its potentially a huge gift to the prosecutors. Like, hey, weve 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 shes 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 shed uncovered what she said was a true scandal. Russ had a girlfriend, said prosecutor askey, was stepping out with her at the time of the murder. A girlfriend, who it seemed, was having his baby. Heres 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 betsys laptop, a letter that spelled out her fears about russ. This was the proverbial smoking gun. The prosecutor called it betsys basically dying declaration. Talked about betsy having a pillow put over her face, feeling threatened by russ, talked about the insurance. Heres this really bad guy whos 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 betsys daughters. It ended with a line that, looking back, could be considered prophesy. She says if anything happens to me, give this to the police. 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 prosecutions 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. Mobile entertainment, connected cars, and connected homes. It grows as you grow. Extending your reach to pull you closer to what you need and the people you love. Because you are still evolving and so are we. With a network that is invented and reinvented every day to work for you how and where you need it. This is your network. The network of at t. Feel the spark of emotion lifeel warm inside. Of you. Feel our big beautiful new candle. Feel glade. Sc johnson. La and at the entrance to the courtroom, bags were inspected, police used wands to check for contraband, or metal in peoples pockets. But resentments festered. The treatment, to some people, didnt seem equal. Betsys side, they could cut in line. They didnt get patted down. They didnt use a wand. They didnt 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 didnt 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, the bloody slippers, russs alleged abusive and controlling behavior, and so on. Heres a bad guy. Hes mean to his kids. Hes mean to his dog. Hes mean to his wife. Theres 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 sheriffs 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 betty and then cleaned up in the 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 dont believe it. Awfully a convenient recollection to have years later. Reporter what about pam hupps story about a secret, intimate relationship with betsy . I dont 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 states case didnt 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. Pams story became its called super charged. As she continued to speak with the detectives, the stories became more outlandish. 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 . Its 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 shed only met russ a few times. He seems nice enough. I just dont 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 being killed . Yes. Reporter in july 2014, when pam was questioned by lawyers representing betsys 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 boxers brain. Severe head injuries, three accidents in a row. Reporter but just as astonishing as her inconsistencies, said the Defense Attorneys, was where 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. Until a few months later when she said yes. Who do you believe that person was . I believe it was russ. The police in in effort to enhance miss hupps 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, its so brazen to be doing it on a recording so that everyone can hear it. Reporter pams inconsistencies, said the defense, were rampant. And it wasnt 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 states allegation that russ was having an affair when betsy was murdered and the woman was possibly pregnant with his baby at the time . A little factchecking might have been a good idea. While the woman did have an affair with russ, it was way before betsy was murdered. And while she once claimed she had russs baby while he was in prison, that simply wasnt 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 dont know why im here. Reporter surprise there was another one coming, too. Didnt 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. Reporter when dateline continues. Y ma . Always life is unpredictable, so embrace it head and shoulders. Live flake free for life things just got a whole lot a littlebetter. Introducing entrees loaded with flavor, not calories. Applebees grill bar favorites made a little better for you. Featuring new dishes, all under 650 calories and starting at just 9. 99. One of many pieces in my life. 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Every time her people went up, joel would come back and he would just shoot em down. Reporter Joel Schwartz, russs attorney, was having some success crossexamining the prosecutors witnesses. Like, for example, rita wolf, who was called by the prosecution, but the defense i talked to them as well. Uhhuh. 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. Hed 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 didnt believe it. Id been insisting for the last two and a half years on these black photos. I didnt 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 didnt develop. Wow. Reporter those pictures, said schwartz, did not support the officers testimony about the results of that special test. And they didnt show what he wanted them to show, which is why we didnt see them in the first trial. Reporter in fact, later testing found no blood at all in the kitchen. You used a very strong word about that testimony. Perjury . Yeah. Its a strong word. Its a strong allegation. Its not an inaccurate allegation, though. But youre talking about a Police Officer . Yes, i am. Reporter when we called the officer, he strenuously rejected that allegation. He was never charged with perjury, and he accused attorney schwartz of dealing in smoke and mirrors. In any case, the defense still had a big problem, that computer document. The one addressed to pam found on betsys 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 was betsys own, very personal, dying declaration. When you got it, what did you think . I would say initial reaction was, this is troubling. Reporter so it was, because it appeared to back up pam hupps version of events. In fact, pam told detectives about the document soon after the murder. I would like to see maybe if you guys can find that letter she was going to send me. Reporter but whether they looked for it or not, they didnt find it. Not then. Not until just before the second trial, when a cyber crimes investigator finally cracked that computer. A copy of the document was turned over to the defense. It is a smoking gun, but its 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 betsys 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 betsys laptop, said the defense, without betsys 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. Reporter because, said schwartz, the document was loaded onto betsys laptop the day before pam was named the beneficiary of betsys Life Insurance policy. And just days before the murder. Its 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 youre 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 states 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. Reporter in the end, it wouldnt be a jury whod decide russ farias 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. Why in heavens name would you 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 hed find out soon enough. Coming up, the judge announces his ruling. Thats a scary moment. It was a horrible moment. After four long years, the case russ faria finally learns his fate. You know, in hindsight, i probably shoulda just started in nashville. Its Finger Lickin good. But you shouldnt forget yoforget this. C. Hep c is a serious disease. Left untreated it can lead to liver damage and potentially liver cancer. But you havent been forgotten. Theres never been a better time to rethink your hep c because people like you may benefit from scientific advances that could help cure your hep c. Visit hepchope. Com or call a hep c educator to help prepare you for a conversation with your hep c specialist. Time in the service. Community college. It matters. Its why we, at university of phoenix, count your relevant work and College Experience as credits toward your degree. Learn more at phoenix. Edu. Winter storm jonas promises to be the biggest of the decade. With total accumulation of up to three feet, roads will be shut down indefinitely, and schools are closed. Campbells soups go great with a cold, and a nice red. Made for real, real life. So we know how to cover almost alanything. Ything, even a stag pool party. party music splashing destruction splashing destruction burke and we covered it, october twentyseventh, 2014. Talk to farmers. We know a thing or two because weve seen a thing or two. We are farmers. Bumpadum, bumbumbumbum 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 youre thinking, im gonna be sick. I reached over to his sister and she had the same exact feeling. So we were sitting there holding each others hands thinking, oh, we cant go through this again. What happens . What if . What if he feels the same way those jurors did . What do we do then . We cant go through this. And he walks out and he starts talking. Thats a scary moment. It was a horrible moment. Im just standing there and im 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 youre thinking, well, now im 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. Its 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 youre thinking, did we hear it right . Is it real . Is he really coming home . Reporter he was. Russ faria was a free and final 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 yous to the people whod stuck with him, who worked so hard to win his freedom. But of course, not everybody was celebrating. Betsys 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 betsys 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 cause to believe the defendant 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. Ive 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 ultramarine scout. Reporter russs 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 wouldnt believe. In fact, one of the friends revealed here that officers leaned on him, unpleasantly. Did you feel threatened by them . Absolutely. Reporter before the second trial. Trying to get you to flip on russ . Basically yeah. And theyre 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, shes laying there. I said, i dont want to see those. I said i cant handle blood and guts stuff. And thats when they come in with trying to offer me immunity. Im like, immunity for what . Why would i need immunity . I didnt do anything. We all didnt 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 im 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 wifes death and dwell on the fact that i was locked up and made to go through all of this. And ill be miserable forever. Or i can choose to look forward and make my own future. What would she think of all of this . Shed be very disappointed in a lot of people. Reporter she, meaning, of course, betsy. Let me see your hand. Still wear your wedding ring. Yeah. I still care about betsy. I think about her every day. Ill be doing something and itll bring up a memory and, oh, betsy used to love this. Shes still alive in my heart. Thats all for this edition of dateline. Well see you again sunday 7 00, 6 00 central. Im lester holt. For all of us at nbc news, good another storm is here right now. How long it lasts into the weekend. A familys change of plans that may have saved them from this fallen tree. And super bowl city open for business. The tree didnt look very good. Heard a crack and the outcue just fell over trt 04 cont vo right now at 11 he got home. The tree didnt look very good and heard a crack and the whole thing fell over. He got home just in time. A scary situation in san jose as this wet weather turns dangerous. Im raj mathai. Jessica is off tonight. Two storms in 24 hours is taking its toll. At this hour, the latest storm moved into the bay area. Heres a look from pacifica. Its not just the rain