By Gregory Orear
General Manager/Editor
ST. CHARLES – The Missouri Supreme Court appointed a new judge today for the Pam Hupp murder trial, a move that has at least temporarily resulted in its delay.
Scheduled to start in August, Hupp was supposed to stand trial for the 2011 murder of Betsy Faria.
However, after a hearing March 20 in which Judge Chris McDonough threatened to postpone the trial until 2028, Lincoln County Prosecuting Attorney Mike Wood said in an interview with the Journal he would be considering requesting a new judge.
Under Missouri law, prosecutors can make the request within 10 days of the accused entering a plea. Hupp entered a not guilty plea at her formal arraignment March 20, and on March 30, Wood filed his request.
Tuesday, March 31, Judge McDonough granted the request, sending it to the Missouri Supreme Court to assign a new trial judge.
Friday, the Supreme Court issued the order assigning Joseph Rathert to the trial. Rathert is a Circuit Judge in Jefferson County.
At the same time as approving the change of judge, McDonough also vacated reserved trial dates from Aug. 3-Sept. 11 in the St. Charles County Courthouse, as well as an April 28 pre-trial hearing.
When discussing the possibility of requesting a new judge, Wood emphasized the importance of having the trial this year and not delaying it any more than necessary.
He also disagreed with the judge's interpretation of a court rule relating to a defense request to move the trial out of St. Charles County, which would further delay it's start.
“I don't think he's clear on that rule. I genuinely don't,†Wood said. “And look, we have disagreements with judges' rulings all the time, respectfully … it happens a lot.â€
One day prior to filing the change of request, Wood also filed several other motions, including one to reverse the judge's decision and for a reduction in sanctions McDonough levied against Wood's office for failure to provide requested evidence.
Pam In Custody
Ironically, one of McDonough's final orders was one requesting Hupp be transferred from her Chillicothe prison cell to the Lincoln County jail for the duration of her death penalty trial, including all pre-trial hearings.
During that March 20 hearing, Hupp asked McDonough to have her transferred to another jail, citing safety issues while claiming the facility is unsanitary.
Her attorney cited the following problems after her arrival at the Lincoln County Jail:
- Had to wait two days to take a shower;
- Had to wait five hours for toilet paper;
- Shower has black mold and bugs;
- Underwear given to her to wear were blood-stained;
- Corrections officers have requested her autograph;
- Her mattress had all the stuffing ripped out of it.
Lincoln County Sheriff Rick Harrell said initially, Hupp was kept in a one-person medical cell after she arrived a few days prior to her hearing. After the judge ruled she'd be staying, Harrell said she was transferred to the facility's one female-pod which contains 24-beds.
According to the current jail roster, despite the cancellation of her August trial, Hupp remains in Lincoln County.
Hupp is currently serving a life sentence for the murder of Louis Gumpenberger.
