Judge allows state to continue with death penalty in Hupp case - KMOV.com

Judge allows state to continue with death penalty in Hupp case

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Pamela Hupp is charged with first-degree murder for allegedly killing Louis Gumpenberger at her O'Fallon, Mo. home.  She allegedly lured him there and told police he she shot him when he tried to break in. Credit:  O'Fallon, Mo PD Pamela Hupp is charged with first-degree murder for allegedly killing Louis Gumpenberger at her O'Fallon, Mo. home. She allegedly lured him there and told police he she shot him when he tried to break in. Credit: O'Fallon, Mo PD

ST. CHARLES, Mo. (KMOV.com) – A judge has allowed the state to continue with the death penalty in the case of Pamela Hupp.

Hupp is accused in the August 2016 death of Louis Gumpenberger, who was shot dead inside her home. Prosecutors said it was a plot to frame someone in a separate murder case.

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During a hearing Friday morning, the judge denied the motion to remove the death penalty for Hupp after her defense argued it was unconstitutional. The state is seeking the death penalty but it's ultimately up to a jury to decide. 

Hupp’s trial is set to start September 11 and for now, is on track for that date. To avoid a tainted jury pool, the jurors will be picked in Clay County and then sequestered for the trial, which will take place in St. Charles County.

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