Cincinnati Enquirer - Attorneys for Shayna Hubers want to block a jury from hearing her statements to police the night she killed Ryan Poston – statements a prosecutor said were part of the "Shayna Hubers Show."
Defense attorney David Eldridge said Hubers' Miranda rights were violated the night of Oct. 12, 2012, when she asked to speak to an attorney but police continued to interrogate her. Assistant Commonwealth's Attorney Kyle Burns said there was no interrogation and that Hubers spoke freely.
Burns called that night at the Highland Heights police station "The Shayna Hubers Show." He said Hubers would talk for minutes on end without being questioned. An interrogation, he said, would have "interrupted her performance."
Her statements from that night included the infamous "nose job" comment:
Police officers are seen in the video reading Hubers her Miranda rights and advising her of her right to have an attorney present.
Also Tuesday, Hubers' attorneys asked Campbell County Circuit Court Judge Daniel Zalla to move the trial to another county.
This comes two years after Hubers was granted the second trial in the killing of 29-year-old Poston in his Highland Heights apartment. The two dated off and on for a year and a half. Prosecutors say Hubers shot Poston because he wanted to end the relationship. She said she shot him in self-defense.
Eldridge argued that the case was one of the most riveting murder cases he had ever worked on and that it had captured the minds of Northern Kentucky residents.
Eldridge cited the number of references to Hubers on local media sites and played clips from the original trial, which included her sentencing and the events leading up to the retrial. He said the news coverage had painted a negative image of Hubers and "destroyed" the presumption of innocence.
Commonwealth's Attorney Michelle Snodgrass said Hubers was "just another girl accused of murder" and that the county has tried other high-profile cases without issue when trying to find impartial jurors. She also cited the Ray Tensing case, which was tried twice in Hamilton County, despite extensive media coverage.
In July 2017, in an effort by the defense to move the trial out of Northern Kentucky, it was discovered that more than 100 signatures in support of a change of venue were forged. The notary for 122 of the signatures, Brittany Young, admitted to Highland Heights Police Chief William Birkenhauer to forging all but three of the signatures she notarized.
Judge Zalla did not rule on any of the motions on Tuesday.
Hubers, now 26, was found guilty of murder in 2015 and sentenced to 40-years in prison. The case seemed closed until her attorney discovered one of the jurors had a prior conviction for unpaid child support in 1992, a felony which disqualified him under Kentucky law for jury duty. A judge threw out the conviction and granted her a new trial.