Shayna Hubers will try a second time to move her retrial out of Northern Kentucky.
She’s awaiting her second trial in the murder of her former boyfriend, 29-year-old attorney Ryan Poston, in his Highland Heights apartment.
Her first try to move the murder trial ended with a notary pleading guilty to forgery.
Now a judge will consider a second petition for a change of venue, this one with 76 signed affidavits and a new notary. Hubers’ attorneys submitted it Oct. 13.
Hubers will appear in court Friday, Oct. 27, in connection with this motion and two other motions to suppress evidence, including one that claims she was not read her Miranda rights.
The murder case grabbed national headlines and the attention of national television shows, such as “48 Hours.”
The extensive media coverage is why her attorneys have argued she can’t get a fair trial in Boone, Bracken, Gallatin, Grant, Kenton, Owen and Pendleton counties.
“The severe bias in the community resulting from the excessive media coverage of the case as a whole and the police interrogation video, in particular, make it impossible for a fair trial in this case to be held in Campbell County or other counties in the Northern Kentucky media market,” Hubers’ attorneys argued in the motion.
Campbell County Circuit Judge Fred Stine tossed her 2015 conviction after Hubers’ attorney Deanna Dennison found one of the jurors was a felon. Hubers was a year into her 40-year sentence at the time.
The juror in question had been convicted of failure to pay child support in 1992. Since Kentucky law doesn’t allow felons to serve on juries, Stine granted Hubers a new trial.
Hubers’ attorneys in June submitted a petition with 156 signed affidavits. In a matter of hours, Commonwealth’s Attorney Michelle Snodgrass deemed the petition signatures fraudulent. One of the signatures was an attorney in her office, Assistant Commonwealth’s Attorney Corey Plybon.
The notary hired by the defense attorneys, Brittany Young, was charged. She pleaded guilty to forgery and is awaiting sentencing Nov. 7.
Her attorney, Jeff Lawson, told The Enquirer in June the defense team had no idea Young forged the signatures and doesn’t know why she did it.
The new petition has signatures from all over Northern Kentucky. The Enquirer attempted to contact several. One reached in Pendleton County said she thinks she remembers signing the petition, but didn’t know what the case was about.
Two other motions submitted by Hubers seek to suppress Hubers’ Facebook information and her statements in a police interview.
In the motion to suppress her statements, her attorneys claim police didn’t read Hubers her Miranda rights to remain silent and to have an attorney.
A call to the Commonwealth’s Attorney’s office wasn’t returned. Hubers’ attorney David Eldridge declined comment.