NEWPORT, Ky. (AP) - A northern Kentucky woman convicted of murder in her boyfriend’s slaying is asking a judge to either declare a mistrial or grant a new trial because one of the jurors on the case was a convicted felon.
Attorneys for 24-year-old Shayna Hubers submitted the motion Friday, saying that they came across Juror No. 483’s criminal history while appealing Hubers’ April conviction, news outlets report.
The attorneys say the juror didn’t disclose the conviction. It is unclear what crime the man had been convicted for.
According to the Commonwealth’s Administrative Office of the Courts, under Kentucky law, neither felons nor anyone under indictment is allowed to sit on juries. The state’s juror qualification form asks prospective jurors if they are convicted felons and, if so, if they have been pardoned or had a restoration of their civil rights.
“It is unclear if Juror No. 483 has been pardoned or received a restoration of civil rights by the Governor, but no records have been obtained to indicate he has,” Hubers’ motion said.
Hubers was sentenced to 40 years in prison for shooting 29-year-old Ryan Poston six times in 2012 after the couple fought. Hubers said she shot Poston in self-defense.
In a statement Tuesday, Poston’s father, Jay Poston, and his mother and stepfather, Lisa and Peter Carter, said that, “Regardless of the procedural outcome, we are steadfast and absolute in our resolve and determination to protect and defend Ryan’s memory and to hold the perpetrator of this unspeakable crime responsible.”
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