Judge to decide whether Shayna Hubers gets new trial
Shayna Hubers hopes a juror's guilty plea 24 years ago for owing child support can get her a new trial.
The same judge that sentenced her last August to 40 years in prison for killing 29-year-old Ryan Poston will now decide by next Monday whether to throw out her conviction. A felon had served on her jury, something not allowed in Kentucky law.
Hubers, dressed in her orange and white prison garb, mouthed "hey momma" and waved her shackled hands to her family during a hearing on Monday.
Poston's family also sat silently watching the proceedings.
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"There's no changing the facts from the last trial," Poston's mother, Lisa Carter, told The Enquirer while leaving the courthouse. "My son was executed in his own house. This changes nothing."
Campbell County Circuit Court Judge Fred A. Stine at the hearing heard arguments from Hubers' defense team as well as the prosecution about 53-year-old former juror Dave Craig.
Craig checked the box on his juror questionnaire indicating he'd never been convicted of a felony. Craig, however, had pleaded guilty in 1992 to falling behind in child support payments, a felony in Kentucky.
Craig sat calmly Monday in a witness box, wearing casual cargo shorts and a black dress shirt, as he watched 24-year-old VHS videotape of him pleading guilty to flagrant non-support.
Craig maintained he doesn't believe he's a felon. Hubers defense team hammered Craig on what he thought when he pleaded guilty and what he thought it meant when he was sentenced to probation.
Even though Craig pleaded guilty to a low-level felony, Craig doesn't see himself as a felon, even after viewing the tape. He believes he filled out the form correctly.
"I went to court for child support payments," Craig said. "I got behind."
The defense and prosecution for more than two hours dissected Craig's questionnaire and why it's important to know whether a juror is a convicted felon.
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David Megia, who was Hubers' attorney at the time the jury was picked, said convicted felons have a bias against defense attorneys, something the prosecution scoffed at.
"You're not telling me those convicted of felonies are pro-prosecution?" said Sheryl Heeter, assistant commonwealth's attorney.
Megia responded, "Every single one of them in my experience."
Commonwealth's Attorney Michelle Snodgrass argued throwing out Hubers' verdict for Craig's conviction doesn't follow the spirit of the law. The spirit of the law, Snodgrass said, is to eliminate bias. Craig doesn't believe he's a felon, and believed it didn't influence his decision on the jury.
"You can see even as Craig sits here, he does not believe he's a felon," Snodgrass said.
Hubers' defense team of Deanna Dennison and Jeffrey Lawson argued that the court needs to follow the letter of the law. Dennison, who was Craig's attorney during the 1992 child support case, was the one who spotted Craig's service on the jury posing a potential conflict.
"Kentucky law says convicted felons don't serve on juries," Lawson said.
While tears welled up in the eyes of Poston's father, Jay Poston, he said he's confident the judge won't grant a new trial. There's no new evidence, he said. He said he believes Craig is "a decent and honorable man" who tried to do his duty as a juror.
"You learn that life isn't fair," Jay Poston said. "I wish we weren't here, but we will jump through as many hoops as we have to to defend our Ryan."
Stine said he'll render a decision as early as Thursday and no later than Monday.