Shayna Hubers, the woman dubbed the “Nose Job Killer,” has just been granted a new trial after one of the jurors that convicted her was revealed to be a felon one of her lawyers represented almost 25 years ago. The ruling came from Judge Fred A. Stine — the same judge that called the 25-year-old woman “cold-blooded” when he sentenced her to 40 years in prison for murdering Ryan Poston — after a hearing on Monday revealed that a juror pleaded guilty to a felony charge in 1992, reports the Cincinnati Enquirer.
Hubers was convicted last year after shooting her boyfriend, Ryan Carter Poston, to death in 2012. She failed to convince a jury that she shot Poston in self-defense and not out of anger because he was trying to break up with her.
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The new trial was ordered after one of the lawyers working on her appeal discovered that one of the jurors, 53-year-old Dave Craig, was a convicted felon himself. Craig fell behind on child support payments almost 25 years ago and says he doesn’t remember pleading guilty to flagrant non-support, but one of Hubers’ lawyers, Deanna Dennison, represented him during his child support case in 1992 and while researching Hubers’ appeal, recognized his name.
Under Kentucky law, felons are not allowed to serve on juries, but Dave Craig said during Monday’s hearing at the Campbell County Circuit Court that he didn’t realize he was a felon when he was completing the juror questionnaire and doesn’t remember pleading guilty in the case that eventually resulted in a probation sentence. Even after reviewing the VHS videotape of him pleading guilty, Craig does not consider himself a felon for simply getting behind on child support payments.
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Hubers’ defense team argued that felons aren’t allowed on juries because they are biased against defense attorneys, a notion the prosecution mocked. In the end, Shayna Hubers’ defense team were able to convince Judge Stine that Dave Craig is a felon that should not have been part of the jury that convicted her.
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“If we must endure another trial we do so with absolute confidence that justice shall again be served,” the Poston family said in a statement.
Ryan Poston’s mother, Lisa Carter, doesn’t believe a retrial will change the facts in the case, according to the Cincinnati Enquirer.
“There’s no changing the facts from the last trial. My son was executed in his own house. This changes nothing.”
ABC News‘ chief legal analyst, Dan Abrams, agrees that a retrial won’t result in a different outcome.
“Since there was a conviction in the first case, the defense can now review their strategy and try to fine-tune it, possibly make some changes, but in the end there is still a lot of evidence against her.”
Shayna Hubers was sentenced on August 14, 2015, for murdering her boyfriend, Ryan Poston, on October 12, 2012. The honor student shot the 29-year-old lawyer six times — the last shot was to the head — after Poston attempted to break up with Hubers, and informed her that he was going on a date with Audrey Bolte, a Miss USA contestant. The case became a media magnet because of her bizarre behavior and callous attitude during the police interrogation video which was released to the public.
In the video, she appears to be flippant as she graphically describes her version of what took place in his Highland Heights home. The jurors were convinced that she shot him in anger because she didn’t want to end the relationship and not because he was abusive and she was defending herself.
Shayna Hubers has never apologized to Ryan Poston’s family and gleefully waved to her family during Monday’s hearing, according to the Cincinnati Enquirer.
[Image via WCPO/YouTube]