Lawyers withdraw request to move Shayna Hubers retrial

Posted at 4:21 PM, Jun 22, 2017
and last updated 2017-06-23 01:05:42-04

Correction: An earlier version of this story stated that Hubers' lawyers filed a new request to move the retrial. They plan to submit another request, per their court filings, but have not done so yet.

NEWPORT, Ky. -- Shayna Hubers' defense lawyers withdrew request Thursday to move her retrial out of Campbell County.

They had requested a move to Harrison County earlier in the week, arguing that extensive news coverage of her first trial in the death of Ryan Poston would make it impossible for her to receive a fair trial at home or in other nearby counties.

However, Hubers' lawyers withdrew the motion after prosecutors discovered that more than 100 affidavits filed with it had been forged, apparently by a notary.

"We were shocked and saddened to learn" of the forgeries, attorneys David Eldridge and Jeffrey Lawson said in a written statement Wednesday.

Highland Heights police are investigating the forgery, according to Police Chief William Birkenhauer.

In affidavits filed with the withdrawal, the lawyers said they hired an investigative firm to help in collecting affidavits. They said in a court filing that they plant to resubmit the motion for a change of venue later.

"Though we stand behind the merits of the motion, we cannot permit these affidavits to remain in the record in light of what we have now learned about their origin," Eldridge said in an affidavit.

Hubers is facing a murder charge in the death of Poston, her former boyfriend. Police say she admitted to shooting him six times in his Highland Heights condominium in 2012.

She was previously found guilty and sentenced to 40 years for Poston's death, but a judge later threw out the conviction after defense lawyers revealed that one of the jurors was a convicted felon not qualified to serve on the jury.

The new trial is currently scheduled to begin in January.