Legal expert: Shayna Hubers missed a 'gimme,' 'botched' question in jailhouse interview

Posted at 7:01 PM, May 15, 2018
and last updated 2018-05-16 14:46:06-04

CINCINNATI -- A legal expert thinks Shayna Hubers missed an easy opportunity.

Hubers shot her boyfriend, Ryan Poston, in the face several times six years ago. She's now at the Campbell County Detention Center, awaiting a second trial.

But when she talked with WCPO last week, she made it clear she didn't want to talk about her case -- even when asked what she'd do could she turn back the clock.

"She botched that immediately," veteran defense attorney Mark Krumbein told us.

Ryan Poston

"That's sort of surprising to me, because that would have been a great opportunity -- 'Darn right I would relive my life, I would have not gone over there.'" Krumbein said. "That was an obvious 'gimme,' but she let it go."

A jury found Hubers guilty of Poston's murder in 2015 and recommended she spend 40 years in prison. She's now getting a second trial after the revelation that one of her jurors had been a felon.

READ MORE: Here's why we interviewed Shayna Hubers

Hubers' attorneys argued in her first trial that Poston was abusive, and she shot him in self-defense; prosecutors contend she murdered an innocent man in anger when he tried to break up with her.

Of her relationship with Poston, Hubers also claimed "maybe years ago… that wasn't the right person, so we didn't understand each other." Krumbein found that remark to be haunting: During that first trial, he recalled quite a bit of evidence showed Hubers had pursued Poston.

"He was asking friends, 'How do I get rid of her?'" Krumbein said.

He also found Hubers' focus on getting a boyfriend hours after Poston's death to be a misstep. She brought it up early on, Krumbein said, and left many people "dumbfounded."

"It did not go over well, I think, with the public," he said.

Hubers is beyond boyfriend territory now, and told WCPO she's looking at marriage. In fact, she said that was her whole reason for reaching out for an interview: to protect her plans to marry fellow inmate Richard McBee, a transgender woman who identifies herself as Unique Taylor.


"We're only contacting (WCPO) to make sure those rights are respected and this process isn't thwarted because of who we are," she said. "That's what we were afraid of."

Krumbein said he's unsure if that's true love, or just a tactic.

"Some people might tend to think something may be wrong with her. I'm not suggesting that type of relationship would indicate that, but some people might think that, and that might be her angle," he said.

Poston's family declined to comment through Campbell County Commonwealth Attorney Michelle Snodgrass.

"We are going to go in and fight for justice for Ryan Poston so none of this outside craziness has anything to do with our case and it doesn't impact us," Snodgrass said.

RELATED: Will Hubers' team get changes to jury selection?

Hubers wouldn't tell us if she'll take the stand at her still-forthcoming second trial, instead preferring it remain a "surprise." Krumbein believes it would be a bad idea.

"Like when you asked her, 'Would you relive that day and make a different decision,' she sort of has a light-hearted nature," he said. "She's not a great candidate to take the stand."

Watch our entire interview with Hubers below: