NEWPORT, Ky. -- A judge will decide later this week whether or not Shayna Hubers, convicted of killing her former boyfriend, should get new trial based on evidence that one of the jurors in her initial trial was not qualified to serve on a jury.
Hubers admitted to police she shot Ryan Poston six times in his Highland Heights condominium in 2012; she was found guilty of murder in April 2015 after a two-week trial and sentenced in August to 40 years in prison.
WATCH our report from the day jurors recommended at 40-year prison sentence for Shayna Hubers
But according to a motion filed in Campbell County Circuit Court, Juror No. 483 did not disclose he was a convicted felon -- and therefore, was not qualified to serve on a jury.
That detail didn't come to light until early this year, when Hubers' current attorneys inspected a jury questionnaire form, they wrote in a motion filed Jan. 15. The court, the court clerk, the commonwealth and Hubers' previous lawyers were not aware of the juror’s felon status, Hubers attorneys said.
The defense attorneys said it is not clear if Juror No. 483 received a pardon from the Kentucky’s governor, or has had his right to serve as a juror restored to him in any way.
Campbell County Circuit Court Judge Fred Stine was scheduled to hear arguments on the matter on June 20. But about an hour after that hearing was supposed to begin, Stine announced it would be rescheduled for Aug. 22.
During her sentencing, Hubers claimed she was a victim of domestic violence , hoping for an earlier parole. But Stine didn't buy it, stating there was no evidence Hubers and Poston were an established, live-in couple at the time of his death.
Just before she was sentenced, Hubers made one final plea to the judge, but the case came down to one phrase:
"I listened to everything that was said in here, and I never heard a word or a look that said 'I'm sorry' to these people back here," Stine said.