Change of venue requested in third trial of Mishawaka triple murder case


A potential big development in a high profile Mishawaka triple murder case from 20 years ago.

During a status conference on Friday the defense team asked for a third trial against Wayne Kubsch to be held outside of St. Joseph County.

Kubsch was first convicted in 2000 of murdering his wife Beth Kubsch, her ex-husband and their 10-year-old son.

He was sentenced to the death penalty, but the conviction and sentence were overturned and Kubsch was re-tried in 2005.

Again, he was convicted and sentenced to the death penalty.

And, again, the conviction was overturned after the appeals court ruled jurors weren't shown a certain piece of evidence. A third trial was then granted.

The defense will have until March 16 to file the change of venue motion and the prosecutor has 10 days to respond.

Judge Jane Miller says she doesn't want to set too many future hearing dates because she doesn't know whether the venue will actually be changed. She did set a status hearing for April 6.

It was a quiet morning in court Friday's during the status conference.

Beth Kubsch's mother -- Diane Mauk -- was there. She has been waiting twenty years for justice.

Deputy Prosecutor Eric Tamashasky says she's attended almost every hearing in this case.

She didn't want to comment on Friday's hearing.

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