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Thread: Aubrey Clifton Trail - Nebraska Death Row

  1. #41
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    Conviction and death sentence affirmed on direct appeal.

    https://law.justia.com/cases/nebrask.../s-21-557.html

  2. #42
    Senior Member CnCP Legend Mike's Avatar
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    Convicted murderer Aubrey Trail asks state to carry out death penalty, set execution date

    By Jake Anderson
    ketv.com

    Aubrey Trail, who is convicted of murdering Sydney Loofe, has filed a motion asking the state to carry out the death penalty.

    In June 2021, a three-judge panel sentenced Trail to death for the 2017 murder of Loofe.

    In the motion, which was filed Monday, Trail also asks the Nebraska Supreme Court to set an execution date.

    "Plaintiff does not wish to conduct any further litigation staying the execution of his sentence in either the Nebraska or Federal Courts," the motion states.

    Trail and Bailey Boswell both were found guilty of first-degree murder in killing the 24-year-old Loofe. Trail's attorneys argued he unintentionally killed Loofe while engaged in a sadomasochistic consensual sex act. Trail also said Loofe was killed after a failed attempt to recruit her into his cult.

    In November 2022, the Nebraska Supreme Court rejected a series of arguments by Trail challenging his conviction for Loofe's murder and his sentence of execution for the crime.

    In his appeals, Trail challenged his first-degree murder conviction on several fronts, including the death penalty was excessive in his case. Trail also argued the death penalty sentence was unconstitutional because a panel of judges ruled on the aggravating circumstances in the case. Further, Trail maintained his outburst in the courtroom should have led to a mistrial.

    "As with these other defendants, we will not permit Trail to benefit from his own bad behavior during the trial," the Supreme Court wrote in its opinion. "While dramatic, the incident was not of such a nature to create irremediable prejudice.

    The State Supreme Court rejected that argument and several others and affirmed the constitutionality of Nebraska's death penalty and how it is administered.

    Boswell was sentenced to life in prison in Nov. 2021, avoiding becoming the first woman ever to be sent to Nebraska's death row.

    Loofe's dismembered body was found in a south-central Nebraska field three weeks after she went missing from her job as a clerk at a Lincoln, Nebraska, store.

    https://www.ketv.com/article/nebrask...-date/44765137
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  3. #43
    Senior Member CnCP Legend Mike's Avatar
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    Judge says Aubrey Trail can't demand execution date

    By Lori Pilger
    The Lincoln Journal-Star

    A district judge has quickly shot down Aubrey Trail's request to file a petition seeking to force the state’s hand to carry out his death sentence for the murder and dismemberment of Sydney Loofe.

    Early this month, Trail had filed a motion asking to file the case without paying the filing fee.

    Lancaster County District Judge Kevin McManaman since has overruled the motion "because it asserts frivolous legal positions."

    In a three-page order last week, the judge gave two reasons.

    One, he said, those whom Trail sued -- Nebraska Gov. Jim Pillen, Attorney General Mike Hilgers and Rob Jeffreys, the director of the Nebraska Department of Correctional Services -- do not have a clear duty to set his execution date.

    McManaman pointed out that only the Nebraska Supreme Court can set the date, by statute.

    "The inescapable truth is that the only entity that can give the relator (Trail) the relief that he wants is missing," he wrote.

    McManaman said Trail also can't fix it by simply adding the Supreme Court as a party because the district court, "as an inferior tribunal, has no power to tell the Supreme Court what to do."

    He said it isn't uncommon for death-row inmates to "volunteer" to be executed by choosing not to pursue postconviction relief. Since 1976, over 10% of death-sentenced prisoners executed in the U.S. had hastened their own executions.

    In Nebraska, direct appeals are mandatory in capital cases like Trail's. McManaman said it isn't clear if death-row inmates could elect to forgo further proceedings and await their execution. Though, case law suggests they could.

    But this case isn't about that, he said. Instead, Trail argues he has a clear right to his own death warrant, McManaman wrote.

    "It is true that the Supreme Court has a ministerial duty to issue a death warrant, but nothing in the statutes suggests that a prisoner can enforce that duty. Put simply, the relator does not have the right to die on demand," he said.

    The judge gave Trail 30 days to pay the fee if he wants to go forward, despite the order, which suggests the suit is likely to fail.

    Trail, 56, has said he does not wish to conduct any further litigation staying the execution of his sentence in state or federal court.

    In 2021, Trail was sentenced to death for Loofe’s murder.

    The Lincoln store clerk’s disappearance the night of Nov. 15, 2017, led to a multistate manhunt for Trail and his girlfriend, Bailey Boswell, who in Facebook videos claimed to know nothing about it. Their cellphone records, though, led police, deputies and the FBI to fields and ditches in Clay County, where they made the grisly discovery of Loofe’s remains left scattered in trash bags.

    At trial in June 2019, jurors found Trail guilty. Two years later, he was sentenced to death.

    Boswell got a life sentence for her part in the crime.

    In September, while his automatic, direct appeal still was pending, Trail sent a motion to the Supreme Court from the Tecumseh prison asking them to set an execution date. He said they refused to let him file it because he’s represented by counsel.

    Then, in November, just shy of the five-year anniversary of the 23-year-old Lincoln woman’s disappearance, the Nebraska Supreme Court affirmed his conviction and death sentence.

    In an email Thursday, Trail said he is trying to find an attorney who will help with the motion pro-bono. Lincoln attorney Tim Noerrlinger was appointed to represent him on post-conviction matters only.

    He said he would only go forward with a post-conviction motion "if it is obvious that I'm gonna sit here no matter what I do, which is what it looks like."

    "The judge's ruling was about nothing but the state's inability to carry out an execution and not letting me call their bluff," Trail wrote.

    He asked why he should even have to do all this when there's nothing stopping his sentence from being carried out.

    "Why do I have to fight to get the state to simply DO their jobs," Trail said.

    In July, the Journal Star confirmed the Department of Correctional Services was not in possession of any lethal-injection chemicals.

    Asked if steps were being taken to try to obtain them, Jeffreys said in an emailed statement: "My role and the role of NDCS is to carry out the order of the court."

    https://journalstar.com/news/local/c...024686984.html
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  4. #44
    Senior Member CnCP Legend Mike's Avatar
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    Lincoln woman arrested in extortion scheme involving prison nurse and death row inmate

    Aubrey Trail is making headlines once again, this time for extorting a prison nurse in a murder-for-hire scheme using a Lincoln woman, who is now behind bars for her role.

    According to court documents, 55-year-old Samantha Al-Rekabi was arrested over the weekend and charged with extortion. Al-Rekabi was hoping to write a book about Trail’s murder conviction and crimes. Along the way, she befriended a nurse who worked at the Reception and Treatment Center, where Trail was housed at his direction.

    The nurse had previously smuggled items in for Trail including a cell phone and tobacco. Court documents allege the nurse had told Trail of ongoing problems in her marriage and that Trail told her he had hired a hitman to kill her husband. In order to stop it from happening, the nurse had to pay him $25,000.

    In an interview with the FBI, the nurse admitted to taking out the money and giving it to Al-Rekabi hoping to avoid her husband’s killing. Law enforcement, however, do not believe the planned attack on the nurse’s husband was ever credible, instead part of an ongoing scheme by Trail.

    Al-Rekabi is due back in court next month.

    https://www.1011now.com/2023/09/19/l...th-row-inmate/
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  5. #45
    Moderator Bobsicles's Avatar
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    On February 8, 2024, Trail filed a habeas petition in federal district court, after waiving state appeals.

    https://dockets.justia.com/docket/ne...cv03032/102314
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