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Thread: Aubrey Clifton Trail - Nebraska Death Row

  1. #21
    Administrator Helen's Avatar
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    September 11, 2019

    Judge hears arguments over whether issues at Aubrey Trail’s trial warrant a new one

    By Lori Pilger
    The Lincoln Journal-Star

    WILBER — Two months after a jury here found him guilty of murdering a 24-year-old Lincoln woman, Aubrey Trail returned to court with his attorney, arguing he should get a new trial over issues in the first one.

    Among them, defense attorney Ben Murray said, a potential juror was kept on the panel despite saying in a questionnaire before trial that the death penalty was "too good" for Trail.

    She later said she could set that aside and base her decision on the evidence at trial.

    But Murray said the court should have struck her based on the opinion she expressed. Instead, he had to use a peremptory strike to keep her off the jury.

    Assistant Nebraska Attorney General Mike Guinan countered that using strikes is "the nature of the business."

    At trial this summer, Guinan alleged Trail and his fiancee, Bailey Boswell, lured Sydney Loofe to their basement apartment in Wilber after she matched with Boswell on an online dating app and that together Trail and Boswell carried out a plan to kill her.

    The jury deliberated for less than three hours before finding Trail guilty.

    Wednesday, Murray said that fact — along with the fact the jury didn't have the evidence from the three-week trial to review for more than a half an hour before reaching the verdict — made it obvious the jury had been prejudiced as a result of Trail's suicide attempt and other irregularities.

    He pointed to Saline County District Judge Vicky Johnson's decision to allow Loofe's mother to remain in the courtroom after she testified despite an order sequestering trial witnesses, and to deny a mistrial after Trail proclaimed Boswell's innocence and cut his throat with a razor in front of the jury.

    Murray said jurors saw Trail use a weapon against himself in a "violent suicide attempt." No matter what they said, they couldn't ignore it, he said.

    But Guinan said Trail sneaked the razor blade into the courtroom, then made "superficial cuts" to his neck.

    "This was no suicide attempt," said the prosecutor, who went on to suggest Trail likely had done it for the TV cameras or angling for a mistrial.

    He said the proper course of action was followed in this case and the trial continued.

    Guinan said all of the issues Murray raised were just "rehashes" of issues the defense raised during the trial and that the judge had already ruled upon, correctly in his opinion, and would be reviewed on appeal.

    Johnson took the motion for a new trial under advisement, though it isn't likely to lead to a new trial because she is the same judge who made the decisions at the original trial.

    Attorneys also were given deadlines to provide briefs on a defense motion seeking to have the judge declare the death penalty unconstitutional.

    If the motions are denied, the case would go on to a three-judge panel to consider whether Trail should get the death penalty for his crime. The other two judges haven't been appointed yet.

    Trail has lost about 40 pounds since his trial, his attorney says, but Murray stopped short of calling it a hunger strike. He said Trail is upset about the conditions at the Lincoln prison where he’s being held because of medical issues. He has no access to phone or TV there.

    Boswell, Trail's co-defendant, is set for trial in February in Lexington.

    https://journalstar.com/news/local/c...cac4dd8.html#1
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  2. #22
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    Aubrey Trail's motion to rule out death penalty is denied

    SALINE COUNTY, Neb. (KOLN) - A District Court Judge on Friday denied a motion filed by Aubrey Trail’s attorney to find Nebraska’s death penalty unconstitutional.

    Trail was found guilty in June of first-degree murder and conspiracy to commit murder in the death of 24-year-old Sydney Loofe. He faces the death penalty in the case.

    The motion was filed in September, asking the judge to rule the death penalty unconstitutional because “it permits judges, not juries, to make factual findings necessary to impose death sentences.”

    Judge Vicky Johnson said in conclusion that “None of Defendant’s grounds have merit and have previously been determined adversely to his position by the Nebraska Supreme Court”.

    The court has yet to make a ruling on another motion filed by Trail in September to grant him a new trial.

    Trail's alleged accomplice, Bailey Boswell, is scheduled for a First Degree Murder trial in March, after a change of venue request was granted. The trial will be held in Lexington.

    The two were arrested after Loofe went missing in November 2017. Her body was found dismembered in rural Clay County.

    https://www.1011now.com/content/news...564253511.html
    Last edited by Steven; 11-02-2019 at 05:19 AM.

  3. #23
    Moderator Ryan's Avatar
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    December 5, 2019

    State argues against new trial for Aubrey Trail, submits evidence outburst was planned

    SALINE COUNTY, Neb. (KOLN) - Convicted murderer Aubrey Trail appeared in Saline County Court on Wednesday morning, and the State of Nebraska provided new evidence that his motion for a new trial should be denied.

    On July 10, Trail was convicted of murdering Sydney Loofe, 24, in November of 2017. His co-defendant, Bailey Boswell, is scheduled for a first-degree murder trial in March.

    A week after jurors found him guilty of first-degree murder, Trail filed a request for a new trial, saying an outburst during the original trial, in which he cut his throat with a razor blade, tainted the jury.

    On Wednesday, the State of Nebraska presented evidence in hopes of dismissing that motion. The State submitted a sealed affidavit from a law enforcement officer which reportedly offers proof Trail planned the outburst.

    The details of the affidavit were not discussed, but matters of prison and courthouse security are mentioned.

    The State is arguing that a pre-planned outburst is not a valid reason for a new trial.

    However, Trail’s defense team is arguing the opposite, stating that if Trail planned the outburst and acquired a razor blade in advance, personnel at the Lincoln Diagnostic Center where he was being held may have been aware of his plan.

    If the staff was aware and did not report it, that would be grounds for a new trial, according to the defense.

    Judge Vicky Johnson has taken the matter under advisement, and a hearing to go over evidence and depositions is tentatively set for Dec. 31.

    Trail, who was convicted on charges of first-degree murder and conspiracy to commit murder, is also facing the death penalty.

    According to Trail’s defense team, it is unlikely any death penalty hearings move forward until the request for a new trial has been resolved.

    https://www.1011now.com/content/news...565779512.html
    "How do you get drunk on death row?" - Werner Herzog

    "When we get fruit, we get the juice and water. I ferment for a week! It tastes like chalk, it's nasty" - Blaine Keith Milam #999558 Texas Death Row

  4. #24
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    3-judge panel picked to weigh death penalty for Nebraska man

    The Panhandle Post

    A three-judge panel has been selected to determine whether a Nebraska man will be sentenced to death or life in prison for killing and dismembering a 24-year-old Lincoln woman.

    The Nebraska Supreme Court announced in a news release that Johnson County District Judge Julie Smith and Cass County District Judge Michael Smith were randomly selected to join presiding Saline County District Judge Vicky Johnson on the panel.

    The panel will decide whether enough aggravating factors exist to sentence 53-year-old Aubrey Trail to death. Trail was convicted in July of first-degree murder in the 2017 death of Sydney Loofe.

    https://panhandlepost.com/posts/5e0f...544d3fe90e8cf7

  5. #25
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    Panel to decide on Aubrey Trail's death penalty case in June

    KHGI

    WILBER, Neb. — A three-judge sentencing panel will meet in June to decide whether convicted murderer Aubrey Trail will receive the death penalty.

    Saline County District Court records show the court set the aggravation and mitigation hearing for June 23-26.

    Earlier this month. the Nebraska Judicial Branch announced that presiding Judge Vicky Johnson requested that the Chief Justice appointment two judges as panel members, in accordance with Nebraska statute. The judges, Julie D. Smith and Michael A. Smith were randomly selected from a statewide list of judges. Johnson will serve as the presiding judge.

    Officials said hearings of the three judge panels typically occur in the same location as the original trial.

    The announcement comes just days after Trail was denied a new trial.

    In July, a jury found Trail guilty of first-degree murder and conspiracy to commit a felony in the killing and dismembering 24-year-old Sydney Loofe in 2017.

    According to court documents, Trail filed for a new trial, saying irregularities in the proceedings of the Court occurred, depriving him of a fair trial:

    • Not granting a mistrial after the Defendant yelled “I curse you all” and cut his throat.
    • Not striking jurors for cause, forcing the Defendant to use peremptory strikes.
    • Denial of the Defendant’s Motion to Sever the charges, leading to the use of hearsay evidence.
    • Denial of Defendant’s Motion to Exclude Evidence of the Home Depot purchases because the cause of death was asphyxiation, not wounds.
    • Allowing the publication of gruesome photographs to the jury
    • Allowing the victim’s mother to remain in the courtroom after sequestration.
    • The family was given preferential treatment by being escorted in by law enforcement, and a spectator wore a button of support (later removed upon notice to the Court).


    Judge Vicky L. Johnson overruled the motion for a new trial on Monday, writing that the Nebraska rule on disruptions caused by the Defendant is clear: a defendant may not cause his own mistrial through his own misbehavior.

    Judge Johnson wrote that after the defendant slashed his throat on June 24, 2019, the Court talked individually with jurors. She said all indicated that they could proceed and remain neutral, and a cautionary instruction was given.

    Judge Johnson said Trail has no evidence to support his claim of prejudice and that the State has found him competent to stand trial.

    The judge also said no evidence was found to support Trail's claim that the jurors deliberated for only two hours and were not in possession of the exhibits until 30 minutes prior to delivering a verdict due to their volume and the necessity of checking for accuracy.

    "All exhibits were published to the jury during the trial. It must also be noted that the Defendant admitted to killing the victim. The only issue for the jury to decide was whether it was accidental or premeditated. Whether the jury had the exhibits for 30 minutes or two hours is irrelevant; the jury delivered its verdict. It is not proper to inquire further into their deliberations," said the judge's decision.

    She said the remaining arguments had been addressed in previous rulings.

    https://nebraska.tv/news/local/panel...y-case-in-june
    Last edited by Steven; 01-17-2020 at 09:43 AM.

  6. #26
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    Edited:

    Man Convicted Of Murdering, Dismembering Girlfriend’s Tinder Date Must Wait A Few Months Longer To Learn Fate

    Aubrey Trail was convicted of murdering Sydney Loofe and dismembering her corpse at a trial last summer. His girlfriend, Bailey Boswell, is also charged but is yet to stand trial

    By Connor Mannion
    Oxygen

    A Nebraska man convicted of murdering and dismembering a young woman who went on a Tinder date with his girlfriend will wait until the end of the year to learn if he will be condemned to death for the crime.

    Aubrey Trail, 53, has a new sentencing hearing scheduled for Dec. 15, at which point a panel of three judges will decide if he receives the death penalty or a life sentence, the Omaha World-Herald reported. He was previously scheduled to be sentenced in June.

    Trail's 26-year-old girlfriend Bailey Boswell, who is also charged in the killing of Sydney Loofe, 24, will face trial on first-degree murder charges later this year, the outlet reported. Her trial had been postponed because of a family emergency.

    https://www.oxygen.com/crime-news/au...encing-delayed
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  7. #27
    Administrator Helen's Avatar
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    Boswell trial to begin Wednesday; charged in 2017 death of Sydney Loofe

    By Siouxland News

    LEXINGTON, Neb. — The second murder trial in the 2017 death of Sydney Loofe is set to get underway in Nebraska later this week.


    Bailey Boswell's trial is set to start Wednesday in Lexington after a family emergency and then the coronavirus pandemic pushed it back from its original March start date.


    Prosecutors have already convicted Aubrey Trail of murder in Loofe's death, but say Boswell was an accomplice.


    Trail has yet to be sentenced and faces the death penalty.

    https://siouxlandnews.com/news/local...f-sydney-loofe
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  8. #28
    Administrator Helen's Avatar
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    Jury chosen for Bailey Boswell's trial in the slaying of Sydney Loofe

    By Paul Hammel
    The Omaha World-Herald

    LEXINGTON, Neb. — Jurors will hear opening arguments Friday morning in the murder trial of Bailey Boswell, who is accused of first-degree murder in the death and dismemberment of Lincoln store clerk Sydney Loofe.

    Thursday afternoon, lawyers for the state and Boswell selected eight men and seven women for the jury.

    Twelve of those people will ultimately decide if the 26-year-old is guilty or innocent of first-degree murder, a charge that comes with the possibility of the death penalty. The three others will be alternates.

    Trail is scheduled to find out in December whether he will be sentenced to death or to life in prison.

    Boswell’s trial, which was moved to Lexington because of the publicity surrounding Trail’s trial in Wilber, is expected to last four weeks.

    Only jurors, the attorneys and three pool reporters will be allowed in the courtroom, because of COVID-19 concerns.

    On Thursday, attorneys in the Nebraska Attorney General’s Office, who are prosecuting the case, took turns questioning potential jurors with Boswell’s lawyers, who are from the State Commission on Public Advocacy.

    Boswell, dressed in a long-sleeve gray sweater and black dress, appeared much more engaged and alert than in previous court appearances. She regularly took notes as jurors were being questioned and frequently talked with her attorneys as the voir dire, or jury selection, process continued. In past hearings, Boswell — a former high school basketball standout from Leon, Iowa — stared straight ahead, emotionless.

    Todd Lancaster, one of Boswell’s attorneys, told jurors that he would not say whether Boswell will testify in her own defense. But one of his questions to potential jurors was whether they would hold it against a defendant who didn’t take the stand to tell her side of the story.

    Lancaster also asked jurors if they felt that someone who was nearby when a crime was committed should also be considered guilty.

    Lead prosecutor Mike Guinan of the Attorney General’s Office quizzed jurors about whether they had any misgivings in finding someone guilty of a crime that could be punishable by death. He also asked if jurors would be queasy viewing grisly photographs.

    https://omaha.com/news/state-and-reg...9695a9170.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  9. #29
    Senior Member CnCP Legend Mastro Titta's Avatar
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    How come this guy still hasn't been sentenced?

  10. #30
    Senior Member CnCP Legend Mike's Avatar
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    Covid.
    "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

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