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Thread: Bailey Boswell Sentenced to Life in Prison in 2017 NE Slaying of Sydney Loofe

  1. #11
    Senior Member CnCP Legend CharlesMartel's Avatar
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    Boswell's attorneys argue death penalty is unconstitutional

    By 6 News

    OMAHA, Neb. (WOWT) - Bailey Boswell's attorneys want Nebraska's death penalty done away with, saying it's unconstitutional.

    Her attorneys made their arguments in Saline County court on Monday.

    Boswell and Aubrey Trail are accused in the murder and dismemberment of Lincoln woman Sydney Loofe.

    The state is seeking the death penalty for both of them.

    State prosecutors now have until Oct. 1 to file their written response to Monday's argument.

    https://www.wowt.com/content/news/Bo...493519981.html
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  2. #12
    Administrator Heidi's Avatar
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    Judge nixes death penalty challenge by Bailey Boswell's defense attorney

    A Saline County District judge denied a defense motion challenging Nebraska’s death penalty in the murder prosecution of Bailey Boswell, according to court records.

    Judge Vicki Johnson said Boswell’s attorney failed to meet the legal burden to find the state's execution laws unconstitutional.

    Boswell is accused of first-degree murder and unlawful disposal of human remains in the death of Sydney Loofe.

    Loofe, 24, went missing after going on a date with Boswell on Nov. 15, 2017.

    Investigators allege Boswell’s co-defendant, Aubrey Trail, strangled Loofe with an electric cord before he and Boswell dumped Loofe's remains in Clay County.

    Todd Lancaster of the Nebraska Commission on Public Advocacy asked the court to find Nebraska’s death penalty statutes in violation of the Fifth, Sixth, Eighth and 14th amendments of the U.S. Constitution, citing a 2016 U.S. Supreme Court case that overturned Florida's death penalty-sentencing procedure.

    The state's capital punishment statutes do not provide guidelines or standards for prosecutors to make a "rational" determination of the aggravating circumstances needed to seek the death penalty, Boswell’s attorney said.

    He also argued that while Nebraska juries are able to determine whether aggravating circumstances exist, they are unable to assign any weight to those circumstances.

    State prosecutors countered that the death penalty statutes in Nebraska have been found constitutional in numerous cases and in a host of circumstances.

    The Nebraska Attorney General’s Office also argued that the death penalty statutes have been found constitutional when the same challenges were raised in other cases.

    In a 12-page order Tuesday, Johnson said portions of Lancaster’s attack were premature, because Boswell has not yet been convicted nor has her case been deemed eligible for the death penalty.

    “The Nebraska Legislature is the branch of government given the task of discerning whether the imposition of the death penalty violates evolving standards of decency,” Johnson said. “A trial court is bound by legal precedent.

    “The court generally agrees with the state’s position,” the judge said.

    Boswell is expected to enter a not-guilty plea and be set for trial at a hearing Dec. 17.

    Trail, who has pleaded not guilty, is set for trial in June.

    https://journalstar.com/news/local/9...7630c1b36.html
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  3. #13
    Administrator Helen's Avatar
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    Documents: Boswell, Trail planned Sydney Loofe murder months before killing

    By WOWT News

    SALINE COUNTY, Neb. -- New court documents filed in Saline County District Court on Friday reveal Bailey Boswell and Aubrey Trail conspired to commit murder months before the killing of Sydney Loofe in November 2017.

    The new records show that in July 2017, Trail and Boswell, who are both facing first-degree murder charges for the killing of Loofe, started to “promote or facilitate the commission of first-degree murder.”

    The two are now being charged with criminal conspiracy to commit murder on top of first-degree murder and improper disposal of human skeletal remains.

    Further charges of aggravating circumstances on Trail's First-Degree Murder Charge were also filed: "a substantial prior history of serious assaultive or terrorizing criminal activity" and that "the murder manifested exceptional depravity."

    The documents also state Boswell “solicited young females through social networking sites,” and the two eventually “selected a victim to murder.”

    The two then purchased the tools used to kill Loofe, and disposed of her body sometime between Nov. 15 and Dec. 4, 2017, according to the documents.

    The documents also include a list of more than 500 witnesses — many of them law enforcement, but also members of search parties who looked for Loofe after she was reported missing.

    The state is seeking the death penalty for both Boswell and Trail.

    Trail is set for a jury trial in June 17, according to the documents.

    Timeline of events of the case

    Nov. 14, 2017: Boswell picks up Loofe, the two hang out

    Nov. 15, 2017: Boswell picks up Loofe again, they hang out, according to Boswell, Loofe asks to be dropped off at friend’s house

    Nov. 16, 2017: Loofe is reported missing

    Nov. 19, 2017: Trail’s home is searched in Wilber

    Nov. 28, 2017: Boswell and Trail are named persons of interest in the case

    Nov. 29, 2017: Trail and Boswell release a video on Facebook titled “our side of it,” which was quickly removed; authorities launch a large search in Saline and Gage counties; Trail says in new Facebook video, which is later removed, they've decided to turn themselves in because it's their only viable option.

    Dec. 4, 2017: FBI recovers Loofe’s body in rural Clay County

    Dec. 5, 2017: FBI and LPD hold press conference regarding Loofe's case, authorities say there’s evidence of foul play.

    https://www.wowt.com/content/news/Co...506582491.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.”
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  4. #14
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    Boswell set for trial on murder charge in Loofe killing

    Bailey Boswell will stand trial in October on a first-degree murder charge in the slaying of Lincoln clerk Sydney Loofe, according to court documents.

    Saline County District Judge Vicki Johnson has scheduled the trial against the 25-year-old to begin Oct. 15.

    Boswell and Aubrey Trail have both pleaded not guilty to charges of first-degree murder and improper disposal of human remains in the death of Loofe, a 24-year-old whom authorities say went on a date with Boswell in Wilber Nov. 15, 2017, and then disappeared.

    Her remains were found in rural Clay County almost three weeks later.

    State prosecutors are seeking the death penalty for Boswell and Trail.

    Trail also faces a conspiracy to commit murder charge.

    There are no indications that Boswell will testify against Trail, who is slated for trial in mid-June.

    https://beatricedailysun.com/news/lo...f9e0e9715.html
    An uninformed opponent is a dangerous opponent.

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  5. #15
    Administrator Helen's Avatar
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    Aubrey Trail pleads guilty to 1 of 3 charges he faces in connection with Sydney Loofe slaying

    By Paul Hammel
    Omaha World-Herald

    The jury selection was moved from the courthouse to the Wilber American Legion Hall to accommodate the large number of potential jurors. It is expected to continue into Tuesday before a jury of 12, and three alternates, is selected. Opening statements in the trial are anticipated on Wednesday morning.

    Trail was wheeled Monday into the courtroom and Legion Hall in a wheelchair. He has suffered a stroke and two heart attacks after his arrest, and has been housed at a state prison in Lincoln, rather than the Saline County Jail, because the prison has nursing home-style beds for aged and infirm inmates. Saline County Sheriff Alan Moore declined to comment on where Trail will be housed for the trial.

    The jury selection was moved from the courthouse to the Wilber American Legion Hall to accommodate the large number of potential jurors. It is expected to continue into Tuesday before a jury of 12, and three alternates, is selected. Opening statements in the trial are anticipated on Wednesday morning.

    Trail was wheeled Monday into the courtroom and Legion Hall in a wheelchair. He has suffered a stroke and two heart attacks after his arrest, and has been housed at a state prison in Lincoln, rather than the Saline County Jail, because the prison has nursing home-style beds for aged and infirm inmates. Saline County Sheriff Alan Moore declined to comment on where Trail will be housed for the trial.

    He answered with a solid "I do" when asked by the judge if he understood the consequences of changing his plea from not guilty to guilty to the charge of improper disposal of human remains.

    The charge he pleaded guilty to Monday morning is punishable by up to two years in prison. That is much less than the life in prison or death sentence he faces if convicted of first-degree murder. But his plea change Monday will shorten the murder trial, and could mean that some grisly photos would not be shown to jurors who will be deciding whether Loofe's slaying was premeditated or accidental.

    Loofe, 24, disappeared on Nov. 16, 2017, after arranging a date via Tinder with Boswell. Trail and Boswell shared an apartment in Wilber and had participated in scams involving antiques and rare coins before they were arrested in connection with Loofe's death.

    The FBI joined the search for Loofe after she failed to show up for work at a Lincoln Menard's store. Trail and Boswell were quickly identified as "persons of interest"; they posted a video on social media claiming their innocence.

    Trail, in phone calls with reporters, had claimed that he was responsible for killing Loofe, saying it was an accidental strangling during a sexual role-playing fantasy and not a premeditated slaying.

    He has told The World-Herald that he deserves to die for what he did but that Boswell should not face the death penalty.

    https://www.omaha.com/news/courts/au...8536a514a.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

  6. #16
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    Trail Guilty Of 1st Degree Murder In Death Of Sydney Loofe

    By kfab.iheart.com

    Update: After deliberating for three hours, jurors found Aubrey Trail guilty of first degree murder and conspiracy to commit murder for the killing of Sydney Loofe.

    The family of Loofe attended today's trial and walked out in tears after hearing the verdict. The prosecutor also was seen hugging family and friends of Loofe as well as the law enforcement who worked on the case.

    Trail's defense attorney Joe Murray congratulated the prosecution after the verdict was read.

    Phase 2 of the trial will start on Thursday. Jurors will decide if this case meets the aggravating factors to make it a death penalty case. The jurors will remain sequestered until tomorrow.

    The Attorney General's Office released a statement saying it was pleased with the verdict.

    "At this time, we want to thank the following law enforcement agencies for a thorough investigation, professionalism, and support: FBI, Lincoln Police Department, Saline County Sheriff, Saline County Attorney, Clay County Sheriff and the Nebraska State Patrol.

    We offer our sympathy again to the Loofe family, hoping our system of justice provides some form of solace to them for their loss of their daughter Sydney."

    Loofe's family, friends and coworkers are also credited for helping to solve this case. Loofe sent a friend a picture of Bailey Boswell, a woman she had gone on a date with shortly before her disappearance. That photo led law enforcement to Trail and Boswell here in a hotel in Branson.

    Aubrey Trail is found guilty of 1st Degree Murder for the 2017 death of Sydney Loofe of Lincoln.

    The jury deliberated for 2 1/2 hours Wednesday afternoon. They received the case at 4 p.m., just after closing arguments were delivered.

    The prosecution described Loofe's death as a planned and targeted killing carried out by two people.

    The defense argued that Trail admitted to killing Loofe but it was an accident during a sexual fantasy. His defense also argued that Trail's actions following Loofe's death were too erratic to be planned.

    12 jurors decided Trail's fate. We will have more details as they become available.

    https://kfab.iheart.com/content/2019...n-trail-trial/
    "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. #17
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    Woman’s murder trial moved in slaying of Lincoln woman

    AP

    LINCOLN, Neb. (AP) — The murder trial of a woman accused in the slaying and dismemberment of a Lincoln woman has been moved out of Saline County.

    The Omaha World-Herald reports that the first-degree murder trial of 25-year-old Bailey Boswell has been moved more than 170 miles (273.58 kilometers) west to Lexington in Dawson County. The start of the trial has also been moved from Oct. 15 to March.

    Boswell is also charged with conspiracy to commit murder and improper disposal of remains in the November 2017 death of 24-year-old Sydney Loofe.

    Boswell’s co-defendant, 52-year-old Aubrey Trail, was found guilty of the same charges last month and faces a possible death penalty. Authorities are also seeking the death penalty for Boswell.

    Loofe’s body parts were found in 14 pieces in ditches along a state highway weeks after her disappearance. She was reported missing Nov. 16 — two days after she had gone on a date with Boswell.

    https://www.apnews.com/58ec89e4530740baaace02d86bcddd1a

  8. #18
    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
    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

  9. #19
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    Aubrey Trail's motion to rule out death penalty is denied

    KOLN

    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
    "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

  10. #20
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    Trial for woman delayed in slaying of Lincoln woman

    AP

    WILBER, Neb. (AP) — The murder trial of a woman accused in the slaying and dismemberment of a Lincoln woman has been delayed.

    The first-degree murder trial of 26-year-old Bailey Boswell had been set to begin later this month in Lexington. But a Saline County judge agreed Tuesday to a delay because of a family medical emergency within the court, the Lincoln Journal Star reported. A new trial date has not yet been set.

    Boswell is also charged with conspiracy to commit murder and improper disposal of remains in the November 2017 death of 24-year-old Sydney Loofe.

    Boswell’s co-defendant, 52-year-old Aubrey Trail, was found guilty of the same charges last year and faces a possible death penalty. Authorities are also seeking the death penalty for Boswell.

    Loofe’s body parts were found in 14 pieces in ditches along a state highway weeks after her disappearance. She was reported missing Nov. 16 — two days after she had gone on a date with Boswell.

    https://apnews.com/31041b335236b3b1c06d86983f27c786

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