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

  1. #1
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    Bailey Boswell Sentenced to Life in Prison in 2017 NE Slaying of Sydney Loofe




    Nebraska prosecutors: Video shows 2 buying tools used to cut up woman

    OMAHA, Neb. (AP) — A Nebraska woman who went missing in November was still alive when the duo accused of killing her was caught on store surveillance video buying the tools that police think they used to dismember her, prosecutors allege in newly unsealed court documents.

    Aubrey Trail, 51, and Bailey Boswell, 23, appeared in Saline County Court on Tuesday to face charges of first-degree murder and the improper disposal of human skeletal remains in the killing of 24-year-old Sydney Loofe, of Lincoln. Trail is representing himself. The Nebraska Commission on Public Advocacy, which is representing Boswell, declined to comment Tuesday.

    Since he and Boswell were arrested weeks after Loofe’s disappearance, Trail has told several news outlets that her death was accidental, though he didn’t elaborate. In the unsealed arrest affidavit, though, investigators said Trail and Boswell were captured on video at a Home Depot in Lincoln on November 15 buying tools used to dismember Loofe, hours before Loofe’s death and while she was still at work.

    Authorities say Loofe met Boswell through the Tinder dating app and that they went on a date November 14 and planned a second one for the following night. Loofe’s mother reported her missing on November 16, and her dismembered body was found in December stuffed into garbage bags that had been dumped in a field near Edgar, about 90 miles (145 kilometers) southwest of Lincoln.

    In the newly unsealed documents, prosecutors allege that Trail told investigators he strangled Sydney Loofe with an extension cord. Investigators believe Boswell, who lived with Trail in Wilber, helped Trail dismember Loofe and get rid of her remains.

    Trail and Boswell were quickly named as people of interest in the case and were arrested in late November in Branson, Missouri, on unrelated fraud charges. They have been held in the Saline County jail since then, though the charges in Loofe’s death weren’t announced until Monday.

    Authorities haven’t suggested a motive for the killing. The Nebraska Attorney General’s office, which is prosecuting the case, said it is considering seeking the death penalty.

    http://www.wivb.com/news/nebraska-pr...man/1235138419

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    Boswell, Trail appear in court Both denied bond

    LINCOLN, Neb. — Less than a day after the Nebraska Attorney General brought charges against two suspects in the death and disappearance of Sydney Loofe, the duo appeared in county court on Tuesday.

    Aubrey Trail and Bailey Boswell both appeared by video conference in a Saline County courtroom on Tuesday morning.

    Trail appeared first, around 11:30 a.m. He was advised of both his rights and the charges facing him, which include first-degree murder and disposal of human skeletal remains.

    When asked if he understood the charges and the penalties possible, he replied that he did.

    Trail also said that he wants to revoke his right to an attorney, saying he is talking to an attorney tomorrow. The judge did appoint Joseph and Benjamin Murray as standby counsel, but said he is within his rights to represent himself.

    Trail is being held without bond, and he will be back in court on June 19.

    Boswell appeared via video monitor a short time after Trail. She also said she understood her rights, and the charges and penalties that she is facing.

    Boswell will be represented by the Nebraska Commission on Public Advocacy, and is being held without bond.

    Court documents that were unsealed on Tuesday revealed detailed information about what led up to Loofe’s death.

    In addition, the Nebraska Attorney General's Office released the following statement regarding aggravating circumstances in relation to the death penalty:

    “According to Nebraska law, a decision on the existence of aggravating circumstances doesn't need to be made until information is filed in District Court. Accordingly, the decision won't be made until that point in the proceedings.”

    Nebraska law states the death penalty can only be imposed for crimes when the aggravating circumstances outweigh the mitigating circumstances.

    An aggravated circumstance relates to the commission of an act that increases the degree of liability or culpability.

    Mitigated circumstances are happenings which do not excuse the crime, but are out of mercy or fairness in deciding the degree of the offense.

    If the the death penalty is pursued, a number of steps must be taken.

    According to the supreme court of Nebraska website:

    After a conviction in a death-penalty trial, the case moves to the sentencing phase where, among other things, jurors weigh whether there were aggravating circumstances that warrant the death penalty. The jurors make a sentencing recommendation which then goes to a three-judge panel, which must vote unanimously for the death penalty.

    Nebraska’s three judge panel process:

    The trial court makes a request to the Chief Justice for appointment of a three judge panel.

    Once the request is received from the district court, the Chief Justice and the Clerk of the Supreme Court randomly select two additional judges for the three-judge panel from a statewide list of judges.

    The judge originally assigned to the case serves as the presiding judge.

    The Chief Justice’s office prepares the Order for Appointment and the order is available to the public via the Clerk of the Supreme Court. Occasionally there are adjustments to the judges who are assigned to the panel. Those changes are also maintained by the Clerk.
    Hearings of the three judge panels are generally held in the same location as the original trial.


    http://www.1011now.com/content/news/...485267311.html

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    Administrator Helen's Avatar
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    Sydney Loofe was strangled with extension cord, according to court documents

    By Paul Hammel and Alia Conley
    Grand Island Independent

    LINCOLN — Sydney Loofe was strangled to death with an extension cord and her body was dismembered by Aubrey Trail and Bailey Boswell, authorities allege in court documents unsealed Tuesday.

    Both Trail and Boswell have been charged with first-degree murder and abandoning human skeletal remains. They are appearing in Saline County District Court this morning.

    Authorities say that the pair killed Loofe, 24, on Nov. 15 or 16. Loofe was reported missing to authorities by her mother at 5 p.m. on Nov. 16.

    Boswell, 24, using a profile with the name “Audrey,” met Loofe through a dating app called Tinder, according to court documents. About 140 messages were sent between the two women from Nov. 11 to Nov. 15. They went on a date on Nov. 14 and planned to go on another one on the next day.

    Video surveillance at a Lincoln Home Depot store show Trail and Boswell purchasing items on Nov. 15 that investigators believe were used “in the dismemberment and disposal” of Loofe's body.

    The last message Boswell sent to Loofe was at 6:54 p.m. on Nov. 15, telling Loofe she had arrived at her home.

    Authorities determined Loofe’s cell phone pinged with a tower near Wilber about 8:30 p.m. that night.

    Boswell and Trail lived in a basement apartment at 621 W. Seventh St. in Wilber. Authorities searched the residence on Nov. 19 and noticed the walls appeared “wiped down in an effort to clean them,” the documents said.

    Loofe’s remains were found in rural Clay County on Dec. 4, and other parts of her body were found in garbage bags east of Clay Center in Clay County on Dec. 5.

    Loofe, a native of Neligh, Nebraska, died of strangulation, according to an autopsy.

    Trail has told police that he strangled Loofe to death with an extension cord and Boswell helped clean up the crime scene and disposing of Loofe’s body.

    Trail, in calls to The World-Herald and other media, had acknowledged that he was responsible for Loofe's death.

    He has claimed that Loofe was a willing participant in a sexual fantasy with himself and at least two other women, and that she was accidentally choked to death. Boswell, he said, was not involved.

    Loofe’s parents, George and Susie Loofe, declined to comment Monday evening through a reporter with their hometown paper.

    But in a post on a “Celebrating Sydney Loofe” Facebook page established by the parents, they had written that they suspected she was a victim of human trafficking. They wrote that their daughter felt lonely despite seemingly having many friends, and struggled with anxiety and depression.

    “She was looking for that one special person with whom she could spend time,” the parents wrote. “She took to Tinder to look for that person and unfortunately, found someone that had nothing but evil plans for her.”

    Trail, whose criminal record includes two stints in Nebraska prisons for forgery and bad checks, and Boswell, a former high school basketball standout from Leon, Iowa, who had a marijuana possession charge in her past, were quickly identified as "persons of interest" in the case.

    They left the state, apparently traveling to a casino in Council Bluffs before heading to Branson, Missouri, where they were arrested. Before that, they took to Facebook, posting a video denying that they were involved.

    They said they had met Loofe and driven around doing drugs, but nothing more.

    The pair were suspected in a trail of thefts involving antiques, coins and bad checks from Pennsylvania to Utah. Trail was well known to local antique dealers, who were wary of his activities. How, exactly, they landed in Wilber, a farm town southwest of Lincoln, is not known, but Trail has an ex-wife who lives in Falls City.

    They have been in jail since November when federal authorities charged them with defrauding a Hiawatha, Kansas, couple out of $375,000 as part of a scheme to buy a rare coin overseas.

    Trail and Boswell recently pleaded guilty to those federal charges and are awaiting sentencing.

    Trail, in a phone call to The World-Herald, has said he believes in the death penalty and feels he deserves it.

    “A life for a life — that’s the rules in my world,” he said. “I should be put to death.”

    Jeri Anderson, a former Neligh mayor, said Monday evening that the ordeal has been devastating to the family and the community.

    “They need closure,” Anderson said of the Loofe family. “And (Trail and Boswell) need to be held accountable.”

    Loofe was described by those who knew her as a caring friend who went out of her way to help those in need. She came from a devoted Lutheran family, and was involving in sports, band, one-act plays and Future
    Business Leaders of America in high school. Her father was the principal at the high school, and her mother, a teacher.

    Recently, a memorial scholarship was established in the name of Sydney Loofe, who graduated from Neligh-Oakdale High School, by the Set Me Free Project, an Omaha-based nonprofit that seeks to educate youth about the dangers of human trafficking.

    The Ponca Tribe of Nebraska also has dedicated a memorial bench in her honor along the Elkhorn River in a Neligh city park that was a favorite of Sydney Loofe.

    http://www.theindependent.com/crimes/news/sydney-loofe-was-strangled-with-extension-cord-according-to-court/article_c637a37c-6e5c-11e8-89fe-ab76fe90eb4d.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

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    Boswell waives right to preliminary hearing

    Bailey Boswell waived her right to a preliminary hearing on Tuesday morning in Saline County court.

    Boswell appeared in person for the first time, and decided to waive her preliminary hearing.

    Her case is now bound over to District Court, and she will appear next on August 6 at 10 a.m.

    Boswell and Aubrey Trail are being charged with first-degree murder of 24-year-old Sydney Loofe.

    Trail pleaded not guilty to the charges in District Court on July 13, and prosecutors are seeking the death penalty against him. It is unclear if the death penalty will be sought against Boswell.

    According to an unsealed probable cause affidavit, Loofe's dismembered remains were found in garbage bags east of Clay Center on December 4th and 5th.

    The documents also reveal security video from Home Depot in Lincoln on November 15 shows Trail and Boswell purchasing tools and supplies believed to be used in the dismemberment and disposal of Loofe's body.

    The court records indicate at that time, Loofe was still alive, and began her shift at Menards later that day.

    In addition, a forensic pathologist determined the cause of death to be homicidal violence including strangulation.

    According to court documents, Trail acknowledged he strangled her to death with an extension cord and Boswell assisted in cleaning up the crime scene and disposing of Loofe’s body.

    Timeline of events:

    Nov. 14- Boswell picks up Loofe, the two hang out
    Nov. 15- Boswell picks up Loofe again, they hang out, according to Boswell, Loofe asks to be dropped off at friend’s house
    Nov. 16- Loofe is reported missing
    Nov. 19- Trail’s home is searched in Wilber
    Nov. 28- Boswell and Trail are named persons of interest in the case
    Nov. 29- 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- FBI recovers Loofe’s body in rural Clay County
    Dec. 5- FBI and LPD hold press conference regarding Loofe's case, authorities say there’s evidence of foul play
    Trail and Boswell are persons of interest still being held in Saline County Jail after their arrests in Taney County, Missouri
    Dec. 7- Boswell and Trail charged with transporting stolen merchandise across state lines, declared flight risks after Boswell said she’s leaving the country
    Dec. 12- Indicted on transporting stolen items, remain incarcerated for it
    Jan. 4- Trail is no longer at the Saline County jail, is moved to max security detention center in Leavenworth, Kansas
    Boswell is still in the Saline County jail
    Jan. 18- Boswell and Trail are indicted on more than dozen federal fraud charges
    Jan. 22- Boswell pleads not guilty to federal fraud charges
    Jan. 25- Trail pleads not guilty to federal fraud charges
    Feb. 2- Trail tells 1011 NOW he killed Loofe
    March 13- The federal fraud trial for Trail and Boswell is continued until May
    March 22- Trail requests change of plea hearing for his case relating to federal fraud charges
    April 3- Trail signs a plea agreement
    May 4- Boswell signs a plea agreement
    May 8- Both Trail and Boswell change their pleas to guilty in the federal fraud case, they're set for sentencing in August and face 10 years in prison
    June 11- Trail and Boswell are charged with 1st-degree murder and improper disposal of human skeletal remains in Loofe's death

    http://www.1011now.com/content/news/...489012321.html
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  5. #5
    Senior Member CnCP Legend CharlesMartel's Avatar
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    Quote Originally Posted by Heidi View Post
    Boswell waives right to preliminary hearing
    What the hell she is got to say. Nothing she has nothing to say, she is the "evil". She deserve her punishment and I hope she will get dp.
    In the Shadow of Your Wings
    1 A Prayer of David. Hear a just cause, O Lord; attend to my cry! Give ear to my prayer from lips free of deceit!

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    Administrator Heidi's Avatar
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    Death penalty being sought in Boswell case

    The State of Nebraska will seek the death penalty for Bailey Boswell, one of two people accused of killing 24-year-old Sydney Loofe in November, 2017, according to court documents.

    According to the court documents, the state will seek evidence of aggravating circumstances since the murder “manifested exceptional depravity by ordinary standards of morality and intelligence."

    The death penalty is also being sought against Aubrey Trail, the other person charged in the case.

    If found guilty, a panel would decide whether the death penalty is warranted in a separate hearing.

    Boswell is scheduled to be in court next on August 6 at 10 a.m.

    According to an unsealed probable cause affidavit, Loofe's dismembered remains were found in garbage bags east of Clay Center on December 4th and 5th.

    The documents also reveal security video from Home Depot in Lincoln on November 15 shows Trail and Boswell purchasing tools and supplies believed to be used in the dismemberment and disposal of Loofe's body.

    The court records indicate at that time, Loofe was still alive, and began her shift at Menards later that day.

    In addition, a forensic pathologist determined the cause of death to be homicidal violence including strangulation.

    According to court documents, Trail acknowledged he strangled her to death with an extension cord and Boswell assisted in cleaning up the crime scene and disposing of Loofe’s body.

    Timeline of events:

    Nov. 14- Boswell picks up Loofe, the two hang out
    Nov. 15- Boswell picks up Loofe again, they hang out, according to Boswell, Loofe asks to be dropped off at friend’s house
    Nov. 16- Loofe is reported missing
    Nov. 19- Trail’s home is searched in Wilber
    Nov. 28- Boswell and Trail are named persons of interest in the case
    Nov. 29- 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- FBI recovers Loofe’s body in rural Clay County
    Dec. 5- FBI and LPD hold press conference regarding Loofe's case, authorities say there’s evidence of foul play
    Trail and Boswell are persons of interest still being held in Saline County Jail after their arrests in Taney County, Missouri
    Dec. 7- Boswell and Trail charged with transporting stolen merchandise across state lines, declared flight risks after Boswell said she’s leaving the country
    Dec. 12- Indicted on transporting stolen items, remain incarcerated for it
    Jan. 4- Trail is no longer at the Saline County jail, is moved to max security detention center in Leavenworth, Kansas
    Boswell is still in the Saline County jail
    Jan. 18- Boswell and Trail are indicted on more than dozen federal fraud charges
    Jan. 22- Boswell pleads not guilty to federal fraud charges
    Jan. 25- Trail pleads not guilty to federal fraud charges
    Feb. 2- Trail tells 1011 NOW he killed Loofe
    March 13- The federal fraud trial for Trail and Boswell is continued until May
    March 22- Trail requests change of plea hearing for his case relating to federal fraud charges
    April 3- Trail signs a plea agreement
    May 4- Boswell signs a plea agreement
    May 8- Both Trail and Boswell change their pleas to guilty in the federal fraud case, they're set for sentencing in August and face 10 years in prison
    June 11- Trail and Boswell are charged with 1st-degree murder and improper disposal of human skeletal remains in Loofe's death

    http://www.1011now.com/content/news/...489756341.html
    An uninformed opponent is a dangerous opponent.

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  7. #7
    Administrator Helen's Avatar
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    How dumb are these criminals buying supplies to dismember a body when the victim is still alive.
    "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

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    Senior Member CnCP Legend CharlesMartel's Avatar
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    Aubrey Trail chuckles, grandma of Bailey Boswell cries as Trail and Boswell are sentenced to prison in fraud case

    By Paul Hammel
    Omaha World-Herald

    LINCOLN — Aubrey Trail chuckled and Bailey Boswell's grandmother cried Friday as Trail and Boswell — charged in the slaying of Lincoln store clerk Sydney Loofe — were sentenced to prison for defrauding a Kansas couple out of $400,000.

    At one point during Trail's sentencing hearing in U.S. District Court, he alleged that Loofe was somehow involved in the fraud, which involved a scheme to buy a rare and expensive coin overseas.

    Trail, dressed in an orange jail jumpsuit, claimed that prosecutors were glad to reach a plea deal in the fraud case to "ensure that the role and involvement of Sydney Loofe was never brought to light."

    Trail's court-appointed attorney, Corey Reiman, had no comment about the allegation. Neither did Ben Murray, a lawyer from Hebron, Nebraska, appointed to represent Trail on murder charges in Saline County.

    Murray said he had no idea about Trail's contention because he has yet to receive all the evidence compiled by investigators in the murder case.

    In two separate sentencing hearings Friday, U.S. District Judge John Gerrard gave Boswell, 24, five years in prison and Trail, 51, 10 years in prison. Gerrard ordered Trail to pay $407,782 in restitution to the Hiawatha, Kansas, couple from whom Trail had stolen.

    The couple had financed trips to Paris and other expenses over a 2½-year period for Trail, thinking it would lead to the purchase of a rare coin.

    For a while after she joined the swindle, Boswell, a former basketball standout from Leon, Iowa, thought the coin actually existed. She was ordered to help Trail pay about $198,000 of the restitution.

    The judge said neither Boswell nor Trail had expressed remorse for their actions, and they deserved harsh sentences for ruining the victims' lives "financially and emotionally."

    Gerrard called Trail a "thief and swindler" whose career, since age 17, has been a series of crimes.

    "It's quite apparent that you have little regard for the law," the judge said just before giving Trail the maximum possible sentence under federal guidelines.

    Trail, who was shackled at the waist and ankles, responded by chuckling.

    "I'm facing the death penalty," he said. "I don't care what you give me."

    The atmosphere at Boswell's sentencing hearing Friday morning was more somber.

    A woman identified as Boswell's grandmother wiped away tears after Boswell's sentence was announced.

    As she was led out of the courtroom, Boswell mouthed "I love you" to her grandparents, who were sitting in the courtroom. Her grandmother responded, "I love you, too."

    The grandparents did not respond to questions as they left the courtroom.

    Boswell's court-appointed attorney had asked for a lighter sentence, saying her client had been a good girl and good student from a "solid home" whose life drastically changed after a life-changing event in college.

    "She became lost after that," said federal public defender Jessica Milburn, who declined to detail the event.

    Meanwhile, Assistant U.S. District Attorney Steve Russell argued for more prison time for Boswell than recommended under federal sentencing guidelines. Russell said the scheme went into "hyperdrive" when she joined in. The victims' retirement savings were wiped out, the prosecutor said.

    "They simply lost their lives," Russell told the judge. "They're too devastated to show up at these hearings."

    At Trail's hearing, the prosecutor said Trail had been convicted of crimes 21 times, and that his entire adult life was "committing crimes and taking from people."

    Boswell and Trail face more serious charges in Saline County, Nebraska. They have been charged with first-degree murder and improper disposal of a body in connection with the slaying and dismemberment of Loofe. The 24-year-old disappeared in November after arranging a date with Boswell via the Internet app Tinder.

    Prosecutors are seeking the death penalty for the pair, who had been living in a rented apartment in Wilber, Nebraska. Trail said the two had made money buying and selling antiques, but court documents claimed that more than once, the antiques were purchased with bad checks.

    https://www.omaha.com/news/crime/aub...4b6f9438c.html
    In the Shadow of Your Wings
    1 A Prayer of David. Hear a just cause, O Lord; attend to my cry! Give ear to my prayer from lips free of deceit!

  9. #9
    Senior Member CnCP Legend CharlesMartel's Avatar
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    Trail, Boswell sentenced in federal fraud case

    By Lori Pilger
    Lee Enterprises

    A federal judge on Friday sent Aubrey Trail to prison for 10 years and sentenced his girlfriend, Bailey Boswell, to five years in prison for their role in a fraud case.

    Both former Wilber residents, who face unrelated murder charges in the death of Sydney Loofe, pleaded guilty in May to a single count of interstate transportation of stolen goods.

    Trail interrupted U.S. District Judge John Gerrard as he announced his sentence Friday afternoon, saying "I'm facing the death penalty. I don't care what you give me."

    This week, state prosecutors made clear they would seek the death penalty against both Boswell and Trail in the first-degree murder of Loofe and unlawful disposal of her remains.

    In Friday's sentencing hearing, Assistant U.S. Attorney Steven Russell said Trail has engaged in nothing but criminal activity from the age of 17 to 51, adding "Mr. Trail is going to commit crimes when Mr. Trail is out."

    Gerrard gave him the maximum sentence, telling Trail that his scheme was "beyond the pale," devastated his victims and "you've shown not one speck of remorse."

    In a rambling statement, Trail thanked the prosecutor for not taking him to trial and for the first time insinuated that Loofe had some involvement in the crime.

    The 24-year-old Lincoln woman went missing after a Nov. 15 date with Boswell. Her dismembered remains were found in trash bags Dec. 4 and Dec. 5 in rural Clay County.

    Earlier Friday, Gerrard went beyond sentencing guidelines in giving Boswell five years in federal prison.

    "What I didn't hear was one iota of remorse," he said.

    In the fraud case, Russell last spring laid out how Boswell helped Trail scam a Hiawatha, Kansas, couple, identified only as M.E. and B.E., of hundreds of thousands of dollars by claiming a gold coin was worth far more than it was. The plot involved a website and Boswell acting as a broker to sell it.

    U.S. Magistrate Judge Cheryl Zwart asked Boswell at the time what she did to get the Kansas man to travel to Beatrice to meet her in a parking lot Oct. 20, and give her $5,000 and a gun.

    "I just went there because Aubrey told me to go," she said.

    But she said she knew the coin wasn’t worth much and it was all a scam.

    The couple lost nearly $200,000 as they neared retirement, federal officials have said. "They simply lost their lives," Russell said in court Friday.

    Earlier, Russell said Trail, who had given the Kansas couple a fake name, was responsible for duping them into giving him $375,000 between December 2015 and Nov. 7, 2017.

    Specifically, Russell said, Trail was pleading to a charge for getting the couple to drive from Kansas to Falls City on Aug. 24, 2016, to give him $12,000 they thought was going toward the coin's sale.

    Before U.S. Marshals escorted Boswell out of the courtroom on Friday, she turned to her grandmother, who was wiping away tears, and said almost in a whisper, “I love you, too.”

    Boswell is to appear in court Monday in Wilber on murder charges.

    https://beatricedailysun.com/trail-b...9df564785.html
    In the Shadow of Your Wings
    1 A Prayer of David. Hear a just cause, O Lord; attend to my cry! Give ear to my prayer from lips free of deceit!

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    Administrator Heidi's Avatar
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    Bailey Boswell, charged in Sydney Loofe's slaying, files legal challenge to Nebraska's death penalty

    Bailey Boswell, who could become Nebraska’s first woman on death row, has filed a challenge to the state’s death penalty.

    Saline County District Judge Julie Smith on Monday set a Sept. 17 hearing to hear arguments on the death penalty challenge.

    Boswell appeared briefly Monday in court, where she had been scheduled to plead to charges of first-degree murder and unlawful disposal of human remains. The judge did not ask for a plea in light of the motion filed by Boswell's attorney.

    Boswell's attorney filed a motion in Saline County District Court on Friday, two days after prosecutors served notice that they will seek the death penalty for Boswell, who is accused in the slaying of Sydney Loofe of Lincoln.

    The motion argues that Nebraska’s sentencing procedure in death penalty cases is unconstitutional in several regards. The motion cites a U.S. Supreme Court ruling that overturned Florida’s sentencing procedure because only judges, not juries, could decide mitigating factors.

    In Nebraska, juries decide whether aggravating factors exist, but a three-judge panel determines mitigating factors and weighs the aggravating and mitigating factors to determine if the death penalty is warranted.

    The motion also argues that the death penalty “violates the evolving standards of decency that mark the progress of a maturing society.” The motion describes the declining number of death sentences and executions in the U.S., concluding that the death penalty has now become an unconstitutionally “cruel and unusual punishment.”

    Boswell, a 24-year-old native of Leon, Iowa, would be the first woman on death row in the state if she is found guilty and sentenced to death, according to State Department of Corrections records.

    https://www.omaha.com/news/courts/ba...dc138ce8f.html
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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