WILBER, Nebraska (KTIV) – A man found guilty in the death of a 24-year-old Neligh, Nebraska, woman is asking for a new trial.
On July 10, Aubrey Trail was found guilty of first-degree murder, and criminal conspiracy to commit murder in the first-degree, in the November 2017 death of Sydney Loofe.
On Wednesday, a motion was filed in Saline County District Court through Trail’s counsel for a new trial. According to court documents, the filing claims Trail was prevented from having a fair trial in part due to irregularity in the proceedings of the court.
The filing said this claim is not limited to the court’s decision to allow gruesome photos “which unfairly prejudiced the jury”, a denial of Trail’s motion for a mistrial after he sliced his throat with a razor in front of the jury on June 24, and allowing Loofe’s mother to remain in the courtroom for the balance of the trial, thereby preventing Trail’s defense from recalling her as a witness.
Bailey Boswell, Trail’s girlfriend, is also charged with first-degree murder and improper disposal of human skeletal remains in Loofe’s death. Her trial is set to begin in October in Saline County District Court.
Loofe’s remains were found in ditches along a state highway, weeks after her November 2017 disappearance.
Prosecutors are seeking the death penalty for Trail and Boswell.
After his guilty verdict, Trail waived his right to a jury hearing to see if there are aggravating circumstances involved in the crime.
Instead, he is electing to send the case to a three-judge panel for a death penalty hearing.