GUILTY NE - Sydney Loofe, 24, brutally murdered, Lincoln, 15 Nov 2017 #4 *Boswell appeal 2023*

[HuskerGal]

Bailey Boswell gets life in prison for killing of Syndey Loofe

 

[scoodyboo]

Here are some quotes from:
Sydney Loofe's family thankful daughter's murderers 'will never see the light of day'

"Some good, George Loofe said, has come from the loss of his daughter. There's a Sydney Loofe scholarship awarded every year through an Omaha-based group, the Set Me Free Project, that works to educate people about the dangers of human trafficking."

"If we would still be wondering where our daughter was, it would have killed us," he said. "I can't even put into words what (finding her) meant to us."

“I believe that she's as guilty or guiltier. If it wasn’t for her, my daughter would never have been there,” he said in an interview with the World-Herald after Monday's sentence was announced.

"Boswell's life sentence comes with no possibility of parole. There is a remote chance that the Nebraska Board of Pardons, years from now, might vote to commute her sentence to a period of years, which would allow the possibility of release on parole. But the Pardons Board hasn't taken such steps for many years."

 

[JerseyGirl]

Nebraska woman avoids death sentence for store clerk slaying

 

[scoodyboo]

So Trail is trying to get a mistrial based on his suicide attempt in front of jurors.

Aubrey Trail's in-court suicide attempt should have been automatic mistrial, attorney argues

Several Nebraska Supreme Court justices expressed concerns that other defendants could follow Trail's lead to stage something shocking to get a mistrial if they felt the trial wasn't going their

omaha.com

 

[JerseyGirl]

Watch now: Aubrey Trail's attorney argues in-court suicide attempt should have been automatic mistrial

"The defendant doesn't get rewarded for bad behavior," James D. Smith, Senior Assistant Nebraska Attorney General, said.

journalstar.com

 

[JerseyGirl]

Court: Aubrey Trail death sentence justified, constitutional

The death sentence Audrey Trail received for the torture and murder of Sydney Loofe of Lincoln was justified. That’s the conclusion of the Nebraska Supreme Court in an opinion released this morning.

nebraskapublicmedia.org

The death sentence Audrey Trail received for the torture and murder of Sydney Loofe was justified. That’s the conclusion of the Nebraska Supreme Court in an opinion released Thursday morning.

Justice John R. Freudenberg, writing for the court, called the crime “utterly senseless and cruel” and showed Trail "relished the killing and was bereft of any regard for human life.”

 

[JerseyGirl]

Boswell claims mass of crime photos led to unfair murder trial

Convicted murderer Bailey Boswell argues providing jurors with dozens of gruesome photographs made it impossible to get a fair trial. An appeal heard in Nebraska’s Supreme Court on Wednesday.

nebraskapublicmedia.org

During oral arguments heard Wednesday, the Nebraska Supreme Court considered whether showing dozens of gruesome photographs to jurors made it impossible for Bailey Boswell to get a fair trial.

Boswell and her attorneys used the argument in appealing the life sentence she received after a jury found her guilty of conspiring with Aubrey Trial to torture and murder Sydney Loofe of Lincoln in 2017. In a separate trial, a three-judge panel sentenced Trail to death.

The justices will review the case and determine if there is sufficient reason to review the sentence or grant Boswell a new trial. Their opinion will be released later this year.

 

[GoJacks]

Boswell claims mass of crime photos led to unfair murder trial

Convicted murderer Bailey Boswell argues providing jurors with dozens of gruesome photographs made it impossible to get a fair trial. An appeal heard in Nebraska’s Supreme Court on Wednesday.

nebraskapublicmedia.org

During oral arguments heard Wednesday, the Nebraska Supreme Court considered whether showing dozens of gruesome photographs to jurors made it impossible for Bailey Boswell to get a fair trial.

Boswell and her attorneys used the argument in appealing the life sentence she received after a jury found her guilty of conspiring with Aubrey Trial to torture and murder Sydney Loofe of Lincoln in 2017. In a separate trial, a three-judge panel sentenced Trail to death.

The justices will review the case and determine if there is sufficient reason to review the sentence or grant Boswell a new trial. Their opinion will be released later this year.

Well if you didn't do heinous things the jury wouldn't have had to see it. Pretty simple.

 

[everybodhi]

dbm

 

[everybodhi]

Boswell claims mass of crime photos led to unfair murder trial

Convicted murderer Bailey Boswell argues providing jurors with dozens of gruesome photographs made it impossible to get a fair trial. An appeal heard in Nebraska’s Supreme Court on Wednesday.

nebraskapublicmedia.org

During oral arguments heard Wednesday, the Nebraska Supreme Court considered whether showing dozens of gruesome photographs to jurors made it impossible for Bailey Boswell to get a fair trial.

Boswell and her attorneys used the argument in appealing the life sentence she received after a jury found her guilty of conspiring with Aubrey Trial to torture and murder Sydney Loofe of Lincoln in 2017. In a separate trial, a three-judge panel sentenced Trail to death.

The justices will review the case and determine if there is sufficient reason to review the sentence or grant Boswell a new trial. Their opinion will be released later this year.

Well if you didn't do heinous things the jury wouldn't have had to see it. Pretty simple.

There is precedent here and it’s not in her favor.

Nebraska Supreme Court
STATE v. BRITT
Filed March 27, 2020

4. Homicide: Photographs. Gruesome crimes produce gruesome photographs. However, if the State lays proper foundation, photographs that illustrate or make clear a controverted issue in a homicide case are admissible, even if gruesome.
5. In a homicide prosecution, a court may admit into evidence photographs of a victim for identification, to show the condition of the body or the nature and extent of wounds and injuries to it, and to establish malice or intent.
6. Photographs: Rules of Evidence. Neb. Evid R. 403, Neb. Rev. Stat. § 27-403 (Reissue 2016), does not require the State to have a separate purpose for every photograph, and it requires a court to prohibit cumulative evidence only if it “substantially” outweighs the probative value of the evidence.

Britt appeals and claims that the district court erred when it admitted crime scene and autopsy photographs over his objection..
We find no merit to Britt’s assignments of error and, accordingly, affirm his convictions and sentences.

 

[TwinkieDefense]

Aug 8, 2023 article

Convicted murderer Aubrey Trail requests state carry out death penalty, set execution date

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

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

[…]

 

[ifindedout]

Tinder killer who lured store clerk to death to 'satisfy' her own 'sexual desire' gets bad news

One of two convicted murderers of a hardware store clerk lured to her death and dismemberment through Tinder in 2017 unanimously lost out on a bid to overturn a life sentence.

lawandcrime.com

Bailey Boswell, now 30, had maintained in her appeal that the prosecution secured the first-degree murder and conspiracy convictions on the strength of graphic trial photo evidence of Loofe’s dismembered body that prejudiced the jury against her, but the Cornhusker State’s top court found the evidence was not only “relevant” to the charged offense but also “probative” as to the motive behind the shockingly violent strangulation murder perpetrated by Boswell and 58-year-old death row inmate Aubrey Trail, Boswell’s then boyfriend.

In the opinion, Justice Stephanie Stacy reportedly concluded “there is no merit to any of Boswell’s assigned errors regarding the trial court’s evidentiary rulings,” and that the challenged evidence was “relevant and probative to show Boswell’s motive and intent for engaging in the conspiracy and committing the murder with which she was charged,” the Associated Press and KETV reported.