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

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Sentencing date set for convicted murderer Aubrey Trail

April 16, 2021

WILBER, Neb. — A Wilber man accused of killing and dismembering a woman will soon learn his fate.

According to court records, Aubrey Trail, 54, is scheduled to appear Saline County District Court at 9 a.m. June 9 before a three-judge panel for sentencing. The panel consists of Judges Vicky Johnson, Susan Strong and Michael Smith.

I see that this article says 9am - but the court site says 10am....
 
Niner said:
I can't access this article - and was wonding if someone could give a 10% synopsis on it - TIA!

Bailey Boswell's attorney wants probation office to look into prison's plan if a woman is sentenced to death
Click to expand...
"The NDCS has a policy and procedure for housing male inmates sentenced to the death penalty, but does not have a specific policy or procedure for housing female inmates sentenced to the death penalty," Todd Lancaster of the Nebraska Commission on Public Advocacy said in the motion filed this week. "This means that a female inmate sentenced to the death penalty will be treated differently and in a harsher and more restrictive way than male inmates similarly situated."

Nebraska never has had a woman on death row."

It goes on to say that because Boswell is at the womens' prison in York she would need to be in permanent restrictive housing to follow the same rules that apply to men on death row at the prison in Tecumseh and that this would be unconstitutional cruel and unusual punishment.
 
scoodyboo said:
"The NDCS has a policy and procedure for housing male inmates sentenced to the death penalty, but does not have a specific policy or procedure for housing female inmates sentenced to the death penalty," Todd Lancaster of the Nebraska Commission on Public Advocacy said in the motion filed this week. "This means that a female inmate sentenced to the death penalty will be treated differently and in a harsher and more restrictive way than male inmates similarly situated."

Nebraska never has had a woman on death row."

It goes on to say that because Boswell is at the womens' prison in York she would need to be in permanent restrictive housing to follow the same rules that apply to men on death row at the prison in Tecumseh and that this would be unconstitutional cruel and unusual punishment.
Click to expand...


"The policy [in effect at the Tecumseh prison] says they are to be separated from the general public because of their risk level and can go to activities outside of their cells in groups." But this wouldn't be possible at the York womens' prison apparently. (BBM)

Reporter says that the prison didn't respond to email asking if they have a separate policy.
 
Name Court Date Time Rm # Hearing Type Caption Case ID
Boswell,Bailey,M 06/02/2021 3:30PM
01 Motions State v. Bailey M Boswell CR180000041

Boswell,Bailey,M 06/30/2021 9:00AM
01 Aggravation / Mitigation Hearing State v. Bailey M Boswell CR180000041

Boswell,Bailey,M 07/01/2021 9:00AM
01 Aggravation / Mitigation Hearing State v. Bailey M Boswell CR180000041

Boswell,Bailey,M 07/02/2021 9:00AM
01 Aggravation / Mitigation Hearing State v. Bailey M Boswell CR180000041

link: Multi-Court Case Calendar
 
Wednesday, June 2nd:
*Motions Hearing (@ 3:30pm CT) - NE - Sydney Loofe (24) (Nov. 15, 2017, Lincoln; found Dec. 4 & 5, 2017) – *Bailey M. Boswell (23/now 25) charged & indicted (6/11/18) & arraigned (8/6/18) with 1st degree murder & improper disposal of human remains & charged (3/1/19) & recharged (8/9/19) with 2 counts of conspiracy to commit murder. Plead not guilty. No bond. DA will seek DP.
Trial began with jury selection on 9/23/20 & trial began on 9/25/20. (thru 10/16/20). Saline County to Lexington, Dawson County for trial. Jurors: 8 men & 7 women. After alternates dismissed-Jurors: 8 men & 4 women for deliberations. Verdict reached on 10/14/20 with guilty on all charges.
Court info & Jury Selection (thru Day 2) & Trial (thru Day 13) 3/3/20, 9/23/20 thru 10/14/20 reference post #575 here:
GUILTY - NE - Sydney Loofe, 24, brutally murdered, Lincoln, 15 Nov 2017 #4
10/21/20 Update: A week after a jury in Lexington found her guilty of Sydney’s murder, Bailey Boswell’s attorneys have filed a motion for a new trial. In the motion filed Wednesday, Boswell’s attorney, Todd Lancaster, objected to written or oral victim impact statements being included in a presentence investigation from anyone other than Loofe’s parents, pointing to state statutes that define victims as the nearest surviving relatives. In the other motion, Lancaster alleged irregularities at trial, misconduct or other errors that he said prevented Boswell from having a fair trial. A three-judge panel hasn’t yet been appointed for the mitigation & aggravation stage. Next motion hearing on 11/4/20.
11/4/20 Update: Saline County District Judge Vicky Johnson has recused the District 1 probation office in Southeast Nebraska from preparing a pre-sentence investigation in Bailey Boswell's murder case following a probation support staff member's post on social media. The Judge agreed to the motion, raised after District 1 Chief Probation Officer Ashley Griess brought the issue to Johnson's attention.
11/26/20 Update: Defense withdraws motion for new trial. 12/11/20 Update: Chief Justice Michael Heavican appointed Lancaster County District Judge Darla Ideus and Douglas County District Judge Peter Bataillon, who were selected at random, to join Saline County District Judge Vicky Johnson in the case.
1/15/21 Update: Aggravation & mitigation hearings begin on 6/28, 6/29, 6/30, 7/1 & 7/2/21 all at 9am. 5/28/21 Update: Motions hearing on 6/2/21 @ 3:30pm. And aggravation & mitigation hearings begin on 6/30, 7/1 & 7/2/21.
*Aubrey C. Trail (51/now 53) – Found guilty of all charges 7/8/19. A 3-judge panel will hear penalty phase. 11/15/19: Judge denies Trail’s death penalty challenge. Judge denies motion for new trial. Sentencing on 6/9/21.
 
Not finding anything (over here) for what might have happened at the motions hearing yesterday? Anyone?

On court site - next is 6/30/21 for her aggravation & mitigation hearings going to 7/2/21.
 
This article might have what the motion hearing was about - but unfortunately I can't access it over here.

Nebraska prison director says they'll draft policy when a woman receives death sentence

Can some give a 10% synopsis on it? What the motion was about? TIA!
animated-smileys-waving-002.gif.pagespeed.ce.NgmNDJ18zj.gif
 
Name Court Date Time Rm # Hearing Type Caption Case ID
Boswell,Bailey,M 06/30/2021 9:00AM
01
Aggravation / Mitigation Hearing State v. Bailey M Boswell CR180000041

Boswell,Bailey,M 07/01/2021 9:00AM
01
Aggravation / Mitigation Hearing State v. Bailey M Boswell CR180000041

Boswell,Bailey,M 07/02/2021 9:00AM
01
Aggravation / Mitigation Hearing State v. Bailey M Boswell CR180000041

link: Multi-Court Case Calendar
 
Wednesday, June 9th:
*Sentencing Hearing (@ 10am CT) - NE - Sydney Loofe (24) (Nov. 15, 2017, Lincoln; found Dec. 4 & 5, 2017 in Edgar, east of Clay Center) – for *Aubrey C. Trail (51/now 54) charged & indicted (6/11/18) & arraigned (7/13/18) with 1st degree murder & improper disposal of human remains (plead guilty to this charge 6/18/19) & charged (3/1/19) with conspiracy to commit murder. Plead not guilty. No bond. DA will seek DP.
Trial started 6/17/19 with jury selection. Trial started on 6/18/19 & runs thru 7/8/19. Jurors: 7 women & 5 men, with 3 women alternates. One juror was excused for family emergency on 6/28/19 (no gender available). Jurors could be 8 women & 4 men. Now 2 women alternates. Jurors deliberating for about 2 ½ hours & found Trail GUILTY of all charges.
Court info & Trial info from Day 1-14 (6/11/19 to 7/10/19) & thru 3/10/21 reference post #595 here:
GUILTY - NE - Sydney Loofe, 24, brutally murdered, Lincoln, 15 Nov 2017 #4
3/11/21 Update: Opening statements by State attorney Doug Warner argues that the killing of Sydney "manifested exceptional depravity" & was done for sexual gratification. And her body was needlessly segmented into 14 parts. Defense attorney Ben Murray said the State cherry picked statements from Trail. The evidence points to an accidental killing. Prosecutors allege the killing showed exception depravity, an aggravating circumstance that would make his case eligible for a death sentence. Testified: Dr. Michelle Eileff, a forensic pathologist who examined Sydney’s remains & determined she was killed by homicidal strangulation. And was cross examined. FBI Special Agent Mike Maseth, one of two FBI agents who led the investigation into Sidney’s disappearance & murder. Investigator Matthew Franken with the Lincoln Police Dept. Franken for the state has wrapped up presenting its aggravating factors, the defense began presenting mitigating factors with no opening statement. A defense attorney for Trail said her killing was not planned & presented the panel with exhibits intended to show Trial had been a troubled kid who endured a rough family life & abuse. After the defense presented its evidence in briefs the hearing was adjourned. Sentencing date is to be set on further order of the court so no exact date yet for when Trail will be sentenced. Trail is not in court. District Judges Vicky Johnson, Michael A. Smith & Susan Strong will ultimately decide. Arguments for & against the death penalty in the case concluded Thursday, in Saline County District Court. Trail waived his appearance at the hearing in Wilber, which had been scheduled for two days. It could be several weeks before the panel decides Trail’s fate.
4/16/21 Update: Sentencing scheduled on 6/9/21.
*Bailey M. Boswell (23/now 27) – Trial was on 9/23/20, verdict on 10/14/20-Guilty of all charges. Sentencing on 6/30 to 7/2/21.
 
Chris Dunker
@ChrisDunkerLJS
·
2m
Replying to
@ChrisDunkerLJS
"Sydney did nothing but reject my lifestyle," Trail said.

He wraps up by telling Judge Johnson: "I could care less what you do to me today."
Chris Dunker
@ChrisDunkerLJS
·
1m
Johnson is now reading the sentence. Trail was found guilty of first degree murder and improper disposal of skeletal remains.

The state argued two aggravating circumstances which made Trail eligible for the death penalty.
Chris Dunker
@ChrisDunkerLJS
·
36s
One of the aggravators was deleted, the aggravator remaining argues the crime was shocking in nature.
 
Chris Dunker
@ChrisDunkerLJS
·
8m
Trail addressing the Loofe family.

"I won't say I'm sorry, as that would be an insult to you after what I put you through, and I won't ask for forgiveness."
Chris Dunker
@ChrisDunkerLJS
·
7m
Trail: "A lot of lies were told about Sydney Loofe...She did not die of sexual asphyxiation. I murdered her. She was never part of our group, she was never made to participate in any sexual activities, nor did she participate in any of my scams."
Chris Dunker
@ChrisDunkerLJS
·
5m
Trail says he used Boswell to lure Loofe to their Wilber apartment so they could recruit her to their group, which scammed people and did group sex, but after 2-3 hours he decided to kill her.
Chris Dunker
@ChrisDunkerLJS
·
4m
Trail said Loofe got "freaked out" after he explained his and Boswell's lifestyle. So he tied her up and put her in the bedroom.

"The truth is, I killed Sydney because of her reaction to what I told her and showed her."
Chris Dunker
@ChrisDunkerLJS
Replying to
@ChrisDunkerLJS
Trail says Boswell had nothing to do with the murder and wasn't in the bedroom when she was killed.

He said he decided to dismember Loofe because he could think of no other way to get her out of the apartment without being seen.
11:09 AM · Jun 9, 2021·Twitter Web App
 
Chris Dunker
@ChrisDunkerLJS
·
38s
Replying to
@ChrisDunkerLJS
Johnson is walking back through the legal steps taken to get to this point, and is explaining the sentencing procedure.

She said the panel is only considering whether or not the murder "manifested exceptional depravity," as alleged by the state.
 
kaen said:
Chris Dunker
@ChrisDunkerLJS
·
38s
Replying to
@ChrisDunkerLJS
Johnson is walking back through the legal steps taken to get to this point, and is explaining the sentencing procedure.

She said the panel is only considering whether or not the murder "manifested exceptional depravity," as alleged by the state.
Click to expand...

That should take about half a minute. His comments are exceptionally depraved. Justice for Sydney!
 
From another Twitter source:

NTV News Retweeted
Alex Whitney
@ntv_alex
·
25m
Trail “I do not deny that I pre-meditated Sydney’s murder”
@NTVNEWS
NTV News Retweeted
Alex Whitney
@ntv_alex
·
26m
Trail “Almost everything I said was a lie”
@NTVNEWS
 
Alex Whitney
@ntv_alex
·
24m
Trail “I am not looking for mercy, forgiveness or anything else”
@NTVNEWS
NTV News Retweeted
Alex Whitney
@ntv_alex
·
25m
Trail is now describing what he did and said before he murdered Sydney. How he bound her hands and strangled her with an extension cord. He is also continuing to maintain Bailey’s innocence
@NTVNEWS
 
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