Aubrey Trail's lawyer: He may have an alibi
Idk whether I'm outraged or just rolling my eyes at this fool.
Idk whether I'm outraged or just rolling my eyes at this fool.
Found Deceased NE - Sydney Loofe, 24, Lincoln, 15 Nov 2017 - #3
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ValhallaWolves
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Definitely outrage. This guy is a psychopath.
I feel so horribly for Sydney’s family. Not only has their daughter been murdered, but they have to deal with this ding dong playing ring around the rosy with the trial.
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The important bits:I'm blocked in the EU - can someone give a 10% synopsis on what it says, please?
TIA!
"Ben Murray, Trail’s defense attorney, said Thursday that some new evidence had “popped up” that suggests that Trail was somewhere else when Loofe was killed."
"By state law, if a defendant plans to introduce evidence of an alibi, they must notify the court a month prior to a trial. Murray said he wanted to preserve the option of presenting the alibi evidence, so he filed the motion."
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Wednesday, May 8th:
*Pretrial Motions Hearing (@ 9am CT) - NE - Sydney Loofe (24) (Nov. 15, 2017, Lincoln; found Dec. 4 & 5, 2017) – only for *Aubrey C. Trail (51) charged & indicted (6/11/18) & arraigned (7/13/18) with 1st degree murder & improper disposal of human remains & charged (3/1/19) & arraigned (3/27/19) with conspiracy to commit murder. Plead not guilty to all charges. No bond. DA will seek DP.
Trial to start 6/17/19 thru 7/5/19
Court hearings from 2/2/18 thru 3/1/19 reference post #348 here:
Found Deceased - NE - Sydney Loofe, 24, Lincoln, 15 Nov 2017 - #3
3/27/19 Update: Plead not guilty to all charges. Next pretrial motions on conspiracy to commit murder on 4/17 & 5/22.
4/17/19 Update: At a two-hour hearing in Saline County on Wednesday, Ben Murray, one of Trail's court-appointed attorneys, argued the statements he made to them shouldn't be allowed to go before the jury at his murder trial in June. "Obviously this is a question of whether the statements in the waiver of Miranda were freely, voluntarily and knowingly given," Assistant Nebraska Attorney General Mike Guinan said. He argued Trail not only knew his Constitutional rights, going over the waiver himself in one meeting, but he also showed "no desire to be anywhere other than talking to these agents, telling whatever it is he wanted to tell." Murray argued that officers had some knowledge from the start that Trail had an attorney in Falls City, Doug Merz, and after mid-December knew a Lincoln defense attorney, Korey Reiman, had been appointed to represent him in the federal fraud case. Judge Johnson took the motion under advisement. Additional Pretrial Motions hearing on 5/8 in addition to 5/22.
5/1/19 Update: Trail says he has an alibi when Sydney died. By state law, if a defendant plans to introduce evidence of an alibi, they must notify the court a month prior to a trial. Defense attorney Murray said he wanted to preserve the option of presenting the alibi evidence, so he filed the motion.
*Bailey M. Boswell (23) charged & indicted (6/11/18) & arraigned (8/6/18) with 1st degree murder & improper disposal of human remains. Plead not guilty. No bond. DA will seek DP.
Trial starts 10/15/19.
Court hearings from 2/2/18 thru 3/19/19 reference post #348 here:
Found Deceased - NE - Sydney Loofe, 24, Lincoln, 15 Nov 2017 - #3
Next Status hearing on 4/17. Next hearing on 8/9.
*Pretrial Motions Hearing (@ 9am CT) - NE - Sydney Loofe (24) (Nov. 15, 2017, Lincoln; found Dec. 4 & 5, 2017) – only for *Aubrey C. Trail (51) charged & indicted (6/11/18) & arraigned (7/13/18) with 1st degree murder & improper disposal of human remains & charged (3/1/19) & arraigned (3/27/19) with conspiracy to commit murder. Plead not guilty to all charges. No bond. DA will seek DP.
Trial to start 6/17/19 thru 7/5/19
Court hearings from 2/2/18 thru 3/1/19 reference post #348 here:
Found Deceased - NE - Sydney Loofe, 24, Lincoln, 15 Nov 2017 - #3
3/27/19 Update: Plead not guilty to all charges. Next pretrial motions on conspiracy to commit murder on 4/17 & 5/22.
4/17/19 Update: At a two-hour hearing in Saline County on Wednesday, Ben Murray, one of Trail's court-appointed attorneys, argued the statements he made to them shouldn't be allowed to go before the jury at his murder trial in June. "Obviously this is a question of whether the statements in the waiver of Miranda were freely, voluntarily and knowingly given," Assistant Nebraska Attorney General Mike Guinan said. He argued Trail not only knew his Constitutional rights, going over the waiver himself in one meeting, but he also showed "no desire to be anywhere other than talking to these agents, telling whatever it is he wanted to tell." Murray argued that officers had some knowledge from the start that Trail had an attorney in Falls City, Doug Merz, and after mid-December knew a Lincoln defense attorney, Korey Reiman, had been appointed to represent him in the federal fraud case. Judge Johnson took the motion under advisement. Additional Pretrial Motions hearing on 5/8 in addition to 5/22.
5/1/19 Update: Trail says he has an alibi when Sydney died. By state law, if a defendant plans to introduce evidence of an alibi, they must notify the court a month prior to a trial. Defense attorney Murray said he wanted to preserve the option of presenting the alibi evidence, so he filed the motion.
*Bailey M. Boswell (23) charged & indicted (6/11/18) & arraigned (8/6/18) with 1st degree murder & improper disposal of human remains. Plead not guilty. No bond. DA will seek DP.
Trial starts 10/15/19.
Court hearings from 2/2/18 thru 3/19/19 reference post #348 here:
Found Deceased - NE - Sydney Loofe, 24, Lincoln, 15 Nov 2017 - #3
Next Status hearing on 4/17. Next hearing on 8/9.
Aubrey Trail loses bid to see any death penalty communications
WILBER, Neb. (AP) - Aubrey Trail, one of the suspect's in the murder of Sydney Loofe, won't get to see any communication documents that might show whether Nebraska's governor is behind the prosecutors' decision to seek the death penalty against him.
A judge has rejected the motion filed last month in Saline County District Court.
Lawyers for the 52-year-old were seeking documents regarding communications between prosecutors and any members of Gov. Pete Ricketts' office about the death penalty in criminal cases and especially in Trail's case and that of his co-defendant, Bailey Boswell.
WILBER, Neb. (AP) - Aubrey Trail, one of the suspect's in the murder of Sydney Loofe, won't get to see any communication documents that might show whether Nebraska's governor is behind the prosecutors' decision to seek the death penalty against him.
A judge has rejected the motion filed last month in Saline County District Court.
Lawyers for the 52-year-old were seeking documents regarding communications between prosecutors and any members of Gov. Pete Ricketts' office about the death penalty in criminal cases and especially in Trail's case and that of his co-defendant, Bailey Boswell.
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Can't access this article:
Aubrey Trail seeks to disallow photos of Sydney Loofe's body, video of purchase of cutting tools
Aubrey Trail seeks to disallow photos of Sydney Loofe's body, video of purchase of cutting tools
Jethro4WS
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Here is the main gist of it:
The man accused of killing and dismembering a 24-year-old Lincoln store clerk is asking that photographs of the victim’s body, as well as videotape of him and his girlfriend buying cutting equipment, not be shown at his trial.
The court-appointed attorney for Aubrey Trail said showing jurors the “gruesome” photos of the dismembered body would be inflammatory and would jeopardize Trail’s right to a fair trial.
“They only show stuff that happened after death, so we don’t think it’s relevant to the murder charge,” said the defense attorney, Ben Murray, adding that the photos could lead a jury to rule on “emotional grounds” rather than on the evidence.
The court-appointed attorney for Aubrey Trail said showing jurors the “gruesome” photos of the dismembered body would be inflammatory and would jeopardize Trail’s right to a fair trial.
“They only show stuff that happened after death, so we don’t think it’s relevant to the murder charge,” said the defense attorney, Ben Murray, adding that the photos could lead a jury to rule on “emotional grounds” rather than on the evidence.
Jethro4WS
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The rest in the article are things we know about. The only other things briefly mentioned are:
In another legal motion filed Friday, Murray asked that the three charges filed against Trail be separately tried in three trials. In the motion, the defense attorney said evidence about the disposal and dismemberment of the body, if presented to the same jury, could prejudice them in deciding on the murder charge.
Also on Friday, lawyers with the Nebraska Attorney General’s Office filed a motion to block the press from taking photographs or video in the courtroom of three women who allegedly hung out with Trail and Boswell. The prosecutors, in their motion, did not specify why they wanted to bar such coverage but pointed out that the court has the discretion to do so in the interest of a “fair proceeding.”
Also on Friday, lawyers with the Nebraska Attorney General’s Office filed a motion to block the press from taking photographs or video in the courtroom of three women who allegedly hung out with Trail and Boswell. The prosecutors, in their motion, did not specify why they wanted to bar such coverage but pointed out that the court has the discretion to do so in the interest of a “fair proceeding.”
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Wednesday, May 22nd:
*Pretrial Motions Hearing (new charge) (@ 9am CT) - NE - Sydney Loofe (24) (Nov. 15, 2017, Lincoln; found Dec. 4 & 5, 2017) – only for *Aubrey C. Trail (51) charged & indicted (6/11/18) & arraigned (7/13/18) with 1st degree murder & improper disposal of human remains & charged (3/1/19) & arraigned (3/27/19) with conspiracy to commit murder. Plead not guilty to all charges. No bond. DA will seek DP. Saline County
Trial to start 6/17/19 thru 7/5/19
Court hearings from 2/2/18 thru 4/17/19 reference post #366 here:
Found Deceased - NE - Sydney Loofe, 24, Lincoln, 15 Nov 2017 - #3
5/1/19 Update: Trail says he has an alibi when Sydney died. By state law, if a defendant plans to introduce evidence of an alibi, they must notify the court a month prior to a trial. Defense attorney Murray said he wanted to preserve the option of presenting the alibi evidence, so he filed the motion. Additional pretrial motions hearing on 5/8 in addition to 5/22.
5/8/19 Update: A judge has rejected a defendant's motion to see any communications that might show whether Nebraska's governor is behind the prosecutors' decision to seek the death penalty for the defendant. The judge ruled Wednesday that Trail's request was premature because Trail has yet to be convicted.
5/13/19 Update: Judge ruled that statements were made voluntary to LE can be used in trial.
5/17/19 Update: Defense seeks to disallow photos of Sydney’s body & video of purchase of cutting tools. Another legal motion filed Friday, Defense attorney Murray asked that the three charges filed against Trail be separately tried in three trials. In the motion, the defense attorney said evidence about the disposal and dismemberment of the body, if presented to the same jury, could prejudice them in deciding on the murder charge. Also on Friday, lawyers with the Nebraska Attorney General’s Office filed a motion to block the press from taking photographs or video in the courtroom of three women who allegedly hung out with Trail and Boswell. The prosecutors, in their motion, did not specify why they wanted to bar such coverage but pointed out that the court has the discretion to do so in the interest of a “fair proceeding.”
*Bailey M. Boswell (23) charged & indicted (6/11/18) & arraigned (8/6/18) with 1st degree murder & improper disposal of human remains. Plead not guilty. No bond. DA will seek DP. Saline County
Trial starts 10/15/19 thru 11/1/19.
Court hearings from 2/2/18 thru 3/19/19 reference post #348 here:
Found Deceased - NE - Sydney Loofe, 24, Lincoln, 15 Nov 2017 - #3
Next Status hearing on 4/17. 4/17/19: Waives speedy trial. Next hearing on 8/9.
*Pretrial Motions Hearing (new charge) (@ 9am CT) - NE - Sydney Loofe (24) (Nov. 15, 2017, Lincoln; found Dec. 4 & 5, 2017) – only for *Aubrey C. Trail (51) charged & indicted (6/11/18) & arraigned (7/13/18) with 1st degree murder & improper disposal of human remains & charged (3/1/19) & arraigned (3/27/19) with conspiracy to commit murder. Plead not guilty to all charges. No bond. DA will seek DP. Saline County
Trial to start 6/17/19 thru 7/5/19
Court hearings from 2/2/18 thru 4/17/19 reference post #366 here:
Found Deceased - NE - Sydney Loofe, 24, Lincoln, 15 Nov 2017 - #3
5/1/19 Update: Trail says he has an alibi when Sydney died. By state law, if a defendant plans to introduce evidence of an alibi, they must notify the court a month prior to a trial. Defense attorney Murray said he wanted to preserve the option of presenting the alibi evidence, so he filed the motion. Additional pretrial motions hearing on 5/8 in addition to 5/22.
5/8/19 Update: A judge has rejected a defendant's motion to see any communications that might show whether Nebraska's governor is behind the prosecutors' decision to seek the death penalty for the defendant. The judge ruled Wednesday that Trail's request was premature because Trail has yet to be convicted.
5/13/19 Update: Judge ruled that statements were made voluntary to LE can be used in trial.
5/17/19 Update: Defense seeks to disallow photos of Sydney’s body & video of purchase of cutting tools. Another legal motion filed Friday, Defense attorney Murray asked that the three charges filed against Trail be separately tried in three trials. In the motion, the defense attorney said evidence about the disposal and dismemberment of the body, if presented to the same jury, could prejudice them in deciding on the murder charge. Also on Friday, lawyers with the Nebraska Attorney General’s Office filed a motion to block the press from taking photographs or video in the courtroom of three women who allegedly hung out with Trail and Boswell. The prosecutors, in their motion, did not specify why they wanted to bar such coverage but pointed out that the court has the discretion to do so in the interest of a “fair proceeding.”
*Bailey M. Boswell (23) charged & indicted (6/11/18) & arraigned (8/6/18) with 1st degree murder & improper disposal of human remains. Plead not guilty. No bond. DA will seek DP. Saline County
Trial starts 10/15/19 thru 11/1/19.
Court hearings from 2/2/18 thru 3/19/19 reference post #348 here:
Found Deceased - NE - Sydney Loofe, 24, Lincoln, 15 Nov 2017 - #3
Next Status hearing on 4/17. 4/17/19: Waives speedy trial. Next hearing on 8/9.
Jethro4WS
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Aubrey Trail, because of heart attack and stroke, wants to remain at state prison
Aubrey Trail, 52, who faces the death penalty in the November 2017 slaying of Sydney Loofe, is seeking to stay at a state prison in Lincoln during his upcoming trial because of a recent heart attack and stroke.
In a legal motion filed Friday, his attorney asked a judge to allow Trail, who now uses a wheelchair, to be housed at the State Diagnostic and Evaluation Center in Lincoln because it has a skilled-nursing unit.
Trail was transferred from the Saline County Jail to the Lincoln prison in January, and according to the motion, he fears that he could die if he is returned to the County Jail, where he said the policy is to withhold medications until they are approved by a County Jail physician.
“Any interruptions of the defendant’s medications could prove fatal,” said the motion by Trail’s court-appointed attorney, Ben Murray.
In a legal motion filed Friday, his attorney asked a judge to allow Trail, who now uses a wheelchair, to be housed at the State Diagnostic and Evaluation Center in Lincoln because it has a skilled-nursing unit.
Trail was transferred from the Saline County Jail to the Lincoln prison in January, and according to the motion, he fears that he could die if he is returned to the County Jail, where he said the policy is to withhold medications until they are approved by a County Jail physician.
“Any interruptions of the defendant’s medications could prove fatal,” said the motion by Trail’s court-appointed attorney, Ben Murray.
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checked the court site - another hearing before trial:
Name Court Date Time Rm # Hearing Type Caption Case ID
Trail,Aubrey,C 06/07/2019 2:30PM
01
Motions State v. Aubrey C Trail CR180000037
Trail,Aubrey,C 06/17/2019 9:00AM
01
Jury Trial State v. Aubrey C Trail CR180000037
link: Multi-Court Case Calendar
Name Court Date Time Rm # Hearing Type Caption Case ID
Trail,Aubrey,C 06/07/2019 2:30PM
01
Motions State v. Aubrey C Trail CR180000037
Trail,Aubrey,C 06/17/2019 9:00AM
01
Jury Trial State v. Aubrey C Trail CR180000037
link: Multi-Court Case Calendar
Aubrey Trail changes mind, asks to plead guilty to one charge in death of Sydney Loofe
LINCOLN — Accused murderer Aubrey Trail has changed his mind, asking Thursday to amend his plea from not guilty to guilty to one of the three charges he faces in the slaying of Lincoln store clerkSydney Loofe.
Trail, in a legal motion, stated that he wished to "accept responsibility for his actions" and enter a plea of guilty to a charge of improper disposal of human remains, a Class IV felony punishable by up to two years in prison and 12 months of post-release supervision.
LINCOLN — Accused murderer Aubrey Trail has changed his mind, asking Thursday to amend his plea from not guilty to guilty to one of the three charges he faces in the slaying of Lincoln store clerkSydney Loofe.
Trail, in a legal motion, stated that he wished to "accept responsibility for his actions" and enter a plea of guilty to a charge of improper disposal of human remains, a Class IV felony punishable by up to two years in prison and 12 months of post-release supervision.
- Status