He was sentenced to death after he killed and dismembered a Lincoln woman he had met on Tinder. His initial appeal was denied by him, in which he claimed he should have been allowed a mistrial because he violently disrupted his own trial.
On Thursday, the Nebraska Supreme Court rejected Aubrey Trail’s appeal. Trail, 56 was convicted in 2017 of first-degree murder for the death of Sydney Loofe, 24, and sentenced last year to death. Bailey Boswell was Trail’s girlfriend at that time, and she was also convicted of being an active participant in Loofe’s death. She was sentenced to life imprisonment last November.
Trail’s appeals were rejected by the high court. They included claims that Trail was wrongfully excluded from potential jurors because they refused to accept the death penalty.
Trail also claimed that the judge should have declared the mistrial or granted a request for a new trial after Trail interrupted the third day of his case by shouting, “Bailey’s innocent, and I curse all!” Trail then cut his throat with a razor blade that he had gotten in jail, and then sneaked into courtroom.
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The district court denied Trail’s motions to retry him or grant him a mistrial. It found Trail’s self-harm act was “a calculated gesture” and denied Trail’s motions to retry him. The state’s highest court stated that it will not re-examine the decision of the trial court in this matter on Thursday. The Supreme Court referenced other cases from appeals courts that had also ruled against defendants for disrupting their court hearings. It stated that allowing mistrials in such cases would give a criminal defendant a convenient tool to provoke a mistrial whenever it was desired.
Justice John Freudenberg wrote in support of the court’s unanimous decision, “As with other defendants,”.
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Prosecutors claimed that Trail and Boswell conspired to abduct and kill Loofe. Boswell and Loofe met through the online dating app Tinder. Loofe was reported missing by her mother two days after Boswell and Loofe had met on Nov. 14, 2017. Loofe’s dismembered remains, which were found in garbage bags, were discovered weeks later. They had been dumped in a field close to Edgar, 90 miles southwest from Lincoln.
Later , Trail told investigators he strangled Sydney Loofe using an extension cord. Prosecutors said. Boswell and Trail then dismembered Loofe’s body and disposed it with items they purchased at a home-improvement store the day before she died.
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Thursday’s requests for comment were not immediately answered by either the Nebraska Attorney General’s Office or Trail’s attorney.