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

[Niner]

Judges appointed for Bailey Boswell's sentencing panel

Dec. 11, 2020

....
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.
[.....]
Johnson agreed to move the trial to Lexington, due to pretrial publicity, and a jury there in October found Boswell guilty of the 24-year-old Lincoln woman's murder. Next, the three-judge panel will hear evidence that the state says shows why she should get the death penalty and evidence that the defense says shows she shouldn't.



Still nothing in the court site for Boswell's sentencing date.

 

[MatteasMama]

This case really hits home for me. I'm a bisexual woman who was lured by a woman online when I was only 15 years old- didn't find out until we met up that she was part of a couple and they expected a threesome. The man ended up raping me with my "dates" help. I've been afraid of online dating ever since. I've talked to other bi and lesbian women and this apparently is not all that uncommon.

The idea that Sydney willingly had sex with that troll AT is just ridiculous and insulting. She was not interested in a man and was worried her date had a boyfriend. Unfortunately her instincts were spot on.

 

[MatteasMama]

Question for those who have been following this trial- did we ever find out why her organs were removed? The fact that one part missing was the hyoid bone makes me wonder if it was pretty badly fractured & they knew it would eliminate any doubt that the choking was sex play gone wrong- but that requires a level of sophistication and knowledge of anatomy/forensics I just don't see these knuckleheads possessing. And why would they remove the lungs, kidneys or aorta? Apologies if this has been addressed already, I'm still catching up!

 

[Niner]

Finally a date!

Name Court Date Time Rm # Hearing Type Caption Case ID
Boswell,Bailey,M 06/28/2021 9:00AM 01 Aggravation / Mitigation Hearing State v. Bailey M Boswell CR180000041

Boswell,Bailey,M 06/29/2021 9:00AM 01 Aggravation / Mitigation Hearing 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 CR18000004


link: Multi-Court Case Calendar

 

[JerseyGirl]

Dates set to consider whether Trail, Boswell will get death sentences

Aubrey Trail's hearing for the three-judge panel to consider aggravating and mitigating circumstances, is scheduled to begin March 11 and should take two days.

Bailey Boswell's hearing is scheduled for the week of June 28.

 

[Niner]

Aubrey Trail wants to skip his sentencing hearing next week

21 hours ago (March 7, 2021)
LINCOLN — Convicted murderer Aubrey Trail wants to skip next week’s court hearings to determine whether he lives the rest of his life in prison or is sentenced to die in the execution chamber.

In a motion filed Friday, Trail told the presiding judge that he “does not wish to attend” the hearings Thursday and Friday to determine his sentence for his role in the November 2017 murder and dismemberment of Lincoln store clerk Sydney Loofe.
[.....]
District Judges Vicky Johnson of Wilber, Susan Strong of Lincoln and Michael Smith of Plattsmouth are scheduled to preside over the hearings at the Saline County Courthouse.

A hearing on Trail’s request is scheduled for Wednesday [3/10/21]. A sentencing hearing for Boswell has been scheduled for June 28 to July 2.

 

[Niner]

Name Court Date Time Rm # Hearing Type Caption Case ID
Trail,Aubrey,C 03/10/2021 10:00AM Motion to Waive Appearance - Defend State v. Aubrey C Trail CR180000037

Trail,Aubrey,C 03/11/2021 9:00AM Aggravation and Mitigation State v. Aubrey C Trail CR180000037

Trail,Aubrey,C 03/12/2021 9:00AM Aggravation and Mitigation State v. Aubrey C Trail CR180000037


link: Multi-Court Case Calendar

 

[HuskerGal]

I was just coming to post this. Too bad. Sydney didn’t want to die either.

Aubrey Trail wants to skip his sentencing hearing next week

21 hours ago (March 7, 2021)
LINCOLN — Convicted murderer Aubrey Trail wants to skip next week’s court hearings to determine whether he lives the rest of his life in prison or is sentenced to die in the execution chamber.

In a motion filed Friday, Trail told the presiding judge that he “does not wish to attend” the hearings Thursday and Friday to determine his sentence for his role in the November 2017 murder and dismemberment of Lincoln store clerk Sydney Loofe.
[.....]
District Judges Vicky Johnson of Wilber, Susan Strong of Lincoln and Michael Smith of Plattsmouth are scheduled to preside over the hearings at the Saline County Courthouse.

A hearing on Trail’s request is scheduled for Wednesday [3/10/21]. A sentencing hearing for Boswell has been scheduled for June 28 to July 2.

 

[Niner]

Wednesday, March 10th:
*Motions 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 1/3/20 reference post #424 here:
GUILTY - NE - Sydney Loofe, 24, brutally murdered, Lincoln, 15 Nov 2017 #4
1/8/20 Update: Defense files motion to disqualify Judge Julie D. Smith as she drafted the state’s execution protocol while she worked for Corrections from 2015 to 2017. Next Motion to Recuse (Judge Julie Smith) hearing on 1/23/20 & an Aggravation & Mitigation hearings on 6/23 thru 6/26/20.
1/23/20 Update: No decision yet if Judge Smith will recuse herself. Next Aggravation & Mitigation hearings from 6/23 to 6/26.
2/6/20 Update: Johnson County District Judge Julie Smith recuses herself from penalty phase. Lancaster County District Judge Susan Strong has been appointed to replace Smith on the panel.
4/18/20 Update: Judge Vicky L. Johnson has ordered Trail's next hearing to be moved to the end of the year. The aggravation and mitigation hearing was originally set for June 23, 24, 25 and 26 at 9:00 a.m. and has now been pushed until December 15, 16, 17 and 18 at 9:00 a.m.
12/7/20 Update: Due to COVID Saline County District Judge Vicky Johnson, Cass County District Judge Michael A. Smith & Lancaster County District Judge Susan Strong now are set to hold the hearing on March 11th & 12th.
3/5/21 Update: Trail files motion to waive his appearance at the aggravation & mitigation hearings on 3/11 & 3/12/21. Motions hearing to hear motion on 3/10/21.
*Bailey M. Boswell (23/now 27) – Trial was on 9/23/20, verdict on 10/14/20-Guilty of all charges. Sentencing on 6/28 to 7/2/21.

 

[Niner]

Can't find anything about the hearing for yesterday - whether he will appear or not....

Thursday, March 11th:
*Aggravation & Mitigation Hearings (Day 1 of 2) (@ 9am 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 4/18/20 reference post #589 here:
GUILTY - NE - Sydney Loofe, 24, brutally murdered, Lincoln, 15 Nov 2017 #4
12/7/20 Update: Due to COVID Saline County District Judge Vicky Johnson, Cass County District Judge Michael A. Smith & Lancaster County District Judge Susan Strong now are set to hold the hearing on March 11th & 12th.
3/5/21 Update: Trail files motion to waive his appearance at the aggravation & mitigation hearings on 3/11 & 3/12/21. Motions hearing to hear motion on 3/10/21. 3/10/21 Update: No info on whether Trail will appear for his sentencing.
*Bailey M. Boswell (23/now 27) – Trial was on 9/23/20, verdict on 10/14/20-Guilty of all charges. Sentencing on 6/28 to 7/2/21.

 

[JerseyGirl]

Can't find anything about the hearing for yesterday - whether he will appear or not....

Update:

A man convicted of killing Sydney Loofe will not be present at his death penalty hearing set for Thursday and Friday.

Aubrey Trail waived his appearance, and it was approved by the court.

The death penalty hearing will involve a three-judge panel. The panel will have to decide on the death penalty unanimously. If that doesn't happen, Trail will automatically get life in prison.


Court approves motion for convicted murderer to skip death penalty hearing

 

[HuskerGal]

I think they will give him the death penalty. Bailey, I'm not so sure about, but he will get it.

 

[molly1255]

I think they will give him the death penalty. Bailey, I'm not so sure about, but he will get it.

I agree on AT, but I think BB will also receive the death penalty. Three of the jurors on BB's trial told the Omaha World Herald that the prosecution provided more than enough proof that she was directly involved in the death and dismemberment of Lincoln store clerk Sydney Loofe.

The jury rejected her defense's argument that she was forced by AT to participate in the murder and the jury also rejected her defense's argument that the murder wasn't deliberate or premeditated.

IMO, I would not be able to understand the logic if the state imposed different sentences on AT and BB. They were both equally responsible and it took the two of them working in unison to accomplish what they set out to do and that was to murder Sydney.

Evidence that Bailey Boswell was guilty of killing Sydney Loofe was overwhelming, jurors say

All JMO.

 

[Niner]

here's some tweets I found.

Lori Pilger
@LJSpilger
·
15h
In opening statements, the state argues Loofe's killing "manifested exceptional depravity" and was done for sexual gratification. That her body was needlessly segmented into 14 parts after showed Trail and Boswell relished the murder, Doug Warner of the AG's office says.

Trail's attorney, Ben Murray, said the state has cherry picked statements from Trail, a conman. The evidence, he argued, points to an accidental killing "followed by absolute panic."

With Aubrey Trail noticeably absent from the defense table, a hearing got under way in Wilber today to determine whether he will be sentenced to death for killing and dismembering Sydney Loofe, a 24-year-old #LNK woman, in 2017.

Prosecutors allege the killing showed exception depravity, an aggravating circumstance that would make his case eligible for a death sentence. District Judges Vicky Johnson, Michael A. Smith and Susan Strong ultimately will decide.

On the other side, Trail's attorney, Ben Murray, said there is no doubt that this is a horrible case and that what happened to Loofe was horrible. But, he said, the state was "filling in holes and inventing stories" about what actually happened.

Aubrey Trail’s sentencing hearing has come to a close with the defense offering a number of exhibits, no live testimony.


link: https://twitter.com/ljspilger

 

[Niner]

Friday, March 12th:
*Aggravation & Mitigation Hearings (Day 2 of 2) (@ 9am 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 4/18/20 reference post #589 here:
GUILTY - NE - Sydney Loofe, 24, brutally murdered, Lincoln, 15 Nov 2017 #4
12/7/20 Update: Due to COVID Saline County District Judge Vicky Johnson, Cass County District Judge Michael A. Smith & Lancaster County District Judge Susan Strong now are set to hold the hearing on March 11th & 12th.
3/5/21 Update: Trail files motion to waive his appearance at the aggravation & mitigation hearings on 3/11 & 3/12/21. Motions hearing to hear motion on 3/10/21. 3/10/21 Update: Trail will not be present at his death penalty hearing set for Thursday & Friday. Trail waived his appearance & it was approved by the court.
3/11/21 Day 1 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. Trail is not in court. District Judges Vicky Johnson, Michael A. Smith & Susan Strong will ultimately decide. Continued tomorrow, 3/12/21.
*Bailey M. Boswell (23/now 27) – Trial was on 9/23/20, verdict on 10/14/20-Guilty of all charges. Sentencing on 6/28 to 7/2/21.

 

[JerseyGirl]

3-judge panel begins process to determine Trail's fate

Prosecutors on Thursday argued before the panel that Aubrey Trail, 54, showed “exceptional depravity” in the death of 24-year-old Lincoln store clerk Sydney Loofe. Weeks after her disappearance, Loofe’s body parts were found in 14 pieces in ditches along a state highway.

A defense attorney for Trail said her killing was not planned and presented the panel with exhibits intended to show Trial had been a troubled kid who endured a rough family life and abuse, the Lincoln Journal Star reported.

“These were no masterminds. These were panicked people who just killed someone without a plan,” defense attorney Ben Murray said.

Trail was granted permission to skip Thursday’s hearing but is expected to be there when the judges announce their decision at a later date. It could be several weeks before the panel decides Trail’s fate.

 

[Niner]

From the tweets I read - it looks like they only had the hearing on 3/11, as there is no one who posted any tweets for yesterday, 3/12.

@JerseyGirl - anything on no hearing for 3/12?

I've checked the court site - but no sentencing date yet.

 

[JerseyGirl]

From the tweets I read - it looks like they only had the hearing on 3/11, as there is no one who posted any tweets for yesterday, 3/12.

@JerseyGirl - anything on no hearing for 3/12?

I've checked the court site - but no sentencing date yet.

Arguments for and against the death penalty in the case concluded Thursday.

No sentencing date yet

Aubrey Trail case under advisement, in sentencing phase

 

[Niner]

Arguments for and against the death penalty in the case concluded Thursday.

No sentencing date yet

Aubrey Trail case under advisement, in sentencing phase

Thanks!

 

[scoodyboo]

Lincoln Journal-Star's Lori Pilger has an article this weekend, 'There are few cases in Nebraska which compare to' Sydney Loofe's killing, prosecutor says.

It's mostly a recap. The headline is a quote from the prosecutor. It's framed as his response to Trail's Defense Attorney arguing for a life sentence as was given to another NE murderer, Robert Hunt, for a 1984 murder. (Ben Murray made arguments that Trail deserves life sentence, not DP, because Sydney was unconscious after 10 seconds, according to this article.)

""They were determined," Nebraska Assistant Attorney General Doug Warner wrote in a closing argument submitted Thursday to the three-judge panel that will decide if Trail goes to death row."...

"Exceptional depravity was intended to apply to extreme cases such as this one, Warner said.

"There are few cases in Nebraska which compare to this one," he argued. "This is a mindset that is cold and without conscience."

Saline County District Judge Vicky Johnson, Cass County District Judge Michael A. Smith and Lancaster County District Judge Susan Strong will announce their decision later. To give a death sentence, they must all agree."