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

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Why do you guys think he waived his jury trial today? I'm thinking it was strategic to help BB. If (when?) the jury recommended the death penalty, that would be just one more thing for people to think about during BB's trial. Since it just never happened, the argument could be made that we don't know what they would've decided. He basically just delayed the decision, maybe until after her trial.

[ETA - Nevermind, I misunderstood... it was much clearer in the video of his attorney's comments]
 
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Aubrey Trail waives his right to have a jury decide if he's eligible for the death penalty
Aubrey Trail waives his right to have a jury decide if he's eligible for the death penalty
Aubrey Trail waived his right Thursday to have a jury decide whether he's eligible for the death penalty.

After rendering their guilty verdicts Wednesday in the killing of Sydney Loofe, 24, the jury was sequestered overnight at a motel. The jury's focus on Thursday was to be whether aggravating circumstances — such as the heinous nature of the crime — existed that qualify the case for the death sentence.

But Trail, 52, told the court Thursday that he was waiving his right to have a jury decide on the aggravating circumstances. He spoke only briefly to answer questions from Saline County District Judge Vicky Johnson.

His fate will now be decided by a three-judge panel to be appointed by Nebraska Supreme Court Chief Justice Michael Heavican. One of the three judges will be Johnson.
Click to expand...
Attached pic is from the above article, captioned:
Aubrey Trail leaves court Wednesday after being found guilty of first-degree murder and conspiracy to commit murder.
Click to expand...

ETA: file won’t upload. See pic at link.
 
Lori Pilger on Twitter
Aubrey Trail has waived his right to have a jury hear the aggravation phase of his trial, meaning a 3-judge panel will hear it instead at a later date.

Lori Pilger on Twitter
Judge Vicky Johnson excused the jury with her thanks.

Lori Pilger on Twitter
The state’s tool-mark expert had been here, ready to talk more about all the cut marks on the body. Instead, the panel of judges will hear that testimony regarding depravity. The state dropped the aggravation alleging Trail had a history of assaultive/terrorizing behavior.

Lori Pilger on Twitter
The move prompted a big smile by George Loofe, Sydney‘s father, who appeared relieved after stoically sitting through the three-week trial hearing terrible details about her killing and dismembering.

Lori Pilger on Twitter
A juror identified only as Chris said he was surprised by Trail waiving a jury trial for the aggravation phase. “But it gets us off the hook.” Asked if he thought Trail deserves the death penalty, he said he’d rather not say.

Lori Pilger on Twitter
Chris, the juror, said he didn’t think Aubrey Trail helped his case by testifying. “I don’t think he has much credibility.”
 
Tommy Rezac on Twitter
Aubrey Trail has used his right to waive the jury’s aggravated circumstances hearing, and now, Judge Vicky Johnson and two other judges will deliberate if this case is heinous enough for a death sentence. The alternative: life in prison.

Tommy Rezac on Twitter
Judge Johnson has excused the jury, thanking them for their service. They are free to make public statements if they wish.

Tommy Rezac on Twitter
Just like that, we are adjourned. Awaiting potential comment from counsel, jury.

Tommy Rezac on Twitter
Just talked to one juror identified as “Chris.” Not the foreman, but he didn’t believe the murder was an accident.


“It was premeditated,” he said. “He kept changing his story. If he would have just reported it right away...”

Tommy Rezac on Twitter
Said most memorable moments was cutting on June 24 and then Trail’s testimony on Tuesday. Chris said that testimony was just further proof of him changing his story again.

Tommy Rezac on Twitter
No other jurors will speak I don’t think. Chris said he’s relieved that it’s over, but he’ll remember the experience for the rest of his life.
 
Jenna Liston FOX42 on Twitter
. About to head back to Omah to put together what we heard from one of the jury members & defense attorneys.


The jury member said after hearing Trail go back on his story, the jurors didn’t have a hard time deciding he was guilty.

https://twitter.com/jennalistontv/status/1149344188380659713?s=21
. Trail’s defense attorney, Joe Murray, says his team knew Trail would probably be found guilty.


Murray mentioned Trail didn’t seem to care about the verdict - but is unclear how Trail feels about the death sentence.

Jenna Liston FOX42 on Twitter
. Murray also said this is the craziest case he has had to defend.


He still believed Loofe knew Boswell/Trail before meeting them in November.
 
Lori Pilger on Twitter
Aubrey Trail's attorney, Ben Murray, said after nearly four weeks of testimony and 900 exhibits, the jury wasn’t out even three hours.

“We thought it may have been wasted effort to try to argue it to them today,” he said regarding decision to waive jury trial for aggravators.

Lori Pilger on Twitter
“While we’re not criticizing the jury’s effort yesterday,” his co-counsel, Joe Murray, said, "we weren’t going to give them another chance to make another decision today." Three-judge panel also will make written findings of fact, unlike with a jury verdict.

Lori Pilger on Twitter
Both said Trail was accepting of Wednesday night's guilty verdicts. Asked if he also would be accepting of a death sentence, Ben Murray said: “Given his health problems, I don’t know what kind of a factor that’s going to be anyway.”

Lori Pilger on Twitter
They expressed big concerns about the jury witnessing Trail slash at his throat with part of a razor blade two weeks ago, something that Ben Murray said was so shocking they just couldn’t recover from it. They asked for a mistrial, but the judge denied it.

Lori Pilger on Twitter
Nebraska caselaw says a defendant can’t cause his own mistrial, but Joe Murray said there are certain circumstances, like this, that nobody has experienced before. "How are you going to make the jurors witnesses to something like that and then judge this case?” he said.
 
J@cknsal1y said:
Lori Pilger on Twitter
Aubrey Trail's attorney, Ben Murray, said after nearly four weeks of testimony and 900 exhibits, the jury wasn’t out even three hours.

“We thought it may have been wasted effort to try to argue it to them today,” he said regarding decision to waive jury trial for aggravators.

Lori Pilger on Twitter
“While we’re not criticizing the jury’s effort yesterday,” his co-counsel, Joe Murray, said, "we weren’t going to give them another chance to make another decision today." Three-judge panel also will make written findings of fact, unlike with a jury verdict.

Lori Pilger on Twitter
Both said Trail was accepting of Wednesday night's guilty verdicts. Asked if he also would be accepting of a death sentence, Ben Murray said: “Given his health problems, I don’t know what kind of a factor that’s going to be anyway.”

Lori Pilger on Twitter
They expressed big concerns about the jury witnessing Trail slash at his throat with part of a razor blade two weeks ago, something that Ben Murray said was so shocking they just couldn’t recover from it. They asked for a mistrial, but the judge denied it.

Lori Pilger on Twitter
Nebraska caselaw says a defendant can’t cause his own mistrial, but Joe Murray said there are certain circumstances, like this, that nobody has experienced before. "How are you going to make the jurors witnesses to something like that and then judge this case?” he said.
Click to expand...

LOL! AT is the one who MADE the jurors witnesses to his neck slashing routine. The judge didn't declare a mistrial over it, so he then refused to show up for court until the day he testified, against his counsel's advice.

Is it still Mr. Murray's job to still try to defend AT? It's over. The only thing left is to determine whether he gets the death penalty.
 
molly1255 said:
LOL! AT is the one who MADE the jurors witnesses to his neck slashing routine. The judge didn't declare a mistrial over it, so he then refused to show up for court until the day he testified, against his counsel's advice.

Is it still Mr. Murray's job to still try to defend AT? It's over. The only thing left is to determine whether he gets the death penalty.
Click to expand...

I'm sure he'll appeal.
 
"They expressed big concerns about the jury witnessing Trail slash at his throat with part of a razor blade two weeks ago, something that Ben Murray said was so shocking they just couldn’t recover from it. They asked for a mistrial, but the judge denied it."

"Nebraska caselaw says a defendant can’t cause his own mistrial, but Joe Murray said there are certain circumstances, like this, that nobody has experienced before. "How are you going to make the jurors witnesses to something like that and then judge this case?” he said."

Lori Pilger on Twitter

Hmm. Is it likely they may appeal on that I wonder? (the jury witnessing the throat slashing)
 
Defense attorneys say they will file appeal as would be expected. I am curious what happens to AT now. He has been convicted but not yet sentenced. If he were sentenced to death I would presume he would be put in solitary confinement and if sentenced to Life probably put in general population. In the interim will he be kept in the evaluation facility as he was previously?
 
"The family of Sydney Loofe would like to thank the community of Wilber, Saline County, and all of our family and friends in Neligh and the surrounding area for the incredible amount of support that we’ve received throughout this ordeal. We’ve felt nothing but love and appreciated your kind words and generous acts. We would also like to thank all of the law enforcement agencies, the FBI, the Attorney General’s office, and the jurors for all of their hard work. The friendships we’ve made are priceless."
Following Trial, Loofe Family Thankful For Support
 
tresir2012 said:
"They expressed big concerns about the jury witnessing Trail slash at his throat with part of a razor blade two weeks ago, something that Ben Murray said was so shocking they just couldn’t recover from it[/B]. They asked for a mistrial, but the judge denied it."

"Nebraska caselaw says a defendant can’t cause his own mistrial, but Joe Murray said there are certain circumstances, like this, that nobody has experienced before. "How are you going to make the jurors witnesses to something like that and then judge this case?” he said."

Lori Pilger on Twitter

Hmm. Is it likely they may appeal on that I wonder? (the jury witnessing the throat slashing)
Click to expand...

Listening to the heinous testimonies of witnesses and seeing the gruesome pictures of what he did to poor Sydney’s body would have been far more traumatic to jury members than watching AT slash his throat.
MOO
 
ACE422 said:
Listening to the heinous testimonies of witnesses and seeing the gruesome pictures of what he did to poor Sydney’s body would have been far more traumatic to jury members than watching AT slash his throat.
MOO
Click to expand...

The one jury who commented about the trial was asked what was memorable and the first thing he said was the throat slashing.

From the link I posted at #305 above.

"The jury was ordered to disregard Trail's outburst.

10/11 Now spoke to a juror who is going by his first name only, Chris.

Chris said the jurors did their best to maintain their integrity throughout the case, but he'll never forget what he saw.

"I was shocked," Chris said. "I was looking at it like is this really happening in front of me?" "
 
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