Found Deceased NE - Sydney Loofe, 24, Lincoln, 15 Nov 2017 - #3

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I do think there is much to be heard. Judging by the dual attorney team for AT. They seemed a bit shocked at rhe large case file. Seems they may have glimpsed it over at the time we heard from them, and already were a bit shaken. I feel there is going to be much more than meets the eye. Not to mention, AT will make it way more difficult than it already is. Anxious for the details. I feel poor Sydney dis not have a easy ending. My hope was that she passed quickly or was drugged up enough to not be fully aware. All above is MOO.
 
Friday, July 13th:
*Arraignment Hearing (@ 9:30am CT) –NE – Sydney Loofe (24) (Nov. 15, 2017; found Dec. 4 & 6, 2017) – only for Aubrey C. Trail (51) charged & indicted (6/11/18) with 1st degree murder & improper disposal of human remains. No bond. Wants to proceed Pro-Se, Judge appoints ‘stand-by’ attorneys for him.
2/2/18: AT says "accidentally suffocated Sydney”.
4/3/18: Aubrey Trail agrees to plead guilty to one of the 14 counts Federal fraud case ($400K gold scam), each of which is punishable by up to 10 years in prison or a $250,000 fine; sentencing date is August 3rd.
6/12/18: DA has not decided on whether it will be a DP case.
6/19/18: Waives right to prelim hearings & agrees to have lawyers; case is bound over to the district court.
7/3/18 Update: Trail tries to withdraw his guilty plea in fraud case, cites state of mind, coercion. U.S. District Judge John Gerrard will consider Trail's request at sentencing in August. At his sentencing, Trail would face up to 10 years in federal prison, $250,000 in fines and hundreds of thousands of dollars in restitution.
7/12/18 Update: DA will seek the death penalty for Trail.
*Bailey M. Boswell (23) charged & indicted (6/11/18) with 1st degree murder & improper disposal of human remains. No bond. Has Prelim hearing 7/24/18.
5/4/18: Boswell pleads guilty in Federal fraud case ($400K gold scam); in exchange for her plea Judge will dismiss the remaining 13 counts. Boswell faces up to 10 years in federal prison and a $250,000 fine at her sentencing on August 3rd.
6/19/18 Update: Asked for continuance on 6/19 prelim hearing, which is set for 7/24.
 
Niner said:
Friday, July 13th:
*Arraignment Hearing (@ 9:30am CT) –NE – Sydney Loofe (24) (Nov. 15, 2017; found Dec. 4 & 6, 2017) – only for Aubrey C. Trail (51) charged & indicted (6/11/18) with 1st degree murder & improper disposal of human remains. No bond. Wants to proceed Pro-Se, Judge appoints ‘stand-by’ attorneys for him.
2/2/18: AT says "accidentally suffocated Sydney”.
4/3/18: Aubrey Trail agrees to plead guilty to one of the 14 counts Federal fraud case ($400K gold scam), each of which is punishable by up to 10 years in prison or a $250,000 fine; sentencing date is August 3rd.
6/12/18: DA has not decided on whether it will be a DP case.
6/19/18: Waives right to prelim hearings & agrees to have lawyers; case is bound over to the district court.
7/3/18 Update: Trail tries to withdraw his guilty plea in fraud case, cites state of mind, coercion. U.S. District Judge John Gerrard will consider Trail's request at sentencing in August. At his sentencing, Trail would face up to 10 years in federal prison, $250,000 in fines and hundreds of thousands of dollars in restitution.
7/12/18 Update: DA will seek the death penalty for Trail.
*Bailey M. Boswell (23) charged & indicted (6/11/18) with 1st degree murder & improper disposal of human remains. No bond. Has Prelim hearing 7/24/18.
5/4/18: Boswell pleads guilty in Federal fraud case ($400K gold scam); in exchange for her plea Judge will dismiss the remaining 13 counts. Boswell faces up to 10 years in federal prison and a $250,000 fine at her sentencing on August 3rd.
6/19/18 Update: Asked for continuance on 6/19 prelim hearing, which is set for 7/24.
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Thank you, Niner. It's helpful to have all this in one place.

And it shows Aubrey in action - changing stories, changing his approach: I'm guilty. I don't want a lawyer. I'm not guilty. I do want a lawyer. Manipulators constantly are doing abrupt changes like that. He's classic.

He's also never going to leave jail. JMO.
 
scoodyboo said:
He pleaded not guilty.

I keep thinking back to that video they put on facebook.

And his story of it all an accident during sex with two others,was it? Where are they?

Poor Sydney; this is all so awful.
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And when he admitted to being a con but he would never kill someone. Barf.

He wants his trial so he can be in the spotlight again.
 
Thanks for the update - on him pleading not guilty. Is there an article on that? Any next court date?

TIA!

edited to add - never mind found an article (unbelievable recent!)

Trail pleads not guilty to murder of Sydney Loofe

back in court on 8/20

Oh - and next up on 7/24 Boswell for her prelim hearing which was postponed from 6/19.
 
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Inthedetails said:
Aubrey, master manipulator, is doing his work. He will have a story, then change it, change it again, claim he spoke under duress, change it again, talk, talk, talk until he is the hero in the story, and then keep talking until he is also the victim who has been wronged.

I'm confident LE and the court know how to deal with manipulators.

jmopinion
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I agree. He gets the final vote? Really? I don't think the judge will like that very much.
 
Are AT and BB going to be tried jointly or can they choose separate trials? How does this usually get done?
Will BB be able to use the AT confession to media to exonerate her? IIRC he said she was out of the room at the time. BB is the clever one here, saying nothing. She may do a deal and agree to the disposal of the body only. AJMO
 
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I'm guessing it's up to her lawyers whether she wants a separate trial. I've noticed that when they have different court dates, they will have different trial dates, but don't take my word on it! :)
 
Shiressleuth said:
Are AT and BB going to be tried jointly or can they choose separate trials? How does this usually get done?
Will BB be able to use the AT confession to media to exonerate her? IIRC he said she was out of the room at the time. BB is the clever one here, saying nothing. She may do a deal and agree to the disposal of the body only. AJMO
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She's following advice from her lawyer, it seems.

And he's following the advice of...himself.

The difference shows.

jmo
 
Shiressleuth said:
Are AT and BB going to be tried jointly or can they choose separate trials? How does this usually get done?
Will BB be able to use the AT confession to media to exonerate her? IIRC he said she was out of the room at the time. BB is the clever one here, saying nothing. She may do a deal and agree to the disposal of the body only. AJMO
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Under Nebraska law, which follows Federal Law, there is no right to a separate trial. It requires that a defendant or more than one defendant prove that they would be prejudiced by being tried together. Long quotes coming so fair warning.

Nebraska Legislature

Chapter 29 Section 2002
29-2002.
Joinder of offenses; joint trial; separate trials; when permitted; procedure.
(1) Two or more offenses may be charged in the same indictment, information, or complaint in a separate count for each offense if the offenses charged, whether felonies or misdemeanors, or both, are of the same or similar character or are based on the same act or transaction or on two or more acts or transactions connected together or constituting parts of a common scheme or plan.

(2) The court may order two or more indictments, informations, or complaints, or any combination thereof, to be tried together if the offenses could have been joined in a single indictment, information, or complaint or if the defendants, if there is more than one, are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses. The procedure shall be the same as if the prosecution were under such single indictment, information, or complaint.

(3) If it appears that a defendant or the state would be prejudiced by a joinder of offenses in an indictment, information, or complaint or by such joinder of offenses in separate indictments, informations, or complaints for trial together, the court may order an election for separate trials of counts, indictments, informations, or complaints, grant a severance of defendants, or provide whatever other relief justice requires.
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What I bolded above is the operative section in terms of what is going on with both Aubrey Trail and Bailey Boswell. The documents that have been linked charging them with Murder (and other crimes) are identical. Section 3 above would be operative if one of the two were to allege they would be prejudiced in being tried together.

If you have read the documents that were linked in charging Aubrey Trail with Murder and other crimes and charging Bailey Boswell with Murder and other crimes you will notice that they are identical documents except for the name of the person charged. The court may order separate trials however it is incumbent upon one or both defendants proving prejudice. This must occur before a jury is impaneled.

In terms of an appeal based on a court disallowing separate trials, the standing position of Nebraska Courts is:

  • Severance is not a matter of right, and a ruling of the trial court with regard thereto will not be disturbed on appeal absent a showing of prejudice to the defendant. State v. Mowell, 267 Neb. 83, 672 N.W.2d 389 (2003).

  • If the offenses charged are of the same or similar character or are based on the same act or transaction, the offenses may be joined in one trial. The right to separate trials is statutory and depends upon a showing that prejudice will result from a joint trial. The defendant bears the burden of proving that prejudice will result from a joint trial. State v. Evans, 235 Neb. 575, 456 N.W.2d 739 (1990).

  • Pursuant to subsections (2) and (3) of this section, two or more defendants may be tried together. There is no constitutional right to a separate trial, and a separate trial will only be granted upon a showing of prejudice. State v. Ryan, 233 Neb. 74, 444 N.W.2d 610 (1989).

  • The trial court's ruling on a motion for consolidation of prosecutions properly joinable will not be disturbed in the absence of an abuse of discretion. The right to separate trials is statutory and depends upon a showing that prejudice will result from a joint trial. The defendant bears the burden of proving that prejudice will result from a joint trial. State v. Andersen, 232 Neb. 187, 440 N.W.2d 203 (1989).

  • The right to a separate trial is statutory, and depends upon a showing that prejudice will result from a joint trial. The burden is on the party challenging the joint trial to demonstrate how and in what manner he or she was prejudiced. State v. Clark, 228 Neb. 599, 423 N.W.2d 471 (1988).

  • Joinder of criminal defendants for trial in a manner inconsistent with this section is prejudicial per se, and severance is not a matter of discretion but a matter of right. State v. Lee, 227 Neb. 277, 417 N.W.2d 26 (1987).

  • Even where prosecutions are otherwise properly consolidated for trial, court may grant separate trials upon showing prejudice will result from joint trial. State v. Pope, 192 Neb. 755, 224 N.W.2d 521 (1974).

  • Right to separate trial depends upon showing that prejudice will result from joint trial. State v. Clark, 189 Neb. 109, 201 N.W.2d 205 (1972); State v. Adams, 181 Neb. 75, 147 N.W.2d 144 (1966); State v. Erving, 180 Neb. 824, 146 N.W.2d 216 (1966).

  • There is no constitutional right to a separate trial. State v. Clark, 189 Neb. 109, 201 N.W.2d 205 (1972).

  • Defendants challenging a joint trial must affirmatively demonstrate that the joint trial has prejudiced their individual rights. State v. Rice, 188 Neb. 728, 199 N.W.2d 480 (1972).

  • When the offenses charged are of the same or similar character or are based on the same act or transaction or on connected acts, they may be joined. If it appears that such joinder would prejudice defendant, the court may order an election for separate trials of the counts. State v. Rodgers, 186 Neb. 633, 185 N.W.2d 448 (1971).

  • Severance, under this section, is not a matter of right. State v. Foster, 183 Neb. 247, 159 N.W.2d 561 (1968).

  • Under 1957 amendment to this section, jointly charged defendants are not entitled to a separate trial as a matter of right. State v. Cook, 182 Neb. 684, 157 N.W.2d 151 (1968).

  • Right to separate trial is granted only to persons charged with felony and not to those jointly charged with misdemeanor. Nash v. State, 110 Neb. 712, 194 N.W. 869 (1923).

  • One, jointly indicted with others for a felony, is entitled to separate trial as a matter of right, if request is made in season. Reed v. State, 93 Neb. 163, 139 N.W. 1015 (1913).

  • Whether separate trials are required depends upon a defendant's showing that prejudice will result from a joint trial. State v. Dandridge, 1 Neb. App. 786, 511 N.W.2d 527 (1993).

  • 3. Motion for separate trial

  • A motion for a separate trial is addressed to the sound discretion of the trial court, and its ruling on such motion will not be disturbed on appeal absent a showing that the court abused its discretion. State v. Knutson, 288 Neb. 823, 852 N.W.2d 307 (2014).

  • Because Fed. R. Crim. P. 14(a) is the federal equivalent of subsection (3) of this section, Nebraska courts look to federal cases for guidance in determining whether a severance should be granted. State v. Knutson, 288 Neb. 823, 852 N.W.2d 307 (2014).

  • Severance is not a matter of right and a ruling of the trial court with regard thereto will not be disturbed in absence of showing of prejudice. State v. Nance, 197 Neb. 95, 246 N.W.2d 868 (1976).

  • A motion for separate trial in a criminal case is addressed to the sound discretion of the trial court. State v. Hall, 176 Neb. 295, 125 N.W.2d 918 (1964).

  • Motion for separate trial is addressed to sound discretion of trial court, and ruling thereon will not be disturbed in absence of abuse of discretion. State v. Brown, 174 Neb. 387, 118 N.W.2d 328 (1962).

  • Motion may be made either by prisoner or state and objection to severance is too late after jury is empaneled. Metz v. State, 46 Neb. 547, 65 N.W. 190 (1895).
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Anything can happen. About the only thing I will predict with certainty is that Aubrey Trail will cause a mistrial the first time this goes to court whether tried separately or together.
 
TYVM for your helpful info Jethro. I agree with you and I think that is reason enough for BB to request a separate trial due to his shenanigans.

My additional question is can she use his statement to the media (which he is now trying to withdraw) to her benefit? Also, as he was (presumably) read his rights and told by the judge - his statement may be used anyway. ( IMO of course)
 
Tuesday, July 24th:
*Prelim Hearing (@ 11am CT) - NE - Sydney Loofe (24) (Nov. 15, 2017; found Dec. 4 & 6, 2017) – only for *Bailey M. Boswell (23) charged & indicted (6/11/18) with 1st degree murder & improper disposal of human remains. No bond.
6/18/18 Update: Asked for continuance on 6/19 prelim hearing, which is set for today, 7/24.
5/4/18: Boswell pleads guilty in Federal fraud case ($400K gold scam); in exchange for her plea Judge will dismiss the remaining 13 counts. Boswell faces up to 10 years in federal prison and a $250K fine at her sentencing on Aug. 3rd.
*Aubrey C. Trail (51) charged & indicted (6/11/18) & arraigned (7/13/18) with 1st degree murder & improper disposal of human remains. Plead not guilty. No bond. DA will seek DP.
2/2/18: AT says "accidentally suffocated Sydney”.
6/19/18: Waives right to prelim hearings & wanted to proceed Pro-Se, Judge appoints ‘stand-by’ attorneys & agrees to have lawyers; case is bound over to the District court. Next Status hearing on 8/20.
4/3/18: Aubrey Trail agrees to plead guilty to one of the 14 counts Federal fraud case ($400K gold scam), each of which is punishable by up to 10 years in prison or a $250,000 fine; sentencing date is August 3rd.
7/3/18 Update: Trail tries to withdraw his guilty plea in fraud case, cites state of mind, coercion. U.S. District Judge John Gerrard will consider Trail's request at sentencing in August. At his sentencing, Trail would face up to 10 years in federal prison, $250,000 in fines and hundreds of thousands of dollars in restitution.


 
from the link above ^^

SALINE COUNTY -- Bailey Boswell waived her right to a preliminary hearing on Tuesday morning in Saline County court.


Boswell appeared in person for the first time, and decided to waive her preliminary hearing.


Her case is now bound over to District Court, and she will appear next on August 6 at 10 a.m.

and they both will be sentenced on August 3rd for the fraud case.
 
When Boswell appears for arraignment in Saline County District Court next month, she will likely enter a plea of not guilty, as is common at arraignments.

She will also learn whether the Nebraska Attorney General’s Office intends to seek the death penalty in her case as they are in their prosecution of 51-year-old Trail.

Murder case against Bailey Boswell advances to higher court
 
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scoodyboo said:
Thursday's Lincoln Journal Star has an article about Trail seeking preservation of his property from the Wilbur apartment. Apparently the landlord sent notice of deadline to get his stuff out of there. Items listed include shackles! Plus 56 Beanie Babies.
Shackles, a lion rug, 56 Beanie Babies: Aubrey Trail's attorney wants his client's property preserved
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I'm hoping the Beanie Babies were part of his business of selling collectables and not for some other nefarious purpose.

This part got me curious, bolded by me: "The inventory includes clues to what investigators have focused on in the apartment, including the washer and dryer, which reportedly had parts removed by the FBI, and several empty picture frames from the master bedroom."

I wonder what empty picture frames have to do with the crime? Blood spatter on them, perhaps??

jmo

Same link as above: Shackles, a lion rug, 56 Beanie Babies: Aubrey Trail's attorney wants his client's property preserved
 
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