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

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Judge nixes death penalty challenge by Bailey Boswell's defense attorney

Ooops - just noticed this was already shared.

A Saline County District judge denied a defense motion challenging Nebraska’s death penalty in the murder prosecution of Bailey Boswell, according to court records.

Judge Vicki Johnson said Boswell’s attorney failed to meet the legal burden to find the state's execution laws unconstitutional.

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From the Journal Star article:
In Sydney's name: Loofe family reflects a year after disappearance

Whenever her mother would come to Lincoln, Sydney would take her to Euphoria at 41st and O streets, where they'd browse the shop for crystals.

Sydney loved amethyst most because purple was her favorite color and those quartz crystals were believed to hold healing powers for physical ailments and emotional issues, her mom said.

"Although Sydney struggled with depression and anxiety, she was such a beautiful person," she said.

Sydney kept her crystal collection in a box that she'd occasionally dump on her bed, so she could admire them.

In Lincoln, those who crossed her path came to know how generous and kindhearted Sydney was, her family said.

On three occasions, she took people who were down on their luck into her home, giving them a place to stay while they worked through their problems, her mother said. She couldn't tolerate someone being mistreated or unloved.

When a younger Menards coworker was living in substandard conditions earlier last year, Sydney helped him get on his feet, letting him stay at her apartment, teaching him to save money and helping him with hygiene until he found a place of his own.

This mercy made her family proud.

"Sydney was the poster person for caring more about others (than) she did herself," her brother said.
 
JUSTICE is coming Sydney!!

rose-smiley.gif
 
I am so glad that death penalty challenge has been wrapped up so quickly.
 
vanton84 said:
Me too! For some reason in my head, I can imagine BB playing around with the story about being into amatuer video or maybe even a college project? So on that first date BB gets SL high and comfortable; they play around do a couple recordings. The nights ends with planning to see each other the next evening and BB mentioning possibly bringing someone with her (associate? student peer? buyer?) SL agrees and therefore doesn't see anything suspicous about the gentleman riding along with BB when getting picked up for the date the following evening. AT being that individual, actively filming throughout the car ride down to Wilber. Once they arrive to the destination, maybe engage in some heavier drugs and things suddenly went too far... JMO.
I see it a little strange that anyone would be soo quick to admit to guilt unless they were covering up for someone else; and the admission would inturn keep LE from investigating any further and finding out something huge.
I'm also thinking if that were true, then that video is out floating around somewhere... didn't LE state that BB's iphone was wiped clean?
Click to expand...
While on the run, BB and AT took videos of themselves and uploaded on FB - so I definitely think they were into videotaping and sharing their videos.

Yuck and double yuck.

jmo
 
scoodyboo said:
From the Journal Star article:
In Sydney's name: Loofe family reflects a year after disappearance

Whenever her mother would come to Lincoln, Sydney would take her to Euphoria at 41st and O streets, where they'd browse the shop for crystals.

Sydney loved amethyst most because purple was her favorite color and those quartz crystals were believed to hold healing powers for physical ailments and emotional issues, her mom said.

"Although Sydney struggled with depression and anxiety, she was such a beautiful person," she said.

Sydney kept her crystal collection in a box that she'd occasionally dump on her bed, so she could admire them.

In Lincoln, those who crossed her path came to know how generous and kindhearted Sydney was, her family said.

On three occasions, she took people who were down on their luck into her home, giving them a place to stay while they worked through their problems, her mother said. She couldn't tolerate someone being mistreated or unloved.

When a younger Menards coworker was living in substandard conditions earlier last year, Sydney helped him get on his feet, letting him stay at her apartment, teaching him to save money and helping him with hygiene until he found a place of his own.

This mercy made her family proud.

"Sydney was the poster person for caring more about others (than) she did herself," her brother said.
Click to expand...

Of all the articles about Sydney, this particular one struck me the most.
The world is in great need of people like Sydney; caring and compassionate; someone who clearly helped others when they were in need. Sydney certainly isn't the only person out there going above & beyond and doing kind things like this, but there aren't enough people who do.

And now the world has one less. Sad.
 
Niner said:
So - anyone believe the 12/17 hearing (enter plea) is still a go??

@Eleven_11 - could you please check the court site? TIA! :)
Click to expand...
confused2-smiley-face.gif
I remembered a 12/17 hearing for Boswell as well, and was surprised to see there was one yesterday. I can't access court sites unfortunately.
 
Niner said:
Well - this answered my question.

Bailey Boswell pleads not guilty to murder, dismemberment charges in death of Sydney Loofe

Boswell, 24, entered the plea in writing, which cancels a planned Dec. 17 arraignment in Saline County District Court. The plea comes a week after District Judge Vicky Johnson rejected Boswell’s motion to nullify the state’s death penalty.

I shall wait & see if Eleven_11 might get a court date for us. :)
Click to expand...

No court dates listed for her now on the website.
 
Wednesday, December 5th:
*Status Hearing (@ pm CT) – NE – Sydney Loofe (24) (Nov. 15, 2017, Lincoln; 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. 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.
8/20/18 Update: Defense attorney, Joseph Murray, filed three motions at Monday's hearing. The first asked the court to allow the defendant to take witness depositions to include as evidence in the case. Those witnesses will be interviewed on Sept. 19 and 20. Motion to hire a private investigator at a maximum cost of $10,000, and asked that the court release documents regarding the investigation and information gathered from the search warrant. No further court dates given.
8/21/18 Update: Next Status hearing on 9/20.
9/20/18 Update: Motion hearing also Trail requests TV or radio since in solitary confinement. Judge will take up today.
9/21/18 Update: Saline County District Judge approved the defense's requests to hire a pathologist *& forensic anthropologist to review the case. She also approved a request for computer access so Trail can review the files. One of Trail's court-appointed attorneys had asked for TV or radio access for their client but withdrew the motion after he was granted computer access. The computer won't have access to the Internet. Bound over for trial. Jury selection to begin 6/17/19. Next Status hearing on 12/12.
9/26/18 Update: Had competence hearing. Trail will be evaluated by a psychiatrist to assess whether or not he is competent to stand trial. Back in court 12/5 for a status hearing.
10/24/18 Update: Hearing on 11/7, Status hearing on 12/5 & 12/12, trial will begin 6/17/19 thru 7/5/19.
11/7/18 Update: Found competent to stand trial (report is sealed by Judge). Status hearing for 12/12 has been removed from court site. Next Status hearing on 12/5, with Trial starting 6/17/19.
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.
8/3/18 Update: Sentenced to 10 years in prison for gold scam.
*Bailey M. Boswell (23) charged & indicted (6/11/18) with 1st degree murder & improper disposal of human remains. No bond. DA will seek DP.
6/18/18 Update: Asked for continuance on 6/19 prelim hearing, which was set for 7/24.
7/24/18 Update: Waives right to prelim hearing, next arraignment hearing is August 6 to enter her plea; DA has not decided whether to seek DP against her yet.
8/1/18 Update: DA files motion to seek DP against Boswell.
8/6/18 Update: Defense attorney files motion arguing against the death penalty, Judge postpones arguments to motion to be heard on 9/17.
9/17/18 Update: The court heard arguments on Monday in the case of Boswell to declare Nebraska's death penalty statutes unconstitutional in the murder of Lincoln store clerk Sydney Loofe. State prosecutors said they plan to seek the death penalty for Boswell on Aug. 1, citing the slaying's "exceptional depravity". The state will have until Oct. 1 to file a written response to the motion, and Boswell's defense will have one week after that to respond.
10/24/18 Update: No info on State or Defense responses.
11/20/18 Update: Judge Vicky Johnson has rejected a death penalty challenge from the defense. Judge said in a ruling issued Tuesday that Boswell's challenge was premature, because Boswell has not yet been convicted nor has her case been deemed eligible for the death penalty. Next Plea hearing on 12/17.
11/30/18 Update: Plea hearing on 12/17 was cancelled. No further dates available.
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.
8/3/18 Update: Sentenced to 5 years in prison for gold scam.
 
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