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What’s next in the Bailey Boswell case

Published: Oct. 14, 2020 at 9:57 PM CDT
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LINCOLN, Neb. (KOLN) - The next step in Boswell’s trial will be sentencing.

The case will now go through numerous steps to determine if she will receive life in prison or the death penalty.

If sentenced to death she would be the first woman in Nebraska’s history to receive that punishment.

Boswell’s lawyers filed a motion late last year in the event she was found guilty. The motion was to have three judges, rather than a jury, decide if there were aggravating circumstances surrounding Sydney Loofe’s murder.

Nebraska State Statute defines aggravating circumstances as the determining factor if a defendant qualifies for the death penalty.

There are nine different definitions of aggravating circumstances but the three-judge panel would only have to determine Sydney Loofe’s murder contained one.

It’s likely the judges will be looking the closest at this one: “The murder was especially heinous, atrocious, cruel, or manifested exceptional depravity by ordinary standards of morality and intelligence”

Boswell’s codefendant Aubrey Trail is currently going through the same process.

He also elected for the three-judge panel after being found guilty on the same three felony charges.

Those panels will both contain judge Vicky Johnson who presided over both Trail and Boswell’s criminal trials, as well as two other district judges named at random by the Chief Justice of the Supreme Court.

Right now, there is no set date for when Boswell’s three-judge panel will convene.

Aubrey Trail is set to appear before his in December and will likely be sentenced at that time.

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