SALINE COUNTY, Neb. (KOLN) - Convicted murderer Aubrey Trail appeared in Saline County Court on Wednesday morning, and the State of Nebraska provided new evidence that his motion for a new trial should be denied.
On July 10, Trail was convicted of murdering Sydney Loofe, 24, in November of 2017. His co-defendant, Bailey Boswell, is scheduled for a first-degree murder trial in March.
A week after jurors found him guilty of first-degree murder, Trail filed a request for a new trial, saying an outburst during the original trial, in which he cut his throat with a razor blade, tainted the jury.
On Wednesday, the State of Nebraska presented evidence in hopes of dismissing that motion. The State submitted a sealed affidavit from a law enforcement officer which reportedly offers proof Trail planned the outburst.
The details of the affidavit were not discussed, but matters of prison and courthouse security are mentioned.
The State is arguing that a pre-planned outburst is not a valid reason for a new trial.
However, Trail’s defense team is arguing the opposite, stating that if Trail planned the outburst and acquired a razor blade in advance, personnel at the Lincoln Diagnostic Center where he was being held may have been aware of his plan.
If the staff was aware and did not report it, that would be grounds for a new trial, according to the defense.
Judge Vicky Johnson has taken the matter under advisement, and a hearing to go over evidence and depositions is tentatively set for Dec. 31.
Trail, who was convicted on charges of first-degree murder and conspiracy to commit murder, is also facing the death penalty.
According to Trail’s defense team, it is unlikely any death penalty hearings move forward until the request for a new trial has been resolved.