SALINE COUNTY – Convicted murderer Aubrey Trail’s attorney filed a request for a new trial, citing an outburst that led to him slicing his throat tainted the jury.
According to court documents, Trail’s defense attorney Ben Murray filed a motion for a new trial and the topic was discussed in Saline County Court on Wednesday.
During Trail’s June trial for the murder of 24-year-old Sydney Loofe, Trail stood up and sliced his throat with a piece of a razor blade.
Trail was eventually found guilty of first-degree murder and conspiracy to commit murder.
In addition, Murray filed a motion to rule Nebraska’s death penalty unconstitutional because “it permits judges, not juries, to make factual findings necessary to impose death sentences.”
The state now has until September 20 to submit a brief on the motion and the judge took the topic under advisement.
Trail's alleged accomplice, Bailey Boswell, is scheduled for a First Degree Murder trial in January, after a change of venue request was granted. The trial will be held in Lexington.
The two were arrested after Loofe went missing in November 2017. Her body was found dismembered in rural Clay County.