WILBER, Neb. -- Aubrey Trail is requesting a new trial, one week after he was convicted of murdering Sydney Loofe. He doesn't think the jury's verdict was fair, according to court documents.
The documents filed today in Saline County District Court list five reasons Trail believes his rights were violated:
1.) Irregularity in proceedings of the court and/or the prosecuting attorney, witnesses, or abuse of discretion which prevented Trail from having a fair trial. Incidents highlighted include the Court's denial of defendant's pretrial motion to exclude evidence of Home Depot purchases, the Court's decision to allow gruesome photographs which unfairly prejudiced the jury, and the Court's denial of the defendant's motion for mistrial after the defendant sliced his throat with a razor in front of the jury.
2.) Misconduct of the jury, of the prosecuting attorney, or of the witnesses for the state.
3.) Accident or surprise which ordinary prudence could not have guarded against.
4.) The verdict is not sustained by sufficient evidence or is contrary to law, as admitted by the State of Nebraska at closing argument, when the prosecuting attorney stated they had no evidence and no knowledge as to who strangled the victim.
5.) Error of law occurring at trial.
On July 10, Trail was convicted in Saline County District Court of First Degree Murder in the death of Loofe. Loofe, a 24-year-old Lincoln woman, was last seen in November 2017. Two weeks later, her body was found dismembered in 13 pieces in Clay County.
After two days of jury selection and 14 days of testimony, it took the jury less than three hours to convict Trail. Last Thursday, he waived his right to an aggravated circumstances hearing. Whether he gets the death penalty will be up to a three judge panel, but no date has been scheduled for that hearing.
Trail's alleged accomplice, Bailey Boswell, is scheduled for a First Degree Murder trial in October, but her defense told 10/11 NOW, it'll request a change of venue.