What's next for Aubrey Trail? Gray Legal Analyst Greta Van Susteren weighs in

Published: Jul. 11, 2019 at 5:29 PM CDT
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With Aubrey Trail's criminal trial over, and

involved in the crime, you might be wondering what's next.

Gray TV Legal Analyst Greta Van Susteren helped us examine that question.

She is a former criminal defense and civil trial lawyer that got her start in TV covering the O.J. Simpson trial. She's been a major contributor for both CNN and the Fox News channel, and recently joined the our parent company, Gray Television.

Here is a transcription of our interview with Susteren.

First off a trial like this, in small town Nebraska, what we're your impressions?

"Like everyone else I was horrified. I mean the details are terrible. I've tried murder cases and you never get over the details of it. This one though is probably one of the worst I've ever read. Especially in the gruesome details. It's the horror that everyone shares when something like this happens."

The prosecution spent 12 days calling witnesses, while the defense only spent one. Is that typical in a case like this?

"I think the lawyers are probably doing the best that they can, but you play the hand that's dealt you. But you don't have terrific facts right now. That doesn't mean that he's going to get the death penalty, but one of the uphill battles when you look at the case is one of the aggravating factors is whether it's heinous or cruel. And certainly this is a murder that's heinous or cruel. Now the flip side is, the mitigating side, is that he has a criminal history, but it's not violent history."

You talked about those mitigating or aggravating circumstances, why would a jury be involved in finding a mitigating circumstance, and is Nebraska the only state to do this?

"What is sort of different about Nebraska law, once they find the aggravated, they pass it off to three judges, one judge is the trial court judge, then the chief court judge will assign two others and the mitigating will be determined there."

Aubrey Trail tried to cut his throat in court. The defense was hoping that would lead to a mistrial but it did not. Have you ever seen anything like this?

"When I read that I thought either he's trying to get a mistrial or he's trying to get some sympathy from the jury, and that's a really hard sell. When you look at the facts of the case."

Trail's accused accomplice in the case is set to be tried in mid-October. What effect could Trail's conviction have on her trial and a possible change of venue?

"Often time what you'll see when someone who is the main player in this case, is after a verdict, the next defendant to be tried will take a plea deal. You may not see Boswell go to trial in the fall, you may see she that's she's decided to take a plea offer because she's not the main player. I think the main target at all times in this case has been Trail. "

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