Aubrey Trail’s defense team awaits judge’s decision on motion for mistrial

Convicted murderer Aubrey Trail was in court on Wednesday.

His defense team team was giving their case on why they think he deserves a re-trial.

Trail’s defense attorney Ben Murray believes Trail was treated unfairly throughout the three week trial, especially after the jury saw him slice his throat in the courtroom.

“Obviously, the suicide attempt in the middle of the courtroom, in front of the jury. We thought that was just too prejudicial, the jury just couldn’t get over it. We think we should have been granted the mistrial when we made that motion at the trial, and so we think that was a mistake and so we think we should be able to get another shot at it,” said Murray.

Back in July, Aubrey Trail was found guilty of first degree murder of Lincoln woman Sydney Loofe.

Murray took issue with several incidents during the trial, including the court’s allowance of a woman to remain on the jury even after making prejudicial comments during jury selection.

“She believed that, I think the quote was that the death penalty was “too good” for Aubrey Trail. They were obviously prejudiced to begin with, so we thought that was unfair too,” said Murray.

The prosecution used evidence of Trail buying power tools in the days leading up to the murder, saying he had planned it.

Murray filed a motion to prevent it, but was denied.

He says it had nothing to do with how Sydney Loofe died, which experts say was by asphyxiation.

“Even if you believed everything the state said, all of those items were used in the dismemberment of the body, so we didn’t believe they were relevant to be used to convict him in the murder,” said Murray.

Murray says after 3 weeks of testimony, the prosecution stated in closing arguments that no one knows who killed Loofe between Bailey Boswell and Trail.

The jury reached a verdict in less than three hours, which was evidence of unfair treatment, according to Murray.

“A four week trial, we had over 800 exhibits, the jury was out for two hours, and of that two hours, I don’t even think the exhibits had been delivered to them until within 30 minutes of the verdict,” said Murray.

Following Trail’s guilty verdict, the defense team of his partner in crime, Bailey Boswell, requested and was granted a change in location for her trial, slated to begin in March of 2020.

It will now be held in Dawson county.

Judge Vicky Johnson will decide whether or not a re-trial is necessary in this case.

Murray anticipates a decision to come down by the end of the week.

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