Bailey Boswell will not enter a plea, attorney challenging death penalty

Posted By: Bayley Bischof 

Bailey Boswell is charged with first degree murder and improper disposal of human remains in the Sydney Loofe case, charges for which she faces capital punishment.

Her lawyer, Todd Lancaster doesn’t think she should.

When Boswell appeared in the Saline County District Court Monday morning, she was expected to enter a plea of guilty or not guilty for those charges.

Instead her lawyer filed a 22–page motion, detailing the reasons why he thinks the judge should rule the death penalty unconstitutional.

Here are a few of those reasons, according to the motion.

The state’s decision regarding who will face the death penalty is arbitrary, and could be affected by the legal experience of the prosecutor, resources of the county and prejudices or biases.

The aggravators that they use to decide who faces the death penalty, "exceptional depravity" and "ordinary standards of morality and intelligence" aren’t defined, can’t be consistently applied and are vague.

The motional also said the death penalty is used less and less often, and violates evolving standards of decency.

Boswell will be back in court September 17, that’s when her attorney will bring these reasons and more before a judge.

Neither Lancaster nor the Attorney General’s Office commented on Monday morning’s proceedings.

Aubrey Trail is accused of the same crimes in the Sydney Loofe case and also faces the death penalty.

His attorneys have not argued whether or not it’s constitutional and he entered pleas of not guilty to both charges last month.

Bailey Boswell did not enter a plea in the Saline County District Court Monday morning. 

Boswell’s attorney Todd Lancaster filed a motion challenging whether or not the death penalty statutes are constitutional.  

She’s facing two charges related to the death of Sydney Loofe, first degree murder and improper disposal of human remains. 

She is facing the death penalty in this case. 

She’ll be in court again on September 17.

Aubrey Trail, faces the same charges. He plead not guilty in the same court last month. 

We will bring you more details on Channel 8’s midday show at 11:00 a.m. 

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