SALINE COUNTY – A judge has denied convicted murderer Aubrey Trail’s request for a new trial, according to an order issued Monday.
Trail’s defense team requested a new trial in September, stating the jury pool was tainted by an outburst in which he stood up in the courtroom and cut his own throat, among other complaints.
However, Judge Vicky Johnson cited Nebraska's rule that a “defendant may not cause his own mistrial through his own behavior” in her decision to overrule the request in its entirety.
The decision also states that Johnson spoke to each of the jurors after Trail cut his throat on June 24, 2019, and each said they were able to proceed and remain neutral.
Trail was convicted of first-degree murder on July 10 for killing 24-year-old Sydney Loofe in November 2017.
Trail’s co-defendant, Bailey Boswell, is scheduled for a first-degree murder trial in March.
A motion has also been filed on Trail’s behalf to declare the death penalty unconstitutional. If that plea is overruled as well, the case will proceed to a three-judge panel who will decide if Trail will receive the death penalty.