LINCOLN, Neb. (WOWT) – The Nebraska Supreme Court upheld Aubrey Trail’s death sentence on Thursday.
A three-judge panel convicted him in June 2021 of the 2017 murder of Sydney Loofe, whose dismembered body was found in Clay County.
In 2017, Trail and his girlfriend, Bailey Boswell, killed a woman they had just met and dumped her body. Boswell was sentenced to life in prison for her role in the murder.
Trail admitted to killing Loofe, claiming that he and Boswell lured her to his apartment in Wilber to implicate her in their criminal lifestyle. Loofe didn’t react well and he said he killed her because he was afraid she would tell others about their activities. Trail had earlier said that Loofe was killed after a sex act went wrong.
Trail appealed his sentence arguing that the court screwed up by not giving him a new trial after his own outburst. He screamed at the court and cut his throat.
But the Nebraska Supreme Court ruled he did not benefit from his own bad behavior. The state high court also upheld the constitutionality of Nebraska’s death penalty laws, finding that Trail’s sentence was neither excessive nor disproportionate.
A three-judge panel convicted Aubrey Trail in June 2021 of the 2017 murder of Sydney Loofe.
While Trail’s trial testimony was bizarre at times, the details of the case are gruesome.
Evidence showed that Trail and Boswell planned to kill Loofe after Boswell met her on a dating app. Loofe disappeared on the second date – and parts of his body were found strewn across the countryside near Wilber, Neb.
Trail is currently on death row with other notorious Nebraska killers, including Omaha serial killer Anthony Garcia and Douglas County serial killer Nikko Jenkins.
A total of 11 men are awaiting the death penalty in Nebraska. John Lotter has been on death row the longest: he killed three people in Richardson County in 1993, including Brandon Teena, the subject of the Oscar-winning film ‘Boys Don’t Cry’.
But Nebraska rarely executes the sentence. The last execution took place in 2018; the one before happened in 1997.
Why is that?
In addition to upholding Aubrey Trail’s death sentence, the state High Court also upheld the constitutionality of Nebraska’s death penalty laws.
Nebraska uses lethal injection – and struggles to get the drugs because the manufacturers don’t want their products associated with executions.
“It has never been part of the mission of corporations to states to take people’s lives against their will,” said Robert Dunham, executive director of the Death Penalty Information Center.
In fact, in the United States, executions – even death sentences – continue to decline.
“We are seeing a decrease in the use of capital punishment,” Dunham said. “It’s now legal in 27 states, but three have a moratorium on executions. Thus, for the first time in modern history, less than half of American states are not prepared to carry out executions.
If this trend continues, who knows when Nebraska will carry out its next execution.
For example, in the 1990s, there were 300 executions a year in the United States. This year there will be less than 20.
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