In a letter to the Journal Star last month, Aubrey Trail said: "My message to whoever is listening is simple: 'You gave me the death penalty so now use it.'"
Assistant Nebraska Attorney General Stacy Foust asked the Supreme Court to affirm Boswell's conviction, saying: "Boswell did not get to sanitize her crimes by picking the state's evidence for it."
The district court "found Trail’s act of self-harm was 'a calculating gesture,' and we will not disturb this finding on appeal," the Supreme Court said.
Listen to the fifth and final episode of the current season of Late Edition: Crime Beat Chronicles that reviews the Sydney Loofe murder case.
A reporter talks about the Sydney Loofe case and provides updates of recent developments in the latest episode of Late Edition: Crime Beat Chronicles.
🎧 Listen to the third chapter of the Crime Beat Chronicles podcast that looks into the disappearance of a 24-year-old Nebraska woman.
🎧 Listen to the third chapter of the Crime Beat Chronicles podcast that looks into the disappearance of a 24-year-old Nebraska woman.
🎧 Listen to the third chapter of the Crime Beat Chronicles podcast that looks into the disappearance of a 24-year-old Nebraska woman.
"The defendant doesn't get rewarded for bad behavior," said James D. Smith, senior assistant Nebraska attorney general.
🎧 Listen to the second chapter of the Crime Beat Chronicles podcast that looks into the disappearance of a 24-year-old Nebraska woman.
🎧 Listen to the first chapter of the new season of the Crime Beat Chronicles podcast that looks into the disappearance of a 24-year-old Nebraska woman.
Here's a look at the events in the Sydney Loofe murder case. Bailey Boswell and her boyfriend, Aubrey Trail, both were convicted of murdering Loofe, a 24-year-old Lincoln store clerk.
Bailey Boswell will not be the first woman in Nebraska to receive a death sentence. A three-judge panel sentenced her to life in prison without parole for the 2017 murder and dismemberment of Lincoln woman Sydney Loofe.
The Nebraska Supreme Court overruled Aubrey Trail's motion to serve as his own lawyer, saying he had failed to serve notice of his request to the Nebraska Attorney General's Office.
Convicted murderer Aubrey Trail said he just wants to get things over with, despite his lawyers’ efforts to spare his life. “I did it, I’m guilty, I’m not looking to win on a technicality."
Bailey Boswell would become the first woman sentenced to death in Nebraska if a three-judge panel determines that's the appropriate sentence for her role in the slaying of Sydney Loofe.
"This is something Aubrey Trail has done over and over and over again to women," defense attorney Todd Lancaster said.
The prosecutor pointed to the gratuitous number of cuts to dismember Sydney Loofe's body and cut marks around the tattoo on her arm that said "Everything will be wonderful someday" as signs that Bailey Boswell and Aubrey Trail relished the crime.
Trail addressing the Loofe family. "I won't say I'm sorry, as that would be an insult to you after what I put you through, and I won't ask for forgiveness."
"As Nebraska has never had a woman sentenced to the death penalty, such a policy has not been necessary," Scott Frakes said in a letter to the top prosecutor in Bailey Boswell's first-degree murder case.
"The NDCS has a policy and procedure for housing male inmates sentenced to the death penalty, but does not have a specific policy or procedure for housing female inmates sentenced to the death penalty," her attorney said.
The sentencing date was set Thursday by Saline County District Judge Vicky Johnson, who presided over Aubrey Trail's murder trial and is one of three judges assigned to determine his fate.
Assistant Attorney General Doug Warner, however, argued that Aubrey Trail and Bailey Boswell planned for several months to abduct and kill someone for sexual gratification.
Prosecutors allege Sydney Loofe's killing showed exceptional depravity, an aggravating circumstance that would make his case eligible for a death sentence.
Aubrey Trail told the presiding judge that he "does not wish to attend" the hearings that will determine whether he's sentenced to life in prison or to death.