Boswell Appears In Court, Attorney Contests Death Penalty

The presiding judge questioned claims that Nebraska's death penalty should be considered "unconstitutional" on Monday as the woman accused of the murder of Neligh native Sydney Loofe appeared for a hearing.

"Isn't that a public policy question?" Judge Vicky Johnson asked attorney Todd Lancaster, the attorney representing Bailey Boswell.

The district judge questioned the motion brought forth by Lancaster who claimed the judicial branch is responsible for deciding if laws are constitutional. He argued that, in 2008, the Nebraska Supreme Court ruled that execution by the electric chair was unconstitutional. Prosecutors from the Nebraska Attorney General's office are expected to argue against the motion in a court brief. State prosecutor Sandra Allen filed court documents indicating that the state intends to seek the death penalty in the cases against Boswell and Aubrey Trail, who is also charged in Loofe's murder.

Boswell has still not entered a plea in the case as she awaits her attorney's challenge. Trail has pleaded not guilty.

They both face the charges of murder in the first degree, a class 1 or class 1A felony, which carries a maximum penalty of life in prison (Class 1) or the death penalty (Class 1A); and improper disposal of human skeletal remains, a class IV felony, which carries up to 2 years in prison and a fine.