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Trail Waves Hearing, Boswell Asks For Continuance In Loofe Murder

6/19/2018

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​The two individuals charged in the death of Neligh native Sydney Loofe made their second court appearance this morning.

At the Saline County Courthouse in Wilber, Aubrey Trail, 51, appeared in person. Bailey Boswell, 24, later appeared via video. Trail's appearance took about 3 minutes while Boswell's was roughly 90 seconds.

Trail waved a preliminary hearing and will be moved to district court. Boswell's case was continued to July 24 at 11 a.m.

Benjamin and Joseph Murray were both present as Trail's counsel. They were appointed as standby counsel at last week's hearing and told the judge they will now represent Trail from this point forward.

"The defendant has agreed to let us represent him rather than just as stand-by counsel. Originally he indicated he would just handle it himself," his attorney said.

Although an election of preliminary hearing had been scheduled, Trail's attorney said, "He'll wave preliminary hearing in exchange for discovery from the state." 

By doing so, the judge informed Trail that the state "won't have to prove there is probable cause to believe the felony alleged has been committed."  

"The court finds based on its questioning the waiver is knowing, voluntary and intelligent," she said.

The case was then transferred to district court. Trail will continue to be held without bond. 

Boswell then appeared via video. Her attorney Todd Lancaster, who appeared in the courtroom in person, requested the election of preliminary hearing be continued to allow more time for "Miss Boswell to make her decision."

Both are charged with two felonies — murder in the first degree, a class 1 or 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. 

The murder charge is alleged on or about November 15-16, 2017. The disposal charge allegedly occurred between November 15 and November 30, 2017. 
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