WILBER, Neb. – A Nebraska murder trial has resumed without the presence of the defendant who slashed his neck in the courtroom.
Judge Vicky Johnson noted 52-year-old Aubrey Trail’s absence to jurors Tuesday, saying Trail chose not to attend.
Trail yelled “Bailey is innocent, and I curse you all” Monday before swiping an unknown object across his neck and falling off his wheelchair in the courtroom in Wilber, Nebraska. Deputies rushed to help as Trail lay bleeding on the floor.
Nearby TV station KETV in Omaha, Nebraska, obtained video of the courtroom as Trail shouted and slashed his neck.
Trail’s attorney, Joe Murray, says Trail needed stitches but was released from a hospital. Murray also says a potential mistrial was discussed but that Nebraska law says a defendant’s actions cannot cause a mistrial.
The judge said Trail will be handcuffed for the remainder of his appearances.
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Trail and Bailey Boswell, 25, are charged with first-degree murder in the killing and dismemberment of Sydney Loofe, 24 in 2017.
The Omaha World-Herald reports that in his opening remarks, Nebraska Assistant Attorney General Sandra Allen said Trail and Boswell used the online dating app Tinder to meet Loofe, then killed her within days and used a hack saw and wire snips to dismember and dispose of her body. Allen told jurors it was a planned abduction and killing.
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Trail’s attorney, Joe Murray, told jurors that Trail was “not a particularly nice man” but that Loofe’s killing was an accident that occurred as the three played out a consensual sex fantasy.
Last week, Trail pleaded guilty to improper disposal of Loofe’s remains. Prosecutors are seeking the death penalty for both Trail and Boswell.
Boswell awaits trial set for October, according to local station KOLN.
Contributing: Adrianna Rodriguez, USA TODAY
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