LEXINGTON, Neb. (KLKN) — Bailey Boswell, facing first-degree murder and conspiracy to commit murder charges, is set to appear in Lexington courts Wednesday, Sept. 23.
We have a Channel 8 Eyewitness News reporter on scene and will bring you updates as the trial unfolds.
Boswell is on trial for the 2017 murder of 23-year-old Sydney Loofe.
SCOLL DOWN to read about important milestones in the three-year-long investigation and trial.
Saline County Judge, Vicky Johnson, filed a motion on to postpone the trial for Bailey Boswell.
She was set to face first-degree murder charges in a Lexington court on March 16th.
The trial has been delayed until further notice due to “the Court having a family medical emergency”.
A judge has granted a change of venue for the trial of Bailey Boswell, according to court records. The trial has been moved from Wilber, in Saline County, to Lexington, in Dawson County.
The new trial is scheduled for March 16, 2020.
Boswell’s attorney, Todd Lancaster, submitted a request for a change of venue concerning her upcoming October trial in the Loofe murder case.
Lancaster’s motion cites several reasons for the change, including extensive media coverage of Loofe’s murder and the trial and conviction of Boswell’s co-defendant and boyfriend Aubrey Trail.
“There is a pattern of deep and bitter prejudice in the venire,” Lancaster wrote in the motion. Venire is another term for the jury pool.
Lancaster argued that trying Boswell’s case in Saline County, where Trail’s was held, or using a jury comprised of a petit jury from Saline County “will violate Defendant’s right to a fair trial by an impartial jury guaranteed by the 6th and 14th Amendments.”
Friday’s motion did not list a county where the trial may be held if moved. A hearing in the case is scheduled for next month.
Aubrey Trail was found guilty of first-degree murder and conspiracy to commit murder. He now faces the death penalty. The decision came only hours after the more than three-week trial ended.
A two-week jury trial has been scheduled to begin Oct. 15 for Bailey Boswell. Along with Aubrey Trail, Boswell is accused of killing Loofe.
Court documents show Bailey Boswell entered a not guilty plea on charges of first-degree murder and unlawful disposal of human skeletal remains.
Aubrey Trail, who is scheduled for trial in June, has also pleaded not guilty to the same charges.
When Boswell appeared in the Saline County District Court Monday morning, she was expected to enter a plea of guilty or not guilty for those charges.
Instead, her lawyer filed a 22–page motion, detailing the reasons why he thinks the judge should rule the death penalty unconstitutional.
Here are a few of those reasons, according to the motion.
The state’s decision regarding who will face the death penalty is arbitrary and could be affected by the legal experience of the prosecutor, resources of the county, and prejudices or biases.
The aggravators that they use to decide who faces the death penalty, “exceptional depravity” and “ordinary standards of morality and intelligence” aren’t defined, can’t be consistently applied, and are vague.
The motion also said the death penalty is used less and less and violates evolving standards of decency.
Boswell will be back in court September 17, that’s when her attorney will bring these reasons before a judge.
Aubrey Trail’s attorneys have not argued whether or not it’s constitutional and he entered pleas of not guilty to both charges last month.
The Nebraska Attorney General’s Office will seek the death penalty against Bailey Boswell in the Loofe murder case, as well.
In released court documents, the state says the murder of Loofe “manifested exceptional depravity by ordinary standards of morality and intelligence.”
If convicted, Boswell would become the 14th person on Nebraska’s death row.
Tuesday, Bailey Boswell appeared in person at the Saline County Court for the first time for first-degree murder charges.
Boswell’s attorney Todd Lancaster announced, “We will waive the preliminary hearing in exchange for the state providing investigative reports,’
This means the state won’t have to prove probable cause that the crimes were committed and that Boswell committed them, Judge Linda Bauer said.
The case against Boswell will now be forwarded to the Saline County District Court for further proceedings.
Investigators allege Boswell and Trail planned Loofe’s murder. Court documents said they found video of the two buying tools used to dismember Loofe’s body on Nov. 15, the day of her disappearance.
Court documents identify the cause Loofe’s death was ruled strangulation.
Boswell will be re-arraigned in the District Court on August 6, at that time she’ll enter a plea of guilty or not guilty.
Trail also waived his right to a preliminary hearing and appeared in the district court two weeks ago. He pleaded not guilty to both charges.
Trail is facing the death penalty in this case. The Attorney General’s Office hasn’t yet said if they’ll also seek the death penalty for Boswell.
On Monday, the Nebraska Attorney General’s Office announced they’re charging Aubrey Trail and Bailey Boswell with first-degree murder of Sydney Loofe.
Trail and Boswell are also being charged with improper disposal of human skeletal remains.
Charges were filed in Saline County. The two will appear via video conference at 11:00 a.m. Tuesday in the Saline County Court.
Trail has said he’s accountable in Sydney’s death but has long insisted Boswell had no involvement in it.
“Bailey was in a different room,” Trail said over the phone in February. “What she’d done was already done. She had nothing to do with Sydney’s death. She was not there when it occurred.”
The family of Sydney Loofe is confirming reports that her body has been found.
The family posted on the “Finding Sydney Loofe” Facebook page: “It’s with heavy hearts that we share this most recent update with you all. Please continue to pray for Sydney and our entire family. May God grant eternal rest unto thee. We love you Sydney.”
After three weeks of searching, Loofe’s remains were found in plastic bags located near Clay Center, about 90 miles southwest of Lincoln.
Trail and Boswell are in custody, housed at the Saline County Jail in Wilber.
They were originally located and housed at the Taney County, Missouri jail before being transported back to Nebraska.
After further investigation into Loofe’s disappearance, two person-of-interests were identified: 51-year-old Aubrey Trail and 23-year-old Bailey Boswell.
Wednesday morning, Trail and Boswell posted a video on the “Finding Sydney Loofe” Facebook page, allegedly to share their side of the story.
In the video, Trail says they had contacted police before their names were released as persons of interest.
Boswell says she did go on two dates with Loofe, but last saw her Wednesday night when she dropped her off at a friend’s house.
The two denied having anything to do with her disappearance.
Loofe’s family files an official missing persons report when she does not show up for her shift at Menard’s.
24-year-old Sydney Loofe goes missing.
She last made contact via SnapChat before going on a Tinder date.
According to police, her cellphone was last pinged in Wilber.
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