Aubrey Trail’s attorney filed a motion for a new trial in Saline County District Court today, claiming his client didn’t have “a fair trial.”
Trail, 52, was convicted of first-degree murder and criminal conspiracy to commit murder after a nearly four-week jury trial in Wilber.
Ben Murray filed a motion for a new trial at 10:24 a.m. on July 17. The court filing states that there were numerous reasons affecting the defendant’s substantial rights:
- Irregularity in the proceedings of the court, or of the prosecuting attorney, or the witnesses for the state or in any order of the court or abuse of discretion by which defendant was prevented from having a fair trial, but not limited to:
- The Court’s rulings at jury selection;
- The Court’s denial of defendant’s pretrial motion to sever;
- The Court’s denial of defendant’s pretrial motion to exclude evidence of Home Depot purchase;
- The Court’s decision to allow gruesome photographs which unfairly prejudiced the jury;
- The Court’s denial of the defendant’s motion for mistrial after the defendant sliced his throat with a razor in front of the jury; and
- The Court’s decision to allow the mother of the victim, the first witness called by the State of Nebraska, who was subject to a sequestration order, to remain in the courtroom for the balance of the trial over the objection of the defendant, thereby preventing the defendant from recalling her as a witness;
- Misconduct of the jury, of the prosecuting attorney, or of the witness for the state;
- Accident or surprise which ordinary prudence could not have guarded against;
- The verdict is not sustained by sufficient evidence or is contrary to law, as admitted by the State of Nebraska at closing argument, when the prosecuting attorney stated that they had no evidence and no knowledge as to who strangled the victim; or
11. Error of law occurring at trial.