In a short hearing on Wednesday, state prosecutors told the judge they have new details about how Aubrey Trail obtained a razor blade and slashed his neck during the Sydney Loofe murder trial.
According to the Omaha World Herald, prosecutors asked Judge Vicky Johnson to review the new evidence as she considers whether to grant Trail a new trial.
“Mike Guinan, an assistant Nebraska Attorney General, declined to detail the new evidence, saying it was sensitive information that could impact jail and courthouse security,” the OWH stated.
Trail’s attorney Ben Murray argued, stating that new evidence could help him “if it shows that Saline County jailers knew that Trail was planning a suicide attempt,” the OWH reported.
The slashing caused Murray to file requests for a mistrial and new trial, while the prosecutors have maintained that it was a staged event for attention.
Based on past case studies, a defendant cannot cause their own mistrial, so the new evidence could be an important consideration.
The judge granted a motion by the prosecution to submit depositions from the sheriff and jailers, but it will be sealed from the public for security reasons. She will consider the information when ruling on Trail’s motion for a new trial.
Trail was convicted in the death of Loofe and faces the death penalty for first-degree murder. A sentencing hearing will determine whether he is eligible for the death penalty.
His co-defendant, Bailey Boswell, has pleaded not guilty in the murder case. Attempting to get an impartial jury, she requested a change of venue. Her trial was moved to March in Dawson County.