Aubrey Trail

Aubrey Trail in court on July 11, the day after he was convicted of first-degree murder. If a new trial is not granted, a three-judge panel will decide his fate.

Aubrey Trail, convicted of first-degree murder in the death of Sydney Loofe, is seeking a new trial, alleging a number of irregularities and incorrect actions during the trial.

Trail’s attorney, Ben Murray, filed papers Wednesday in Saline County District Court requesting the new trial.

Among the complaints cited in the filing: The judge didn’t declare a mistrial after the 52-year-old Trail stabbed at his own throat in front of the jury.

Another complaint: That the judge didn’t throw out evidence that Trail and his girlfriend, Bailey Boswell, bought a saw before Loofe was killed that may have been used to dismember the 24-year-old.

And that the judge allowed the presentation of gruesome photos, which “unfairly prejudiced the jury.”

The request also says the evidence doesn’t support a guilty verdict because a prosecuting attorney said in closing arguments that it’s not known who strangled Loofe.

The jury sat through three weeks of testimony and saw almost 500 pieces of evidence before rendering a verdict within three hours of getting the case.

Trail is now awaiting three judges’ decision on whether he will receive the death penalty or life in prison. Boswell is awaiting trial.

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Nancy Gaarder helps cover public safety and weather events as an editor on The World-Herald's breaking news desk. Follow her on Twitter @gaarder. Phone: 402-444-1102.

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