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Judge Says Death Row Inmate Can’t Force State To Set Execution Date

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      A Lincoln judge has denied a request by death row inmate Aubrey Trail to force the state to carry out his execution.

     The 56-year old Trail was given the death penalty two years ago for the Nov 2017 murder and dismemberment of 23-year old Sydney Loofe, a store clerk in Lincoln.

      Lancaster County District Judge Kevin McManaman ruled that Trail’s motion “asserts frivolous legal positions” and that Trail “does not have the right to dictate when the state will execute him.”

     Trail had sued Governor Jim Pillen, Attorney General Mike Hilgers and Corrections Director Rob Jeffreys, but Judge McManaman said only the Nebraska Supreme Court had the power to set an execution date.

      He also said he has no power to tell the Supreme Court what to do, such as set a date for Trail to die. The high court last November affirmed the conviction and death sentence.

    Trail and his girlfriend Bailey Boswell were both convicted of 1st-degree murder in separate trials, but she was sentenced to life in prison.

       Testimony at both trials showed that Loofe disappeared after going on a date with Boswell. Her dismembered remains were scattered in trash bags in fields and ditches in Clay County.

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