SALINE COUNTY, Nebraska - The State of Nebraska presented a Saline County Court judge today with new evidence as to why Aubrey Trail's motion for a new trial should be denied.
Trail killed Sydney Loofe of Lincoln in November of 2017. During that trial he cut his throat with a razor blade and claims that tainted the jury. In September, Trail requested a new trial.
On Wednesday, the State submitted a sealed affidavit from a law enforcement officer that reportedly offers proof that Trail planed the outburst in the courtroom. The State is also arguing that that pre-planned outbursts are not valid reasons for a new trial.
Trail's defense team argues back saying that if Trail planned the outburst and had the razor blade in advance, the Lincoln Diagnostic Center may had been aware of his plan and the staff didn't report it. That would provide grounds for a new trial, according to his defense.
The judge will review the evidence and a hearing is tentatively set for December 31st.
Trail has not yet been sentenced. His defense team says plans to move forward with a death penalty hearing won't likely happen until the decision is made regarding a new trial.
Photo courtesy of 6 News.