The lawyers for the woman charged in the death of Sydney Loofe are challenging the death penalty. On Monday, Bailey Boswell's defense team entered a motion in Saline County District Court challenging the death penalty. The motion claims that the state's attempt to sentence her to the death penalty is unconstitutional.
The State of Nebraska is seeking the death penalty for both Boswell and her co-defendant Aubrey Trail. Court documents show that the state is seeking death because of evidence of aggravating circumstances, stating that the murder “manifested exceptional depravity by ordinary standards of morality and intelligence."
Loofe's dismembered remains were found in garbage bags east of Clay Center on December 4th and 5th. Court documents also reveal security video from Home Depot in Lincoln on November 15 shows Trail and Boswell purchasing tools and supplies believed to be used in the dismemberment and disposal of Loofe's body.
If found guilty, a panel would decide whether the death penalty is warranted in a separate hearing. A hearing on the motion will be held on September 17th.