WILBER, Nebraska - Judge Julie Smith stepped down from a three judge panel that will decide the fate of convicted murderer Aubrey Trail.
Judge Julie Smith had worked for the Nebraska Department of Correctional Services and she helped draft the state's current execution protocol for lethal injection.
6 News reports Trail's defense argued there would be an appearance of impropriety if Smith was on the panel. Smith recused herself to avoid that appearance.
The Chief Justice of the Nebraska Supreme Court will now select another judge at random to sit on the panel.
Trail killed Sydney Loofe of Lincoln in 2018. Trail is facing the death penalty. His hearing is set to start June 23rd.