WILBER–(KFOR Dec. 4)–Convicted murderer Aubrey Trail appeared in Saline County Court on Wednesday, and the State of Nebraska provided new evidence that his motion for a new trial should be denied.
The state submitted a sealed affidavit from a law enforcement officer, which apparently offers proof Trail planned an outburst last summer during his trial. The argument is that a pre-planned outburst is not a legitimate reason for a new trial.
Lawyers for Trail, though, say if he planned the outburst, personnel at the Lincoln Diagnostic Center, where he was being held, may have been aware of what was going to happen. If that’s true, the defense says it could lead to a new trial.
Another hearing is set for Dec. 31.
Trail was convicted of first-degree murder in the November 2017 death of 24-year-old Sydney Loofe of Lincoln.