Aubrey Trail loses bid to see any communications about death penalty between Ricketts, prosecutors

WILBER, Neb. — A judge has rejected Aubrey Trail’s motion to see any communications that might show whether Nebraska’s governor was behind prosecutors’ decision to seek the death penalty against him.

Lawyers for 52-year-old Trail had filed a discovery motion last month in Saline County District Court, seeking documents regarding communications between prosecutors and any members of Gov. Pete Ricketts’ office about the death penalty in criminal cases and especially in Trail’s case and that of his co-defendant, Bailey Boswell.

The motion says Ricketts and his family spent heavily in support of a referendum to reinstate the death penalty after the Legislature voted to abolish it in 2015.

The judge ruled Wednesday that Trail’s request was premature because Trail has yet to be convicted.

Trail and Boswell are accused of killing 24-year-old Sydney Loofe in November 2017, dismembering her body and dumping the remains in rural Clay County.

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