- Associated Press - Monday, August 6, 2018

WILBER, Neb. (AP) - One of two people accused of killing a Lincoln woman, dismembering her and dumping her remains in a southeast Nebraska field is challenging the state’s death penalty.

Last Wednesday state prosecutors cited the slaying’s “exceptional depravity” in a filing regarding the state’s intentions toward 24-year-old Bailey Boswell. Court records say Boswell and 51-year-old Aubrey Trail are charged with first-degree murder. Prosecutors allege Trail strangled Sydney Loofe and Boswell helped Trail cut up Loofe’s body and stuff the remains into trash bags. The remains were found Dec. 4 in Clay County, weeks after Loofe was reported missing.

Boswell’s motion filed Friday says the state’s sentencing procedure in death penalty cases is unconstitutional for several reasons. A judge has set a Sept. 17 hearing on her challenge.

Saline County District Court records show Trail hasn’t filed a similar motion.

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