Court hears arguments on death penalty in Sydney Loofe murder case

One of two people accused of killing a Lincoln woman, dismembering her and dumping her remains in a southeast Nebraska field challenged the state's death penalty in Saline County's District Court on Monday.

The court heard arguments on Monday in the case of 24-year-old Bailey Boswell to declare Nebraska's death penalty statutes unconstitutional in the murder of Lincoln store clerk Sydney Loofe.

State prosecutors said they plan to seek the death penalty for Boswell on Aug. 1, citing the slaying's "exceptional depravity".

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.

The state will have until Oct. 1 to file a written response to the motion, and Boswell's defense will have one week after that to respond.

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