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'If they want justice for Sydney, somebody charge us,' Aubrey Trail says of Loofe death
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'If they want justice for Sydney, somebody charge us,' Aubrey Trail says of Loofe death

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Aubrey Trail has spent months sharing his "side" since authorities named him a person of interest in Sydney Loofe's disappearance and death last year.

In November, he denied being involved.

In December, he denied girlfriend Bailey Boswell's involvement but wouldn't deny his own.

Wednesday, he claimed he was "accountable" and "responsible" for Loofe's death, yet provided no further details.

And Thursday, his lawyer and a federal magistrate judge cut him off in open court.

"I'm afraid that the kinds of questions that you ask might incriminate you," Judge Cheryl Zwart told Trail, who appeared in U.S. District Court in Lincoln via video conference for an unrelated case.

Said Korey Reiman, Trail's defense lawyer: "I do not want the court to indulge him in questions."

Trail, 51, and Boswell, 23, face multi-count indictments related to an alleged fraud scheme in which they are accused of bilking a Kansas couple out of $400,000.

They have not been charged in Loofe's death. The 24-year-old Menards cashier disappeared Nov. 15 after going on a date with Boswell. Her remains were found Dec. 4.

But while Trail and Boswell initially denied their involvement in Loofe's death through social media videos, Trail's story has evolved since he was arrested Nov. 29 as a person of interest.

Even behind bars, Trail has been loquacious — regularly calling the Journal Star and granting interviews to other media outlets.

He made several calls Wednesday alone, telling the Journal Star and the Omaha World-Herald that he had given investigators all the information they need, and challenging them to charge him in Loofe's death.

“I am responsible, and I am accountable," he told the Journal Star.

Still, Trail has not provided an explicit confession during those calls or a detailed explanation of what happened to Loofe after she arrived at the Wilber apartment he and Boswell shared.

Authorities have said they found evidence of foul play at the scene with Loofe's remains, off a country road southeast of Clay Center, in south-central Nebraska. But no cause or manner of death has been made public.

Trail has said he assumes he and Boswell will be charged in Loofe's death.

"If they want justice for Sydney, somebody charge us,” he said Wednesday during one phone call.

He also asked why there hadn't been more news stories about the Loofe case. And he gave conflicting statements about the investigation and his involvement.

Trail claimed his directions led investigators to find Loofe's cellphone along a roadside, and that he proved to them he could "deliver." Still, he insisted that having information and committing a crime are different.

Moments later, he made his vague comment about being "responsible" and "accountable" in the case, but when pressed to specify, he moved on. 

"(Investigators) don't know where it happened. They don't know why it happened," Trail said on the call. "Let's make Wilber famous for more than just Czech Fest."

Boswell has not spoken publicly since being arrested.

Thursday, Trail was told that his joint trial with her on the fraud allegations is set for March 26. He asked that it not be postponed, as often happens in court proceedings.

"If they're accusing me of doing something, let's see if I did it," Trail said.

He told the Journal Star the federal case he's facing was a "business deal gone bad."  

During the hearing, Zwart apprised Trail of his constitutional rights protecting him from self-incrimination.

He doesn't have to speak to the government, she told him. If he does, he can stop answering questions at any time, Zwart said.

At trial, he would only have to testify if he wanted to, she said.

"But you need to understand that what you choose to say to anyone other than your lawyer can and will be used against you," Zwart said. "Do you understand your right to remain silent?"

Trail replied: "I do, your honor."

Reach the writer at 402-473-2657 or

On Twitter @LJSRileyJohnson.


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Local government reporter

Riley Johnson reports on local government in Lincoln.

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