Addressing the Loofe family, Trail said: "I won't say I'm sorry, as that would be an insult to you after what I put you through, and I won't ask for forgiveness as I don't believe there is such a thing."
"As Nebraska has never had a woman sentenced to the death penalty, such a policy has not been necessary," Scott Frakes said in a letter to the top prosecutor in Bailey Boswell's first-degree murder case.
The sentencing date was set Thursday by Saline County District Judge Vicky Johnson, who presided over Aubrey Trail's murder trial and is one of three judges assigned to determine his fate.
Aubrey Trail's attorney, Ben Murray, however, said the state's evidence went to Boswell's state of mind at the time of the murder, not Trail's, and consisted mainly of conjecture "based upon incomplete information and hyperbole."
Prosecutors allege Sydney Loofe's killing showed exceptional depravity, an aggravating circumstance that would make his case eligible for a death sentence.
Aubrey Trail told the presiding judge that he "does not wish to attend" the hearings that will determine whether he's sentenced to life in prison or to death.
Three-judge panels in March and June will hear evidence that the state says shows why they should get the death penalty and evidence that the defense says shows why they shouldn't before reaching a decision.
Attorney Ben Murray confirmed Monday afternoon the hearing on the motion to continue didn't happen after his father, co-counsel Joe Murray, tested positive.
"We have a victim in this case. Our victim's name is Sydney Loofe. It's not Bailey Boswell. She's not the victim in this case. Not by a long shot," Assistant Attorney General Mike Guinan said.
The forensic pathologist determined the cause of Sydney Loofe's death was "homicidal violence including strangulation."
Prosecutors say Bailey Boswell and Aubrey Trail had tried to recruit women, like Ana Golyakova, to kill someone and ultimately chose Sydney Loofe, who had matched with Boswell on Tinder, as their victim.
On the eighth day of the trial, talk turned to witchcraft, at times sounding more like a screenplay than a real-life description of a couple later charged for killing and dismembering a young Lincoln woman in small town in Nebraska.
Sydney Loofe told her friend that she had just gotten home from "chilling with this super cute girl."
DNA testing at the FBI Lab in Quantico, Virginia, failed to provide answers as to who had been wearing the gloves or to tie Bailey Boswell, the woman on trial for Loofe's murder, to the killing.
The jury previously heard about how Sydney Loofe's cut-up driver's license had been found on the north side of Nebraska 41 near Wilber, plus pieces of her Visa card and an iPhone.
Nebraska State Patrol lieutenant testifies: "This is what I saw. It's a bag that was partially torn open with human remains protruding from the bag."
The testimony from hotel managers and others Wednesday gave jurors a glimpse of Boswell's and Trail's demeanors as investigators narrowed in on them, first as "persons of interest" and then as Sydney Loofe's suspected killers.
Jennifer Koll and her son, who lived in a separate apartment in the basement, noticed a strong odor of bleach after the night of Nov. 15, 2017.
After she disappeared, the Lincoln woman's friends worked together -- one sending Loofe's sister a photo of "Audrey," the woman Sydney had gone on a date with Nov. 15, 2017, and another setting up a Tinder profile to try to track her down.
The prosecutor walked jurors through the case, from Sydney Loofe going on a date with Boswell to Loofe's disappearance and to an eventual manhunt for Boswell and her boyfriend, Aubrey Trail.
Loofe, the 24-year-old Lincoln woman, vanished after going on a date Nov. 15, 2017, with Boswell, who she had met on the Tinder dating app.
A Saline County judge has delayed the high-profile murder trial of Bailey Boswell — which had been set to begin later this month in Lexington …
A district judge whose appointment to Aubrey Trail’s sentencing panel drew criticism because she drafted the state’s lethal injection protocol…
Judge Julie Smith said she would take the motion under advisement and issue an order within 10 days.
A four-day hearing has been set in June for a three-judge panel to hear evidence about whether Aubrey Trail should end up on death row for the…