Wilber, Neb. — Defense attorneys have filed a motion for a new trial citing irregularities in the proceedings of Bailey Boswell’s recent murder trial and they want to limit victim impact statements.
A Dawson County jury found the 26 year old Boswell guilty of three charges on Oct. 14 after deliberating for about 3 & 1/2 hours. Those charges included: first-degree murder, improper disposal of human skeletal remains and conspiracy to commit murder in the Nov. 2017 death of 24 year old Sydney Loofe of Lincoln.
In the motion for new trial, attorney Todd Lancaster cites irregularities, misconduct or other errors that affected the defendant’s right to a fair trial.
The second motion objects to written or oral victim impact statements being included in a pre-sentence investigation from anyone other than Sydney Loofe’s parents. In support of the motion, state statute is cited that defines “victim” as the nearest surviving relative.
A hearing will be held Nov. 4 in Wilber.
A three-judge panel which will consider mitigating and aggravating factors for sentencing Boswell hasn’t yet been appointed.