Next month, attorneys will argue -- for and against -- Bailey Boswell getting a death sentence for killing a 24-year-old Lincoln woman in 2017.
But first, her attorney is asking the judge to have the probation office look into how the Nebraska Department of Correctional Services would house her if she did get the ultimate penalty.Â
"The NDCS has a policy and procedure for housing male inmates sentenced to the death penalty, but does not have a specific policy or procedure for housing female inmates sentenced to the death penalty," Todd Lancaster of the Nebraska Commission on Public Advocacy said in the motion filed this week. "This means that a female inmate sentenced to the death penalty will be treated differently and in a harsher and more restrictive way than male inmates similarly situated."Â
Nebraska never has had a woman on death row.
On Friday afternoon, a prison spokeswoman didn't respond to an email asking if the prison had a plan being prepared for the possibility.Â
The Correction Department's Inmates Sentenced to the Death Penalty Policy, last revised Dec. 31, says inmates sentenced to the death penalty will be housed at Tecumseh State Correctional Institution, a facility for male inmates only.Â
The policy says they are to be separated from the general public because of their risk level and can go to activities outside of their cells in groups.Â
But, Lancaster said, if the prison put a female inmate sentenced to the death penalty at the Nebraska Correctional Center for Women in York under the same policy and rules for male inmates at Tecumseh, the inmate would be in permanent restrictive housing.
He said since the death penalty was reinstated in Nebraska in 1972, the state has executed four men. Four others have died of natural causes or suicide while on death row. The average time on death row before execution is just over 21 years.Â
Lancaster said placing a female inmate sentenced to the death penalty in permanent restrictive housing would amount to cruel and unusual punishment under the U.S. Constitution and the Nebraska Constitution.Â
A hearing on the motion is set at the beginning of June.Â
Later in the month, June 30, a three-judge panel is set to begin hearing evidence to determine if Boswell will get a life sentence or death for the murder and dismemberment of Sydney Loofe.
Susie Loofe reported her daughter missing Nov. 16, 2017, after she learned that Sydney didn't show up for work. Her disappearance sparked a massive search for her, then a manhunt for Boswell and Trail and ultimately to the discovery of Loofe's remains in plastic bags scattered along gravel roads in central Nebraska’s Clay County.
In October, a jury in Lexington found Boswell guilty of first-degree murder, conspiracy and the unlawful disposal of remains.
Her co-defendant, Aubrey Trail, was found guilty at trial in Wilber last year and is expected to learn June 9 a separate three-judge panel's decision in his case.
Prosecutors said Trail and Boswell worked together to recruit young women in a conspiracy to kill and ultimately chose Loofe as their victim, and that Boswell lured her to their Wilber apartment the night of Nov. 15, 2017, under the guise of a date after matching on the dating app Tinder.
Photos: Bailey Boswell's trial
Bailey Boswell Trial, 10.14
Bailey Boswell (left) and Jeff Pickens, the chief counsel for the Nebraska Commission on Public Advocacy, react after the jury found Boswell guilty in the murder of Sydney Loofe of Lincoln on Oct. 14 at the Dawson County Courthouse in Lexington.
FRANCIS GARDLER, Journal Star file photo
Bailey Boswell Trial, 10.14
Todd Lancaster (standing) makes a motion to allow the defendant Bailey Boswell (second from left) to stay at the jail in Lexington until sentencing after she was found guilty of murder in the death of Sydney Loofe on Wednesday at the Dawson County Courthouse. District Judge Vicky Johnson (right) overruled the motion.
FRANCIS GARDLER, Journal Star
Bailey Boswell Trial, 10.14
Bailey Boswell reacts after the jury found her guilty of the murder of Sydney Loofe of Lincoln on Wednesday at the Dawson County Courthouse.
FRANCIS GARDLER, Journal Star
Bailey Boswell Trial, 10.14
District Judge Vicky Johnson looks over the jury's verdict before giving it to Amber Mulberry (not shown), the Saline County District Court Clerk, on Wednesday, at the Dawson County Courthouse. Bailey Boswell was found guilty on all three charges she faced in the murder of Sydney Loofe of Lincoln.
FRANCIS GARDLER, Journal Star
Boswell Trial, 10.13
Assistant Attorney General Mike Guinan speaks during Bailey Boswell's murder trial for the killing of Sydney Loofe as Boswell and Jeff Pickens, the chief counsel for the Nebraska Commission on Public Advocacy, look on Tuesday.
LORI PILGER, Journal Star
Boswell trial, 10.9
Omaha forensic pathologist Dr. Michelle Elieff testified Friday about the autopsy done on the remains of Sydney Loofe.
PAUL HAMMEL, Omaha World-Herald
Boswell trial, 10.9
Bailey Boswell, on trial for the murder of Sydney Loofe, mostly looked down, avoiding a look at autopsy photographs, as a forensic pathologist testified Friday.
PAUL HAMMEL, Omaha World-Herald
Boswell trial
Katie Brandle testified Thursday about a “dominant-submissive†relationship she entered into with Bailey Boswell. Questioning her is Sandra Allen, one of the prosecutors with the Nebraska Attorney General’s Office.
PAUL HAMMEL, Omaha World-Herald
Boswell trial
Katie Brandle testified Thursday about a “dominant-submissive†relationship she entered into with Bailey Boswell. Questioning her is Sandra Allen, one of the prosecutors with the Nebraska Attorney General’s Office.
PAUL HAMMEL, Omaha World-Herald
Boswell trial
Lincoln police investigator Robert Hurley, left, testifies Monday about cellphone data that he used to track the movement of Bailey Boswell and Syndey Loofe Assistant Attorney General Mike Guinan is at right.
JENNY HIGGINS/ANTELOPE COUNTY NEWS
Boswell trial
Bailey Boswell listens to testimony in court Monday at the Dawson County Courthouse in Lexington, Nebraska.
JENNY HIGGINS/ANTELOPE COUNTY NEWS
Bailey Boswell
Bailey Boswell listens to testimony during her murder trial for the killing of Sydney Loofe on Thursday.
ERIKA PRITCHARD, Kearney Hub
Bailey Boswell
Bailey Boswell cries as FBI Special Agent Eli McBride testifies Thursday, describing how Sydney Loofe's remains were found in pieces while jurors saw gruesome photos from the scene.
ERIKA PRITCHARD, Kearney Hub
Bailey Boswell Trial, 9.25
District Judge Vicky Johnson gives instructions to the jury at the start of Bailey Boswell's murder trial for the 2017 killing of Sydney Loofe on Friday at the Dawson County Courthouse.
FRANCIS GARDLER, Journal Star
Bailey Boswell Trial, 9.25
FBI Special Agent Mike Maseth (left) and Assistant Attorney General Mike Guinan talk quietly as Bailey Boswell's attorney, Todd Lancaster, gives his opening statement at the start of Boswell's murder trial on Friday at the Dawson County Courthouse.
FRANCIS GARDLER, Journal Star
Bailey Boswell Trial, 9.25
Bailey Boswell's attorney, Todd Lancaster (left), and Assistant Attorney General Mike Guinan talk after opening statements were delivered on Friday at the Dawson County Courthouse. Boswell is on trial for murder in the 2017 killing of Sydney Loofe.
FRANCIS GARDLER, Journal Star
Bailey Boswell Trial, 9.25
Bailey Boswell (left) and Jeff Pickens (right), the chief counsel for the Nebraska Commission on Public Advocacy, talk following the conclusion of opening statements Friday at the Dawson County Courthouse in Lexington. Boswell is on trial for murder in the 2017 killing of Sydney Loofe.
FRANCIS GARDLER, Journal Star
Bailey Boswell Trial, 9.25
Bailey Boswell, on trial for murder, listens as Assistant Attorney General Sandra Allen delivers the opening statement for the prosecution on Friday at the Dawson County Courthouse.
FRANCIS GARDLER, Journal Star
Bailey Boswell Trial, 9.25
Bailey Boswell's attorney, Todd Lancaster, listens as Assistant Attorney General Sandra Allen delivers the opening statement for the prosecution on Friday at the Dawson County Courthouse. Boswell is on trial for murder in the 2017 killing of Sydney Loofe.
FRANCIS GARDLER, Journal Star
Bailey Boswell Trial, 9.25
Jeff Pickens (left), the chief counsel for the Nebraska Commission on Public Advocacy, and Bailey Boswell's attorney, Todd Lancaster, listen as Assistant Attorney General Sandra Allen delivers the opening statement for the prosecution on Friday at the Dawson County Courthouse. Boswell is on trial for murder in the 2017 killing of Sydney Loofe.
FRANCIS GARDLER, Journal Star
Bailey Boswell Trial, 9.25
Bailey Boswell, on trial for the murder of Sydney Loofe, listens as Assistant Attorney General Sandra Allen delivers the opening statement for the prosecution on Friday at the Dawson County Courthouse.
FRANCIS GARDLER, Journal Star
Bailey Boswell Trial, 9.25
Bailey Boswell, on trial for the murder of Sydney Loofe, takes a note as she listens to Assistant Attorney General Sandra Allen deliver the opening statement for the prosecution on Friday at the Dawson County Courthouse.
FRANCIS GARDLER, Journal Star
Bailey Boswell Trial, 9.25
FBI Special Agent Mike Maseth (left) and Assistant Attorney General Mike Guinan (center) listen as District Judge Vicky Johnson gives instructions to the jury at the start of the Bailey Boswell's murder trial for the killing of Sydney Loofe on Friday at the Dawson County Courthouse.
FRANCIS GARDLER, Journal Star
Bailey Boswell Trial, 9.25
District Judge Vicky Johnson gives instructions to the jury at the start of the Bailey Boswell's murder trial for the killing of Sydney Loofe on Friday at the Dawson County Courthouse in Lexington.
FRANCIS GARDLER, Journal Star
Bailey Boswell Trial, 9.25
Defendant Bailey Boswell (left) and Jeff Pickens (right), the chief counsel for the Nebraska Commission on Public Advocacy, listen as Assistant Attorney General Sandra Allen (center) delivers the opening statement for the prosecution in Bailey Boswell's murder trial for the killing of Sydney Loofe on Friday at the Dawson County Courthouse.
FRANCIS GARDLER, Journal Star
Bailey Boswell Trial, 9.25
Defendant Bailey Boswell (right) looks down as District Judge Vicky Johnson (not shown) tells the jury the charges against her on Friday at the Dawson County Courthouse.
FRANCIS GARDLER, Journal Star
Bailey Boswell Trial, 9.25
Assistant Attorney General Sandra Allen delivers the prosecution's opening statement in Bailey Boswell's murder trial for the killing of Sydney Loofe on Friday at the Dawson County Courthouse.
FRANCIS GARDLER, Journal Star
Bailey Boswell Trial, 9.25
Bailey Boswell (left) and Jeff Pickens (right), the chief counsel for the Nebraska Commission on Public Advocacy, listen as Assistant Attorney General Sandra Allen delivers the opening statement for the prosecution on Friday during Boswell's murder trial for the killing of Sydney Loofe at the Dawson County Courthouse.
FRANCIS GARDLER, Journal Star
Bailey Boswell Trial, 9.25
Bailey Boswell (right) looks towards the jury as District Judge Vicky Johnson (not shown) tells the jury the charges against her Friday at the Dawson County Courthouse.
FRANCIS GARDLER, Journal Star
PHOTOS FROM AUBREY TRAIL'S TRIAL
Photos: Aubrey Trail in court
Aubrey Trail, 6.9
Aubrey Trail is wheeled out of a Saline County courtroom on Wednesday after being sentenced to death in the killing of Sydney Loofe.Â
JUSTIN WAN, Journal Star
Aubrey Trail, 6.9
Aubrey Trail is wheeled out of the Saline County Courthouse courtroom where he was sentenced to death on June 9 in the murder of Sydney Loofe .Â
JUSTIN WAN, Journal Star
Aubrey Trail, 6.9
The family of Sydney Loofe, (from left) brother Levi, sister MacKenzie, mother Susie, and father George, watches the sentencing of Aubrey Trail on Wednesday, at the Saline County Courthouse.Â
JUSTIN WAN, Journal Star
Aubrey Trail, 6.9
Aubrey Trail is wheeled out of the Saline County courtroom on Wednesday after being sentenced to death in the murder of Sydney Loofe.Â
JUSTIN WAN, Journal Star
Aubrey Trail, 6.9
Judge Vicky Johnson speaks at the sentencing of Aubrey Trail on June 9 at the Saline County Courthouse. Trail was sentenced to death.
JUSTIN WAN, Journal Star
Aubrey Trail, 6.9
Judges Susan Strong and Michael Smith, who served with Judge Vicky Johnson on a three-judge panel that determined the penalty for Aubrey Trail, listen during the hearing where he learned his fate on June 9 at the Saline County Courthouse.Â
JUSTIN WAN, Journal Star
Aubrey Trail, 6.9
Judge Vicky Johnson speaks at the sentencing of Aubrey Trail on Wednesday at the Saline County Courthouse.
JUSTIN WAN, Journal Star
Aubrey Trail, 6.9
Susie Loofe, mother of Sydney Loofe, listens during the sentencing of Aubrey Trail on Wednesday at the Saline County Courthouse.Â
JUSTIN WAN, Journal Star
Aubrey Trail, 6.9
Aubrey Trail is wheeled into the the courtroom on Wednesday at the Saline County Courthouse.Â
JUSTIN WAN, Journal Star
Aubrey Trail, 6.9
Aubrey Trail (from left) and his defense attorneys Joe Murray and Ben Murray listen during the sentencing hearing on June 9 at the Saline County Courthouse.
JUSTIN WAN, Journal Star
Aubrey Trail, 6.9
Aubrey Trail (left) is wheeled into the the courtroom in front of the family members of Sydney Loofe on Wednesday at the Saline County Courthouse.Â
JUSTIN WAN, Journal Star
Aubrey Trail Trial, 7.10
Aubrey Trail is wheeled out of court after being found guilty of first-degree murder on July 10. Trail, who showed no emotion as the verdicts were read, was also found guilty of a second count of criminal conspiracy to commit murder.
FRANCIS GARDLER, JOURNAL STAR file photo
Aubrey Trail Trial, 7.10
Sydney Loofe's mother, Susie Loofe, sits between her daughter, MacKenzie Loofe, and Loofe's father, George, as the clerk of the court reads the guilty verdict against Aubrey Trail in Saline County District Court last year. The jury of six men and six women deliberated for less than three hours before returning the verdict on a first-degree murder charge.
FRANCIS GARDLER, JOURNAL STAR
Aubrey Trail Trial, 7.10
Deputies stand near Aubrey Trail on Wednesday in Saline County District Court.
FRANCIS GARDLER, JOURNAL STAR
Aubrey Trail Trial, 7.10
Aubrey Trail (left) looks in the direction of the jury during judge's instructions on July 10 in Saline County District Court.
FRANCIS GARDLER, JOURNAL STAR file photo
Aubrey Trail Trial, 7.10
Defense attorney Joe Murray (right) looks toward the jury as Saline County District Court Judge Vicky Johnson delivers instructions on July 10.
FRANCIS GARDLER, JOURNAL STAR file photo
Aubrey Trail Trial, 7.10
Defendant Aubrey Trail listens as Saline County District Court Judge Vicky Johnson finishes her instructions to the jury on Wednesday.
FRANCIS GARDLER, JOURNAL STAR
Aubrey Trail Trial, 7.10
Saline County District Court Judge Vicky Johnson reads her instructions to the jury before their deliberations on Wednesday.
FRANCIS GARDLER, JOURNAL STAR
Aubrey Trail Trial, 7.10
Defendant Aubrey Trail looks in the direction of the jury during the judge's instructions to the jury on Wednesday in Saline County District Court.
FRANCIS GARDLER, JOURNAL STAR
Aubrey Trail trial, 7.9.19
Aubrey Trail testifies in his murder trial in Saline County District Court on July 9
CHRIS MACHIAN, Omaha World-Herald file photo
Aubrey Trail trial, 7.9.19
FBI Agent Mike Maseth testifies about letters from Aubrey Trail during his trial in Saline County District Court on Tuesday.
CHRIS MACHIAN, Omaha World-Herald
Aubrey Trail trial, 7.9.19
Prosecutors showed jurors a letter from Aubrey Trail, written in code, in his murder trial in Saline County District Court.
CHRIS MACHIAN, Omaha World-Herald
Aubrey Trail trial, 7.9.19
Prosecutors shared a letter written by Aubrey Trail during his murder trial in Saline County District Court.
CHRIS MACHIAN, Omaha World-Herald
Aubrey Trail trial, 7.9.19
Prosecutors showed jurors a letter from Aubrey Trail, written in code, in his murder trial in Saline County District Court.
CHRIS MACHIAN, Omaha World-Herald
Aubrey Trail trial, 7.9.19
Deputies keep an eye on Aubrey Trail, who returned to court for the first time on Tuesday following an apparent suicide attempt in the courtroom last month.
CHRIS MACHIAN, Omaha World-Herald
Aubrey Trail trial, 7.9.19
Aubrey Trail points to photos his attorney Joe Murray is holding while testifying in his murder trial in Saline County District Court in July.
CHRIS MACHIAN, Omaha World-Herald file photo
Aubrey Trail trial, 7.9.19
Aubrey Trail stretches during his trial at the Saline County Courthouse on Tuesday.
CHRIS MACHIAN, Omaha World-Herald
Aubrey Trail Trial, 6.28
Assistant Nebraska Attorney General Mike Guinan (right) hands material written by Aubrey Trail to FBI special agent Michael Maseth on Friday during Trail's trial in Saline County District Court.Â
EMILY HANEY, Journal Star
Aubrey Trail Trial, 6.28
Defense attorney Joe Murray objects to FBI special agent Michael Maseth being asked "whose handwriting is this" on Friday during Aubrey Trail's trial.
EMILY HANEY, Journal Star
Aubrey Trail Trial, 6.28
The defense and prosecution, including Assistant Attorney General Mike Guinan (center right), are shown June 28 at their respective tables during Aubrey Trail's trial at the Saline County District Court in Wilber.Â
EMILY HANEY, Journal Star file photo
Aubrey Trail Trial, 6.28
Assistant Nebraska Attorney General Mike Guinan (left) questions FBI special agent Michael Maseth on Friday during Aubrey Trail's trial in Saline County District Court in Wilber.
EMILY HANEY, Journal Star
Aubrey Trail Trial, 6.28
Wilber, NEB. - 6/28/2019 - Saline County District Court Judge Vicky Johnson addresses the attorneys after defense attorney Joe Murray makes an objection on Friday, June 28, 2019, during the Aubrey Trail Trial at Saline County District Court. EMILY HANEY, Journal Star
EMILY HANEY Journal Star
Aubrey Trail Trial, 6.28
A four-hour police interview with Aubrey Trail is played on Friday in Saline County District Court.Â
EMILY HANEY, Journal Star
Aubrey Trail Trial, 6.28
Prosecutors showed a four-hour police interview with Aubrey Trail during his trial on Friday in Saline County District Court.Â
EMILY HANEY, Journal Star
Aubrey Trail Trial, 6.28
Prosecutors showed a four-hour police interview with Aubrey Trail during his trial on Friday in Saline County District Court.Â
EMILY HANEY, Journal Star
Aubrey Trail Trial, 6.28
Prosecutor Mike Guinan holds Aubrey Trail's writing samples on Friday during the trial in Saline County District Court.Â
EMILY HANEY, Journal Star
Aubrey Trail trial, 6.24.2019
Defense attorney Joe Murray listens to instructions from Saline County District Court Judge Vicky Johnson regarding an outburst from defendant Aubrey Trail on Monday.
GWYNETH ROBERTS, Journal Star
Aubrey Trail trial, 6.24.2019
Saline County District Judge Vicky Johnson addresses the jury regarding an outburst from defendant Aubrey Trail earlier on Monday.
GWYNETH ROBERTS, Journal Star
Aubrey Trail
Aubrey Trail is taken from the Saline County courthouse after he shouted and appeared to cut his neck with an object during testimony on Monday in his murder trial.
PAUL HAMMEL, Omaha World-Herald
Aubrey Trail Trial, 6.18
Aubrey Trail (left) and defense attorney Ben Murray listen as Assistant Attorney General Sandra Allen delivers her opening statement to the jury on Tuesday.
FRANCIS GARDLER, JOURNAL STAR
Aubrey Trail Trial, 6.18
Aubrey Trail (left) listens and defense attorney Ben Murray takes notes as Nebraska Assistant Attorney General Sandra Allen delivers her opening statement to the jury Tuesday in Trail's murder trial in Wilber.
FRANCIS GARDLER, JOURNAL STAR
Aubrey Trail Trial, 6.18
Aubrey Trail sits to the left of attorneys for the defense and prosecution during opening statements in his murder trial in Saline County District Court on Tuesday.
FRANCIS GARDLER, JOURNAL STAR
Aubrey Trail Trial, 6.18
Defense attorney Joe Murray delivers his opening statement to the jury as Aubrey Trail's murder trial begins Tuesday in Saline County District Court.
FRANCIS GARDLER, JOURNAL STAR
Aubrey Trail Trial, 6.18
Nebraska Assistant Attorney General Sandra Allen talks to the jury during her opening statement Tuesday in Aubrey Trail's murder trial in Saline County District Court.
FRANCIS GARDLER, JOURNAL STAR
Aubrey Trail Trial, 6.18
Aubrey Trail listens as Assistant Attorney General Sandra Allen delivers her opening statement to the jury last week in Saline County District Court.
FRANCIS GARDLER, JOURNAL STAR file photo
Aubrey Trail Trial, 6.18
Defense attorney Joe Murray delivers his opening statement to the jury as the Aubrey Trail trial begins Tuesday in Saline County District Court.
FRANCIS GARDLER, JOURNAL STAR
Aubrey Trail Trial, 6.18
Assistant Attorney General Sandra Allen delivers her opening statement to the jury as Aubrey Trail's trial begins Tuesday in Saline County District Court.
FRANCIS GARDLER, JOURNAL STAR
Aubrey Trail Trial, 6.18
Defense attorney Joe Murray (left) sits behind the prosecution's table to watch and listen as Assistant Attorney General Sandra Allen delivers her opening statement to the jury in Aubrey Trail's trial in Saline County District Court.
FRANCIS GARDLER, JOURNAL STAR
Aubrey Trail Trial, 6.18
Aubrey Trail enters the courtroom on Tuesday, the first day of his trial in Saline County District Court.
FRANCIS GARDLER, JOURNAL STAR
Aubrey Trail Trial, 6.18
Saline County District Court Judge Vicky Johnson instructs the jury on Tuesday.
FRANCIS GARDLER, JOURNAL STAR
Aubrey Trail plea hearing
Aubrey Trail appears in Saline County District Court for a plea hearing on Monday.
GWYNETH ROBERTS, Journal Star
Aubrey Trail plea hearing
Aubrey Trail (center) is wheeled into Saline County District Court in Wilber for a plea hearing Monday.
GWYNETH ROBERTS, Journal Star
Aubrey Trail plea hearing
Defense attorney Joe Murray listens during a plea hearing for Aubrey Trail in Saline County District Court on Monday.
GWYNETH ROBERTS, Journal Star
Aubrey Trail plea hearing
Defense attorney Joe Murray speaks to the judge as client Aubrey Trail (left) listens during a plea hearing in Saline County District Court on Monday.
GWYNETH ROBERTS, Journal Star
Aubrey Trail plea hearing
Aubrey Trail appears in Saline County District Court for a plea hearing on Monday.
GWYNETH ROBERTS, Journal Star
Aubrey Trail plea hearing
Saline County District Court Judge Vicky Johnson guides Aubrey Trail through a plea hearing Monday.
GWYNETH ROBERTS, Journal Star
Aubrey Trail
Aubrey Trail appears in Saline County District Court for a plea hearing on Monday.
GWYNETH ROBERTS, Journal Star
Reach the writer at 402-473-7237 or lpilger@journalstar.com .
On Twitter @LJSpilger
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