Aubrey Trail is challenging the appointment of one of three judges assigned to decide if he’ll end up on death row or not because she used to be an attorney for the Nebraska Department of Corrections.
But, in an email to the Journal Star, he said he is “just ready to be sentenced and done with it.â€
Trail, who was convicted in Saline County this summer of first-degree murder for the killing of 24-year-old Sydney Loofe of Lincoln, said he doesn't think there's much doubt that he'll be sentenced to death.
"If I am sentenced to death I will file a suit to try and force the state to carry out the sentence in a timely fashion," Trail said.
He said he has no desire to sit on death row for years while the state drags its feet.
Nebraska doesn't currently have the drugs needed to carry out a lethal injection, prisons spokeswoman Laura Strimple confirmed Thursday. She said the supply used to carry out the execution of Carey Dean Moore in 2018 has expired.
The state has not acquired any new substances since, she said.
"However, as we have conveyed before, 'It is the responsibility of NDCS to carry out the order of the court, which includes continuing to pursue procuring the necessary substances,'" Strimple said in an email.
Last week, Chief Justice Mike Heavican issued the order appointing Johnson County District Judge Julie D. Smith and Cass County District Judge Michael A. Smith to consider aggravating and mitigating evidence in the case along with the trial judge, Saline County District Judge Vicky Johnson.
Trail opted for a three-judge panel to consider evidence to decide whether prosecutors can prove an aggravating factor necessary for capital punishment.
On Friday, one of Trail's attorneys, Ben Murray, filed a motion asking Judge Julie Smith to recuse herself from the panel citing her work as general counsel for the Nebraska Department of Correctional Services before becoming a judge.
"The State of Nebraska is seeking to execute Aubrey C. Trail using the very protocol drafted by Judge Smith in her prior position as general counsel for the Nebraska Department of Corrections, which creates an overwhelming appearance of impropriety that cannot be overcome," Murray said.
The Nebraska Attorney General’s office is alleging the murder "manifested exceptional depravity by ordinary standards of morality and intelligence.â€
Trail and his co-defendant, Bailey Boswell, both were charged with killing Loofe, who went missing after going on a date with Boswell in November 2017.
Loofe's body later was found dismembered in rural Clay County.
Boswell is set for trial in March in Lexington.
Aubrey Trail in court
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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