WILBER - Convicted murderer Aubrey Trail’s attorney filed a request for a new trial Wednesday, saying an outburst that led to Trail slicing his throat tainted the jury.

Trail’s defense attorney Ben Murray filed the motion for a new trial and the topic was discussed in Saline County Court in Wilber Wednesday. During Trail’s June trial for the murder of 24-year-old Sydney Loofe, Trail stood up and sliced his throat with a piece of a razor blade. Trail was eventually found guilty of first-degree murder and conspiracy to commit murder on July 10th.

Murray also filed a motion to rule Nebraska’s death penalty unconstitutional because “it permits judges, not juries, to make factual findings necessary to impose death sentences.”

The state now has until September 20th to submit a brief on the motion. Judge Vicky Johnson took the topic under advisement. Trail's alleged accomplice, Bailey Boswell, is scheduled for a first-degree murder trial in January. That will now be held in Lexington.

The two were arrested after Loofe went missing in November 2017. Her body was found dismembered in rural Clay County weeks later.