WILBER, Neb. (KMTV) — Bailey Boswell's sentencing hearing continued Thursday, with Boswell’s parents giving their daughter’s life story, and pleading with the judges to not sentence her to be executed.
Boswell, who was convicted of murdering Sydney Loofe in 2017, could face the death penalty, which is what state prosecutors are pushing.
It was Boswell's defense team's turn to provide mitigating factors, and after the first day of the hearing, which consisted largely of graphic pictures of Loofe's dismembered body in order to prove the crime was particularly depraved, day two told Boswell's story.
"Please don’t put her to death,” said Priscilla Boswell, mother of Bailey Boswell.
Thursday was an emotional day in court. Members of Bailey Boswell’s family gave recorded interviews and Boswell was audibly emotional at times while wiping away tears in the courtroom.
Her parents and other family members spoke of her upbringing. Boswell's father was murdered when she was only one year old but she actually had a traditional and good childhood in rural Iowa with her mother and her stepfather, who adopted her.
“How did she go from a high school star athlete in Leon, Iowa,” said defense attorney Todd Lancaster. “To being involved with a man twice her age who is essentially a con man?”
Boswell’s life went south in college when she dated a man, named Freddy, who her parents say sexually and emotionally abused her as well as coerced her into giving illegal sexual acts for money.
“He was pimping her out,” said Priscilla Boswell.
She later met Aubrey Trail, a co-conspirator in the murder, who was also abusive.
Her mother, Priscilla said she never had a good feeling about him.
“I couldn’t really find anything nice to say, so it's better just to stay away,” said Trail.
The defense also put up Susan Michalski, an expert in domestic abuse who said abuse victims will often go from one bad relationship to another.
“Kind of a double whammy, because if their boundaries have been skewed or blurred, they don’t see this coming,” said Michalski.
The state was largely quiet but said that Boswell sought out Trail for money.
“What happens is Aubrey Trail becomes that sugar daddy that she wants,” said Doug Warner, Assistant Attorney General.
Boswell also has a young daughter, with whom she is still close. The defense said that alone is a mitigating factor, due to the effect the death penalty would have on her family.
“Bailey has a five-year-old daughter, Nola and you’ll hear information that she essentially talks with her or has contact with her almost daily,” said Lancaster.
Boswell's parents say she doesn’t deserve to be put to death, partially because of the little girl.
“It, it would be bad,” said Jeff Boswell, her adoptive father. “Cause I’d have to explain it.”
Boswell would be the first woman on Nebraska death row, which Boswell's attorney believes poses a problem; male death row inmates interact only with each other and the defense believes Boswell would be isolated in the women’s prison.
Corrections Director Scott Frakes told the three-judge panel that he does not yet know how Boswell would be housed and who she’d interact with. He said he'd have to draft a policy if Boswell was sentenced to death.
Late in the Thursday hearing, the defense also used Aubrey Trail’s statement at his death sentencing hearing, in which he denounced his past statements as lies and said it was his idea, he was the one that killed Loofe and dismembered her.
Watch Kipper's report from yesterday here.
Her defense attorney Todd Lancaster is going through Bailey's life.
— Jon Kipper (@jonnykip21) July 1, 2021
Star HS athlete, went to small Iowa college, met a guy that was bad for her.
She was sexually assaulted, forced to give "massages" for money, used alcohol & pot.
Eventually they split, but then she met Trail.
Lancaster goes on - says Boswell qualifies for a family sympathy mitigator. Saying a death sentence would have a huge effect on her family, specifically her five year old daughter.
— Jon Kipper (@jonnykip21) July 1, 2021
Now the state is up. Assistant AG Doug Warner says Boswell met Trail while she was seeking a 'sugar daddy' and that Trail fit the bill for her.
— Jon Kipper (@jonnykip21) July 1, 2021
That's all he really said in his opening statement.
Frakes asked how Boswell would be housed if she gets a death sentence.
— Jon Kipper (@jonnykip21) July 1, 2021
Says he'd draft policy language to her needs. Says she'd be housed in York. Would be same screening tools that every other inmates in the system.
Asking procedural housing questions currently. Frakes is outlining policies for different levels of inmates (maximum, minimum, etc).
— Jon Kipper (@jonnykip21) July 1, 2021
Boswell is very engaged, looking right at Frakes throughout. Yesterday she looked down a lot when graphic pictures were shown.
Frakes confirmed that death row inmates are their own community, informally celebrating birthdays, holidays.
— Jon Kipper (@jonnykip21) July 1, 2021
Defense clearly trying to show their treatment would/could be different than if Boswell was on death row in York's women-only prison.
Defense has no other questions.
— Jon Kipper (@jonnykip21) July 1, 2021
Now the state is asking questions, many of them repetitive of what the defense asked.
Frakes is now off the stand.
Michalski says she has not spoken with Boswell directly, but has read records on the case.
— Jon Kipper (@jonnykip21) July 1, 2021
She expands on 'traumatic bonding.' Says perpetuating partner will determine early what makes victim tick....and then uses it against the victim.
— Jon Kipper (@jonnykip21) July 1, 2021
These could be personal past experiences, good and bad.
She expands on 'traumatic bonding.' Says perpetuating partner will determine early what makes victim tick....and then uses it against the victim.
— Jon Kipper (@jonnykip21) July 1, 2021
These could be personal past experiences, good and bad.
We're now going to a videotaped interview w/ Boswell's mom Priscilia.
— Jon Kipper (@jonnykip21) July 1, 2021
It was recorded about four weeks ago.
Says in high school Boswell was a dedicated basketball player, and was quite good.
— Jon Kipper (@jonnykip21) July 1, 2021
Says she didn't get into trouble in high school.
Boswell had various conflicts w/ the coach. He made her cry, overall didn't get along well.
— Jon Kipper (@jonnykip21) July 1, 2021
Bailey became to get distressed.
They're stopping the video for an hour. Be back at one.
Boswell's mom now talking about Bailey's ex-BF and father of her child, Freddy.
— Jon Kipper (@jonnykip21) July 1, 2021
Says he acted normal but there was another side. Convinced her to drop out of AIB, took her money and overall abused her.
She says the BF would pimp her out. Having Bailey give massages/happy ending for money.
— Jon Kipper (@jonnykip21) July 1, 2021
He then took any money she made.
They also sometimes robbed these people while doing this.
She says he forced/urged her to do this.
Eventually, Boswell got away from Freddy, stayed w/ her mom & step-dad.
— Jon Kipper (@jonnykip21) July 1, 2021
She at some point got aquainted with Aubrey Trail. Started selling antiques w/ him.
Then got an apartment, car that Trail bought for her in eastern Iowa.
Boswell's mom says she met Aubrey Trail in Leon, Iowa.
— Jon Kipper (@jonnykip21) July 1, 2021
He was using a different name,Alan Gambino. Says she didn't have anything nice to say about him.
Bailey's mom closes by pleading with the panel - "please don't put her to death."
— Jon Kipper (@jonnykip21) July 1, 2021
Boswell now clearly emotional for the first time in this hearing. Wiping away tears.
Jeff Boswell, now up to the stand, while technically her step-dad, she is her adoptive father and she refers to him as dad.
— Jon Kipper (@jonnykip21) July 1, 2021
He describes very similar stories about Bailey's childhood.
You could audibly hear Boswell crying after her family's testimony, here's the video camera shot after her mom's recorded testimony. pic.twitter.com/ey2leHWnVL
— Jon Kipper (@jonnykip21) July 1, 2021
