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Trail denied new trial, faces death penalty

Judge says Trail can't "cause his own mistrial through his own misbehavior."
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Posted at 1:19 PM, Dec 31, 2019
and last updated 2019-12-31 14:36:47-05

SALINE COUNTY, NE (KMTV) — Aubrey Trail's argument that slashing his own neck in court should have resulted in a mistrial has been rejected.

Saline County District Court Judge Vicky Johnson overruled the motion on Monday.

"The Nebraska rule on disruptions caused by the Defendant is clear," a court document says, "a defendant may not cause his own mistrial through his own misbehavior."

Trail, who was convicted in July for the murder of Sydney Loofe, could get the death penalty.

Trail slashed his throat in court in June.

Our previous coverage of the Trail trial can be found here.

See the full ruling below: