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Defendant who slashed neck in courtroom doesn’t return

June 25, 2019
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FILE - In this June 19, 2018 file photo, Aubrey Trail, left, looks on during a hearing in Saline County Court, in Wilbur, Neb. Trail, on trial for the 2017 slaying of a Lincoln woman has slashed his neck and fallen from a wheelchair during court proceedings Monday, June 24, 2019. Aubrey Trail yelled "Bailey is innocent, and I curse you all" before swiping what may have been a pen across his neck. He was soon taken to an ambulance. It's unclear how severely he injured himself. (Eric Gregory/Lincoln Journal Star via AP File)
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FILE - In this June 19, 2018 file photo, Aubrey Trail, left, looks on during a hearing in Saline County Court, in Wilbur, Neb. Trail, on trial for the 2017 slaying of a Lincoln woman has slashed his neck and fallen from a wheelchair during court proceedings Monday, June 24, 2019. Aubrey Trail yelled "Bailey is innocent, and I curse you all" before swiping what may have been a pen across his neck. He was soon taken to an ambulance. It's unclear how severely he injured himself. (Eric Gregory/Lincoln Journal Star via AP File)

WILBER, Neb. (AP) — A Nebraska murder trial has resumed without the presence of the defendant who slashed his neck in the courtroom.

Judge Vicky Johnson noted 52-year-old Aubrey Trail’s absence to jurors Tuesday, saying Trail chose not to attend.

Trail yelled “Bailey is innocent, and I curse you all” Monday before swiping something across his neck in the courtroom in Wilber, 35 miles (56 kilometers) southwest of Lincoln. Deputies rushed to help as Trail lay bleeding.

Trail’s attorney, Joe Murray, says Trail needed stitches but was released from a hospital. Murray also says a potential mistrial was discussed but that Nebraska law says a defendant’s actions cannot cause a mistrial.

Trail and 25-year-old Bailey Boswell are charged with first-degree murder in the killing and dismemberment of 24-year-old Sydney Loofe.

Boswell awaits trial.

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