Lawyers argue aggravating factors in first day of Boswell hearings

WILBER, NE — Attorneys are making their cases for and against the death penalty for Bailey Boswell.

In the first of what could be three days of aggravation and mitigation hearings, lawyers rehashed the investigation into the killing and dismemberment of Sydney Loofe.

The prosecution is working to prove that Boswell’s role in the slaying was exceptionally depraved and heinous.

“The diaphragm is completely missing - no trace," the state prosecutor said. "The heart is completely missing - no trace. This body was out there from November 16 until December 5.”

The State shared the familiar details of Boswell and co-defendant Aubrey Trail’s actions leading up to Loofe’s death. Prosecutors called an FBI agent and forensic pathologist to testify about what Boswell and Trail must have done in order for Loofe’s remains to wind up in bags scattered along the side of a gravel road. Boswell looked down when the most graphic autopsy images were shown.

Her attorney said the evidence shows Boswell didn’t get any gratification from the dismemberment of the body.

“Mutilation cases should be limited to cases where the mutilation is not simply an effort to hide the crime," defense attorney Todd Lancaster said. "The evidence you’re going to see today is based on an effort to hide the crime, to basically hide the evidence of Sydney Loofe’s body - to get rid of it, to dispose of it - that’s all it is.”

The defense is expected to present evidence of any mitigating circumstances tomorrow. Boswell’s attorneys will try to demonstrate those circumstances outweigh any aggravating factors and she should get life in prison instead of death.

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