Aubrey Trail, convicted of killing Lincoln woman Sydney Loofe in November 2017, appeared in Saline County District Court Dec. 4.
Trail filed for a motion a new trial in September, claiming an outburst in which he cut his own throat in front of the jury may have affected his verdict.
On June 24, less than two weeks into his trial this past summer, Trail cut his neck and shouted, “Bailey is innocent, and I curse you all,” while a witness was taking the stand.
Bailey Boswell, his girlfriend and co-defendant, will begin her trial in March in Lexington.
It was later learned that a razor blade wrapped in a bandage was the item Trail had weaponized.
In the Dec. 4 hearing, state prosecutors presented a sealed affidavit from a law enforcement officer, according to the Omaha World Herald.
Although details were not discussed in open court, the document suggests that Trail may have planned the incident, leaving the question of whether jail staff knew about it beforehand.
Trail’s attorney, Ben Murray, said if this were the case, it could strengthen Trail’s request for a new trial, the OWH reported.
An evidence hearing is tentatively set for Dec. 31 and Judge Vicky Johnson has taken the matters under advisement.
Along with first-degree murder, Trail was convicted of conspiracy to commit murder and faces the death penalty.