Although Trail has been sentenced to death, there is no guarantee that he will be executed due to a lack of lethal injection drugs in Nebraska.
LINCOLN, Neb. (KLKN) – Aubrey Trail has become the 12th inmate on Nebraska death row for the murder and dismemberment of Sydney Loofe.
Although Trail has been sentenced to death, there is no guarantee that he will be executed.
This is because Nebraska does not currently have lethal injection drugs.
“It is a constant problem in various jurisdictions to be able to obtain the specific drugs intended for lethal injection, because various pharmaceutical companies do not want to sell them for this purpose,” said Robert Schopp, professor of law at UNL.
Nebraska, along with a number of other states, does not have lethal injection drugs and could never get them because drug companies don’t want their names involved in the murders.
For this reason, the 12 inmates on Nebraska death row are more likely to die of natural causes before receiving the death penalty, although some states choose different forms of execution.
âSome have switched to another form of execution, like the electric chair or a firing squad,â Schopp said.
Shopp said he’s not sure Nebraska will ever spend in a firing squad or return to the electric chair, which the state has used for years.
Regardless, it usually takes years to achieve execution on death row due to the appeal process.
In Nebraska, every death sentence is immediately appealed at least once.
âThey first make several appeals, trying to get the death penalty overturned, but also acknowledging that the time spent on multiple appeals is delaying the actual execution. And that is to approach the goal of the defense and avoid an execution, âsaid Schopp.
It is not yet known whether Trail will ever be faced with a lethal injection, a firing squad, or an electric chair.
The last inmate to be executed in Nebraska was Carey Dean Moore in 2018.
He was the first to be killed by lethal injection, and possibly the last if Nebraska does not have access to the drugs.