Defendant who slashed neck in courtroom doesn't return

FILE - In this Aug. 6, 2018 file photo, Bailey Boswell, right, listens during a hearing in Saline County Court in Wilbur, Neb. Aubrey Trail who is on ...

FILE - In this Aug. 6, 2018 file photo, Bailey Boswell, right, listens during a hearing in Saline County Court in Wilbur, Neb. Aubrey Trail who is on ...

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.