Convicted murderer Aubrey Trail appeared in Saline County Court Wednesday, as the State of Nebraska provided new evidence that his motion for a new trial should be denied.

On July 10, Trail was convicted of murdering 24-year-old Sydney Loofe in November 2017. His co-defendant, Bailey Boswell, is scheduled for a first-degree murder trial in March. That trial will be held in Lexington.

Trail filed a request for a new trial in September, saying an outburst during his original trial, in which he cut his throat with a razor blade, tainted the jury.

On June 24, on the first day of the second week of the trial, Trail shouted, "Bailey (Boswell) is innocent and I curse you all!" before slashing his own neck. Trail received numerous stitches and did not reappear at his own trial for at least two weeks.

On Wednesday, the State submitted a sealed affidavit from a law enforcement officer which reportedly offers proof Trail planned the outburst.

The details of the affidavit were not discussed, but matters of prison and courthouse security are mentioned.

The State argues that a pre-planned outburst is not a valid reason for a new trial.

Trail’s defense team says if Trail planned the outburst and acquired a razor blade in advance, personnel at the Lincoln Diagnostic Center where he was being held may have been aware of his plan. If the staff was aware and did not report it, that would be grounds for a new trial, according to the defense.

Saline County District Judge Vicky Johnson has taken the matter under advisement, and a hearing to go over evidence and depositions is tentatively set for December 31st.

Trail, who was convicted on charges of first-degree murder and conspiracy to commit murder, is also facing the death penalty. Trail’s defense team says it's unlikely any death penalty hearings will move forward until the request for a new trial has been resolved.

News Channel Nebraska news partner 10/11 Now contributed to this report.