John Lotter visiting form
John Lotter visiting form
Brandon Teena (born Teena Renae Brandon; December 12, 1972 – December 31, 1993) was an American trans man who was raped and murdered in Humboldt, Nebraska.His life and death were the subject of the Academy Award-winning 1999 film Boys Don't Cry, which was partially based on the documentary film The Brandon Teena Story. Both of these films also showed the extent to which Teena's murder was an outcome of more systematic discrimination by the legal and hospital authorities that he encountered prior to his death.
During a Christmas Eve party, Nissen and Lotter grabbed Teena and forced him to remove his pants, proving to Tisdel that Teena was anatomically female. Tisdel said nothing and looked only when they forced her. Lotter and Nissen later assaulted Teena, and forced him into a car. They drove to an area by a meat-packing plant in Richardson County, where they assaulted and raped him. They then returned to Nissen's home where the two men ordered Teena to take a shower. Teena escaped from Nissen's bathroom by climbing out the window, and went to Tisdel's house. He was convinced by Tisdel to file a police report, though Nissen and Lotter had warned Teena not to tell the police about the rape or they would "silence him permanently". Teena also went to the emergency room where a standard rape kit was assembled, but later lost. Sheriff Charles B. Laux questioned Teena about the rape; reportedly, he seemed especially interested in Teena's transsexuality, to the point that Teena found his questions rude and unnecessary, and refused to answer. Nissen and Lotter learned of the report, and they began to search for Teena. They did not find him, and three days later, the police questioned them. The sheriff declined to have them arrested due to lack of evidence.
Around 1:00 a.m. on December 31, 1993, Nissen and Lotter drove to Lambert's house and broke in. They found Lambert in bed and demanded to know where Teena was. Lambert refused to tell them. Nissen searched and found Teena under the bed. The men asked Lambert if there was anyone else in the house, and she replied that Phillip DeVine, who at the time was dating Tisdel's sister, was staying with her. They then shot and killed DeVine, Lambert and Teena in front of Lambert's toddler. Nissen later testified in court that he noticed that Teena was twitching, and asked Lotter for a knife, with which Nissen stabbed Teena in the chest, to ensure that he was dead. Nissen and Lotter then left, later being arrested and charged with murder.
Teena is buried in Lincoln Memorial Cemetery in Lincoln, Nebraska, his headstone inscribed with his birth name and the epitaph daughter, sister, & friend.
Nissen accused Lotter of committing the murders. In exchange for a reduced sentence, Nissen admitted to being an accessory to the rape and murder. Nissen testified against Lotter and was sentenced to life in prison. Lotter denied the veracity of Nissen's testimony, and his testimony was discredited. The jury found Lotter guilty of murder and he received the death penalty. Lotter and Nissen both appealed their convictions. In September 2007, Nissen recanted his testimony against Lotter. He claimed that he was the only one to shoot Teena and that Lotter had not committed the murders. In 2009, Lotter's appeal, using Nissen's new testimony to assert a claim of innocence, was rejected by the Nebraska Supreme Court, which held that since—even under Nissen's revised testimony—both Lotter and Nissen were involved in the murder, the specific identity of the shooter was legally irrelevant. In August 2011, a three-judge panel of the Eighth U.S. Circuit Court of Appeals rejected John Lotter's appeal in a split decision. In October 2011, the Eighth Circuit rejected Lotter's request for a rehearing by the panel or the full Eighth Circuit en banc. Lotter next petitioned the Supreme Court of the United States for a review of his case. The Supreme Court declined to review Lotter's case, denying his petition for writ of certiorari on March 19, 2012, and a further petition for rehearing on April 23, 2012, leaving his conviction to stand.
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