John Lotter, 'Boys Don't Cry' Killer And Death Row Inmate, Denied Appeal By U.S. Supreme Court

Brandon Teena, 21, was sexually assaulted and murdered in December 1993.

OMAHA, Neb. — The U.S. Supreme Court has denied the appeal of a Nebraska death row inmate whose murder case inspired the 1999 film "Boys Don't Cry."

John Lotter and a co-defendant were convicted in the 1993 slaying of Teena Brandon, a 21-year-old woman who lived briefly as a man, and two witnesses to her killing. Lotter has maintained his innocence.

In August, a three-judge panel of the 8th U.S. Circuit Court of Appeals rejected Lotter's attempt to appeal his conviction, and his request for the full court to consider his appeal was denied.

Lotter then appealed to the U.S. Supreme Court which last week denied Lotter's request without comment.

Lotter's attorney, Andre Barry of Lincoln, declined to comment on Tuesday. Lotter can petition the U.S. Supreme Court for a rehearing of the appeal.

Along with Brandon's death, Lotter and Nissen were convicted of killing Lisa Lambert, 24, and Philip DeVine, 22, who witnessed Brandon's death in the farmhouse near Humboldt, about 80 miles southeast of Lincoln.

Brandon had reported being raped by the two men. A former Richardson County sheriff was later criticized for his handling of the rape charges and for failing to offer Brandon protective custody.

In a deal with prosecutors to avoid the death penalty, Nissen testified that he stabbed Brandon, but Lotter fired the shots that killed the three. Nissen was sentenced to life in prison.

But in July 2007, he changed his story and said he, not Lotter, shot all three.

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Comments

[Smokin Aces]

01:57 AM on 05/27/2012

There is nothing that anyone could ever do that would justify them being raped and then murdered. It is in the small closed minds of people that hatred grows. It is in ones inability to accept people who are different that leads to murder. History has taught us this. If lotter and neisen were convicted of these crimes by a jury of their peers and even if neisen changed his story later as to who pulled the trigger....it makes no difference.....they were both there with the intent to kill and both had the intent to rape. If lotter doesn't like his circumstances he has only himself to blame for it. Lotter is begging for his life. Why should his be anymore important than Lisa's, Philip's, or brandon's? And for some of you out there using your line of thinking....he deserves to die, he was deceitful, and committed crimes, and he is completely responsible for the situation he is in, and the end result of his actions.

[Jlotter531]

01:59 PM on 04/16/2012

Please take time to check out this page, set up on John's behalf. I mean no disrespect to Brandon or anyone else by posting here. My goal is to have an intelligent, respectful dialogue about John, the case, and new developments.

[Jlotter531]

02:46 PM on 04/16/2012

Sorry, the Facebook page is jlotter531. Thanks.

[Jay DePalma]

05:59 PM on 03/29/2012

RobertoM March 29, 2012 at 4:36pm

"The reason that nobody is accepting your argument is that it’s based on a logical fallacy. Have you ever heard the old saying, “Two wrongs don’t make a right?” That is essentially what you are arguing. It’s the same as saying that if a man cheated on his income taxes, he somehow incited an IRS agent to come to his house and kill him. No. Two wrongs do not make a right. Teena was no more responsible for the actions of her killer/rapists than the man who cheated on his taxes. How they responded to whatever she did is a reflection on them, not her. That's why the law held them responsible for it."

Hold that thought. I will wait for the next transgender killing due real identity fraud and sexual involvement with a deceived straight male or female that wouldn't have participated if given the opportunity to know the real sex of his partner. I will be here to say: I told you so!
#1 Teena Brandon
# 2 Gwen Araujo
#3

[greyfoot]

11:07 PM on 03/31/2012

#1 You don't have enough evidence to support the claim that Brandon was a sexual predator.

#2 Plenty of liars and thieves prosper everyday, and don't meet the end that Brandon did. Brandon's choices were indeed bad; had Brandon ended up in a different town, there's a good chance he/she, still being a liar and a thief, would be alive today, so your conjecture is forgone.

#3 Brandon's murder is the result of being in the company of two homicidal maniacs. They didn't kill him/her because he/she lied to them--they killed because they're deplorable human beings with no respect for human life. End of story.

Your position is as illogical as me saying "That person was shot in the drive-by shooting because he/she CHOSE to walk down that street at the wrong time, so it's his/her fault.

You're wrong on this one, Jay. Face up to it.

[Jay DePalma]

04:17 PM on 03/29/2012

"Again, since when does that justify murder? How do the actions of the victim - which were not violent or aggressive in any way - vindicate the murderer in his decision to kill her? You may be comfortable with your sexuality, but you're way behind on the morality and ethics of violence..."

My morality and ethics of violence is well sounded...I said all along the killers deserved the maximum for their crime and that Teena Brandon didn't deserved to meet such a terrible end. No, her actions were non violent, but criminal, preditorial and sexually aggressive? Absolutely. Tell me somenthing, since you are such high ranking morality and ethics regarding violence. What do you think are the facts that let to Brandon's rape and murder?

[Jay DePalma]

02:19 PM on 03/29/2012

I said I rested my case, but you posters continue to banged me for expressing my views.Teena Brandon was a sexual predator, she made a way of life by deceiving, robbing and sexually abusing the very people who befriended her, trusted, opened up their homes and families to her - unknowing to the facts that she had a hidden agenda and was not the person she claimed to be. Her killing was not a random act and not a hate crime. She was murdered due to her deception and sexual relations with Lana Tisdale, among others and to silence her about the rape.There's no excuse for it and it shouldn't have happened, but it did. Deception, theft and becoming intimately and sexually involved based solely on lies will lead to a very serious outcome. I've know several transgender individuals and they all have one very common character trait, they are in total denial of their identity. They seek straight men and women as love and sex interests and don't feel the need to come clean about their past. This is WRONG and people are entitle to know the person they are getting involved with. If someone wants a transgender man or woman as a partner so be it, but give those who do not wish so a chance to exercise their right and don't overstep emotional and sexual boundaries just because you feel you're entitle to it. Get the point?

[Jay DePalma]

03:21 PM on 03/29/2012

PapaRocky March 29, 2012 at 11:39am
Your focus on Brandon's deception seems to be purposefully sidestepping the issue that Brandon is still a murder victim. No one deserves to be murdered. That's why murder is against the law.

And you continue to overlook the very fact that her deception was what set the path towards it.

[RobertoM]

04:36 PM on 03/29/2012

The reason that nobody is accepting your argument is that it’s based on a logical fallacy. Have you ever heard the old saying, “Two wrongs don’t make a right?” That is essentially what you are arguing. It’s the same as saying that if a man cheated on his income taxes, he somehow incited an IRS agent to come to his house and kill him. No. Two wrongs do not make a right. Teena was no more responsible for the actions of her killer/rapists than the man who cheated on his taxes. How they responded to whatever she did is a reflection on them, not her. That's why the law held them responsible for it.

[Jay DePalma]

01:08 PM on 03/29/2012

Never once did I said that the murder of Brandon was justified and that she deserved to died in a such a violent and horrible way - never. I wholeheartedly feel that the killers deserved to be given the maximum penalty and never be let out again. My argument is very sounded and yet, not one single person in this forum seems to understand nor agree with my message. I'm conveying one very important aspect of this case that in my opinion set the stage for the outcome we know today. Brandon was a willing participant and not the innocent victim everyone is making her out to be. She should be held accountable for her actions. Why is it so difficult for you to see her character in the proper light? It is well documented that she engaged in theft, forgery and deception to become intimately, romantically and sexually involved with straight women that otherwise wouldn't have done so if given the option to know that she was a biological female. Not so long ago another transgender, Gwen Araujo was murdered by a group of friends. Why may you ask? He too fooled straight people about her identity and had sex with two of the men. So, there you have it. I rest my case.

[Felps]

10:53 AM on 03/29/2012

So... If you ever get charged with being an accomplice/accessory to murder, you should always snitch?

[Jay DePalma]

02:09 PM on 03/29/2012

Honesty is the best policy.

[crystal clear 919]

05:39 AM on 03/30/2012

Snitch? Are you kidding? You sound like a low life.

[Jay DePalma]

09:35 PM on 03/28/2012

I keep seen the "respect" word regarding my use of the word "She" and "Her" to address Teena and I really don't mean it in any disrespectful way. However, I must admit that I have no reasons whatever to feel any respect for Teena Brandon, she's no role model to me or to anyone with enough regard for law abiding principles and the truth. She was a deceiver, a small time criminal and a sexual predator who fooled straight women into sex. What's so outstanding about that? She was murder in part because of it, I see nothing remarkable about it other than a tragedy that could have been avoided if she would have been just a little more honest.

[wwwelling]

10:46 PM on 03/28/2012

The murder could have been prevented by the killers choosing another course of action. None of the actions you rightfully criticize are death penalty offenses.

[Jay DePalma]

03:26 PM on 03/29/2012

The murder could have also been prevented by Teena Brandon choosing to be upfront about her identity. None of her actions were death penalty offences and yet they are indeed the reason which let to her murder.

[babyboomernina]

10:32 AM on 03/29/2012

Hope you never serve on a jury! That is such a 'sick' argument to make about the case. Blame the victim....WOW!!

[Jay DePalma]

03:35 PM on 03/29/2012

Brandon was very much involved in deceit and theft as well as sexual intercourse with straight women under a false gender identity, therefore, she should be held accountable for her deeds. I guarantee you that my services as a juror would be based on the facts and the facts only, which means both sides of the table and not just the one I feel deserves justice.

[Jay DePalma]

09:18 PM on 03/28/2012

"Actually crossdressing had led to murder just by walking down the street...no sexual activities needed"
Too true my dear and in cases the victim does not even know the attacker, that proves my point. When you lie about your gender to have sex with individuals who would not be involved with you if they knew your real sex that becomes even more dangerous.
I don't have a problem with people believing I am not gay, I'm very comfortable with my sexual orientation and was out by age 10. Believe me, it was tought and at times right down cruel, but I did what I had to do to survive head on, without lies, deceptions, theft and sexual encounters with straight people by pretending I was a female and that wouldn't have been too difficult, I am very passable. Teena was not honest and real about herself and I will continue to believe that she put herself in harm's way by doing so. You people put me down because I look at this case from the facts: She was a deceiver, a thieve, a forger and a sexual predator who fooled straight women into having sex with her believing she was a male - she set herself up for trouble and got it.

[PapaRocky]

11:31 AM on 03/29/2012

But she did not deserve to be murdered. No one deserves to be murdered.

[Jay DePalma]

04:07 PM on 03/29/2012

You are correct.

[cyanmanta]

12:14 PM on 03/29/2012

Again, since when does that justify murder? How do the actions of the victim - which were not violent or aggressive in any way - vindicate the murderer in his decision to kill her? You may be comfortable with your sexuality, but you're way behind on the morality and ethics of violence...

[Jay DePalma]

03:30 PM on 03/28/2012

I am not nor will I ever be someone who would justify Teena Brandon's death nor any of the many other GLT lives that were cut short or scarred by hate crimes or any other factors and perpetrators should receive the maximum penalty available. However, I believe that Brandon's actions led to her death. She was responsible through behavioral pattern to forgery, theft, deceit and sexual intimacy with straight people. I am a gay individual and I been know from time to time to dressed up as a woman on Halloween or a night out of clubbing with friends. In several occasions, a straight male has approached me and ask for dance, offered a cocktail and even a date. Was I interested? Sure! I can appreciate a good looking man just like the next BUT the first thing out of my lips is always been: Thank you very much, but I am not a female. There are some that walk away, there are others that take it as Oh WOW! and laugh it off and in some cases there are some that want to know me better. My point being? HONESTY is the best policy. Teena felt she was a straight male and that is fine as long as she was honest about it, but that was not the case. She offered no options to the straight people she got involved with and used them deliberately for her very own selfish reasons and the rest as they say is history.

[fran glass]

04:32 PM on 03/28/2012

Crime and deception are punishable by death?

You cross dressing for parties/halloween is not the same as being transgendered.

you use of male pronouns is very disrespectful.

[Jay DePalma]

05:32 PM on 03/28/2012

Stick to the facts.
Crime and deception can and it will lead to death. Crossdressing is not the same as being transgensder, but the outcome could very well lead to physical harm and tragedy if deception is used to engage in sexual activities with a straight individual who believes you to be a biological female. Dishonesty and crime sealed Teena Brandon's fate. She was a female, no disrespect meant by addressing her as such.

[fran glass]

04:33 PM on 03/28/2012

*female. obviously

[Marcia75]

01:08 PM on 03/28/2012

I was in college at UNL through this horrible crime and the case that followed. Kudos to the Supreme Court.

[Cerulean1299]

01:27 AM on 03/28/2012

No matter the wrongs Brandon committed no one deserved what he got. No one. He made some mistakes and had some problems but to die like that after being raped...just sad. I was riveted to this case and the movie. I had never really thought about transgendered females until then. I only knew of the opposite.

[Jay DePalma]

06:14 AM on 03/28/2012

Well, actually the wrongs committed by Brandon are the facts that led to her killing and that of two innocent people, so they do matter, indeed. I said it before, no one deserves to die in such a tragic way, but I believe 100% that by deceiving the people she became involved with sexually and otherwise as to the fact she was a female and not a male, led to her demise...she very likely be alive today if chosen to be more honest and decent.

[Iron100]

07:37 AM on 03/28/2012

she would have been honest and "decent" if the society was. BTW why was it these criminals' business whether she lied about her sexuality? Her girl friend and friends were fine with her sexuality. Those three people died because of people like you in our society.

[djekizian]

08:27 AM on 03/28/2012

When did deception become reasonable grounds for homicide?? You're sick.

[rewith85man]

12:59 AM on 03/28/2012

I am glad to see that victims, dead and alive, are getting justice.

[PapaRocky]

11:42 AM on 03/29/2012

Yeah, but as Jay DePalma's multitude of attack posts have proven, they still get blamed for being victims ...

[grasshoppers]

12:28 AM on 03/28/2012

Hateful, low-life, vicious, bigot, rapist, and cold-blooded, premeditated murderer -- why is he still alive? Fry him. Brandon Teena, Lisa Lambert, Philip DeVine, and their families deserve justice. And from what I heard of the actual recording of the police interview of Brandon Teena when she tried to report being raped, you can fry that Sheriff along with these murderers. He might as well have been an accomplice. He did nothing to prevent her murder which any buffoon could see coming, and he seemed to care very little about her rape.

[fran glass]

10:45 AM on 03/28/2012

his rape.

[Perky2Cents]

02:01 PM on 03/29/2012

F&F

[TheWayIThink]

10:03 PM on 03/27/2012

So sad for such a young life that really wanted nothing but to be loved by whom "he" was, and to find somebody he couldd also love. The cruelty that was shown towards him, and so many athers after him, needs to stop.