Day: March 27, 2012

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

march, 27  source :

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.

true story  of brandon Teena

No. 11-8458      *** CAPITAL CASE ***
John L. Lotter, Petitioner
Robert Houston, Warden
Docketed: January 24, 2012
Lower Ct: United States Court of Appeals for the Eighth Circuit
  Case Nos.: (11-2223)
  Decision Date: August 23, 2011
  Rehearing Denied: October 31, 2011
~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Jan 20 2012 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 23, 2012)
Feb 17 2012 Brief of respondent Robert Houston, Warden in opposition filed.
Feb 28 2012 Reply of petitioner John L. Lotter filed. (Distributed)
Mar 1 2012 DISTRIBUTED for Conference of March 16, 2012.
Mar 19 2012 Petition DENIED.

Death Watch Diary: The Last Days of a Death-Row Prisoner

Robert Towery was denied clemency by the state of Arizona on Friday March 2, 2012 and was executed on Thursday March 8th in Florence, Arizona. He was 47 years old.
The last 35 days of his life, Robert was placed on “Death Watch” where his every move was recorded and chronicled by prison officials. Robert kept a diary and he sent his writings to his attorneys. Robert authorized his lawyers to release his diary after his execution.
“Death Watch Diary” is available now as a FREE PDF version at
A $.99 ebook download on amazon at is available in Kindle format.
In his narrative, Robert picks at the ironies and absurdities of life in prison. He revels in simple pleasures, such as a good meal or a sports event on television. He yearns for the human contact from his last visitors, and he touchingly tries to comfort his pod-mate, who doesn’t really understand that he is going to his death.
As often happens, the man who was executed was not the same man who had committed the crime. Robert had 20 years to think about his crime and once he was free of the drugs and the torment, he became a thoughtful man. Robert apologized to the family of his victim and to his own family both in his clemency hearing and in his last words before his execution.