march, 27 source : http://www.huffingtonpost.com
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 ***|
|Docketed:||January 24, 2012|
|Lower Ct:||United States Court of Appeals for the Eighth Circuit|
|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.|