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| Nebraska Court Rejects Retrial for Convicted 'Boys Don't Cry' Killer |
| By Associated Press |
| Published: 07/21/2003 |
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The Nebraska Supreme Court rejected a convicted killer's request for a new trial or reduction of his death sentence in the murder of a cross-dressing woman whose life inspired the movie 'Boys Don't Cry.' John Lotter's attorney argued that his client's sentence should be reduced because of a 2002 U.S. Supreme Court ruling calling for juries -- not judges -- to decide when the death penalty is warranted. Nebraska's high court said that ruling didn't apply retroactively to Lotter, who was also convicted of killing two other people. Lotter was sentenced in 1996 by a three-judge panel rather than a jury. Nebraska Attorney General Jon Bruning was not immediately available for comment Friday. Neither was Lotter's attorney, James Mowbray. Teena Brandon, 21, was posing as a man in 1993 when Lotter and another acquaintance, Marvin Nissen, learned Brandon's true gender. Brandon told the local sheriff the men raped him. A week later, the two men murdered Brandon and Lisa Lambert, 24, and Philip DeVine, 22. Prosecutors said Brandon was killed for reporting the rape. Lambert and DeVine had witnessed Brandon's death in a farmhouse outside Humboldt. Both Lotter and Nissen were convicted of murder. The killings outraged gay activists and inspired the 1999 movie 'Boys Don't Cry,' along with several documentaries. Nissen, in a deal with prosecutors, testified against Lotter and was sentenced to life in prison. Lotter received three death sentences and awaits execution in Nebraska's electric chair. |

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