High court hears appeal in "Boys Don't Cry" case

Death row inmate John Lotter wants his conviction for killing Teena Brandon in 1993 overturned. Lotter – whose crimes inspired the 1999 movie “Boys Don’t Cry” – says he’s innocent. His co-conspirator Thomas Nissen recently changed his story about who actually shot Brandon several times.

Nebraska Attorney General Jon Bruning says he has no questions about Lotter’s guilt. Bruning says: “Even if Nissen was telling the truth, and he’s not, but even if he was, if two people go out to commit a murder, it doesn’t matter which one of them pulls the trigger necessarily. If you’re out there and you’re an accomplice and you plan a murder, even if the other guy pulls the trigger, you can be just as culpable.”

Lotter was sentenced to death in 1996 for killing Brandon and two others in a farmhouse near Humboldt after Brandon reported that Lotter and Nissen had raped her. Brandon was born a female but for a time, lived as a man.

Arguments in Lotter’s appeal to the state supreme court will be taken up today. Lotter’s attorney declined to comment Monday.

Thanks to Kevin Thomas, KLIN, Lincoln