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Nissen: 'I am the person who shot and stabbed Teena Brandon'

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BY JOE DUGGAN / Lincoln Journal Star. Copyright 2007

Thursday, Sep 20, 2007 - 12:02:02 pm CDT

Tom Nissen says he shot and killed three people in a Humboldt farmhouse nearly 14 years ago, a stunning reversal of court testimony that put his former drinking buddy on death row.

John Lotter wants a new trial on the grounds that Nissen lied on the stand.

Lotter, 36, has maintained his innocence in the Dec. 31, 1993, killings, despite being convicted of three counts of first-degree murder. He has lived on death row for 11 years pending appeals.

Story Photo
Marvin Thomas "Tom" Nissen

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Humboldt murders

November 1993: Teena Brandon, a Lincoln transgendered person who lived as a man, leaves Lincoln to escape legal problems and ends up in Richardson County.

Dec. 24-25, 1993: Brandon, who had been using the name Brandon Teena and dating women in the Falls City area, is stripped at a party in Falls City by Marvin Thomas "Tom" Nissen and John Lotter to reveal Brandon's biological gender. The men then kidnap, beat and rape Brandon for deceiving them and their friends. Brandon reports the rape to authorities.

Dec. 31, 1993: Having been interviewed by investigators about the rape, Lotter and Nissen decide to silence Brandon. They drive to a rural Humboldt farmhouse where she is staying and kill her, Lisa Lambert and Phillip DeVine. They leave Lambert’s infant son in the house.

1995: Nissen testifies against Lotter, saying Lotter pulled the trigger in the shootings. Both men are convicted of murder. Nissen is sentenced to life in return for his testimony.

1996: Lotter is sentenced to death.

March 1997: Nebraska Supreme Court denies Nissen a new trial, saying there was no evidence a juror’s violation of a sequestration order affected the outcome of his trial.

1998: "The Brandon Teena Story," a documentary film, is released.

1999: “Boys Don’t Cry,” a fictional movie based on the Brandon case and starring former Nebraskan Hilary Swank, is released.

March 2000: Lotter, scheduled for execution April 26, 2000, receives stay of execution.

July 2003: Nebraska Supreme Court rejects Lotter’s appeal for retrial and commutation of death sentence to life in prison.

September 2003: Lotter loses appeal for DNA testing.

May 2004: Lotter attempts to become the third inmate to get off Nebraska’s death row under laws prohibiting the execution of mentally retarded people. Appeal is pending.

June 2004: U.S. Supreme Court rules that its 2002 decision that juries, not judges, should decide whether crimes deserve the death penalty, was not retroactive. Lotter and other death row inmates had hoped for new sentences based on the 2002 decision.

September 2007: Lincoln attorney Paula Hutchinson files a motion asking for a new trial for Lotter based on Nissen’s sworn affidavit recanting his testimony at Lotter’s original trial.

- Lincoln Journal Star Archives

Separate juries found Lotter and Nissen guilty of killing Teena Brandon, a 21-year-old transgendered person from Lincoln who lived as a man; Lisa Lambert, 24, of Humboldt; and Phillip DeVine, 22, of Fairfield, Iowa.

The case shocked Nebraska and inspired the 1999 film “Boys Don’t Cry,” which earned Hilary Swank an  Academy Award for her portrayal of Brandon.

Marvin Thomas “Tom” Nissen recanted his testimony in a 2½-page affidavit he gave July 23 to an attorney representing Lotter in a federal court appeal.

“ The testimony I gave regarding the person who fired the gun was false,” the affidavit says. “I am the person who shot and stabbed Teena Brandon. I am the person who shot Phillip DeVine. I am the person who shot Lisa Lambert.

“I was in possession of the gun and fired all of the bullets that inflicted the gunshot wounds to those individuals.”

The affidavit is the primary exhibit in a motion asking for a new trial for Lotter. Lincoln attorney Paula Hutchinson filed the motion late Wednesday in Richardson County District Court in Falls City.

“The case against John Lotter came from the lips of Tom Nissen. Now Nissen says everything he said at trial was a lie,” Hutchinson said.

The motion seeks a new trial or resentencing for Lotter,  or “an order vacating and setting aside his conviction and sentence and granting him absolute discharge.”

Brandon’s mother, JoAnn Brandon, was not happy to hear the news and said she hopes Lotter will not walk free as a result.

“I think it’s really sad,” she said Wednesday evening. “I don’t understand what Nissen is getting out of it.”

In a recent interview, Nissen described the affidavit as “true and correct.” But the 35-year-old former Falls City man also said Lotter helped plan the killings and was at the rented farmhouse when they occurred.

Under the law, a person complicit in murder can be held just as responsible as the person who takes a life.

Nissen, who is serving three life sentences at the Lincoln Correctional Center, said his belief that the death penalty is unfair motivated his decision to recant.

“There’s somebody sitting on death row who doesn’t deserve to be there,” he said.

Many people believe Nissen’s testimony May 17, 1995, essentially put Lotter there. At the time, Nissen had been convicted of murder but was awaiting sentencing. He agreed to testify against Lotter, and prosecutors agreed not to seek the death penalty against Nissen.

On the stand, Nissen admitted he stabbed Brandon but said Lotter had fired all of the shots from a stolen .380-caliber pistol.

But suspicion has long existed that Nissen perjured himself.

Over the years, three jailhouse snitches who shared cells with Nissen have claimed he admitted to a more prominent role in the killings.   In a 2003 Journal Star interview, Nissen gave a coy response when asked if he pulled the trigger, saying “maybe some day I might tell exactly what happened. … ”

During negotiations to obtain Nissen’s testimony, prosectors wanted their star witness to take a lie detector test before taking the stand. Nissen refused, and prosecutors eventually dropped the request.

James Elworth, now assistant director of the NCAA’s Committees on Infractions in Indianapolis, was an assistant attorney general in the early 1990s and lead prosecutor in both cases. When contacted Wednesday, Elworth would only say he had no concern about the truthfulness of Nissen’s 1995 testimony.

It remains to be seen what effect, if any, Nissen’s new version of events will have on Lotter’s case.

In the past, when Lotter appealed his conviction based upon the likelihood Nissen lied, judges dismissed the snitch statements as nothing more than hearsay. Nebraska Supreme Court judges  even considered the possibility Nissen was the gunman when they rejected one of Lotter’s appeals in 2002.

“Lotter is a major participant in the case in either version,” Judge Kenneth Stephan said.

Now, Richardson County District Judge Daniel Bryan must consider whether to grant Lotter a new trial based upon Nissen’s own words. A hearing to submit legal briefs and documentation should take place next month.

Richardson County Attorney Doug Merz was not available for comment Wednesday.

As for why Nissen decided to change his story, he initially said he didn’t know, then he said, “I guess it just took me that long to come to terms with what I had done and who I am.”

Some might dismiss the latest account of the killings as another lie.

Nissen said he can’t control what others think, but he believes he has nothing to lose. He can’t be tried for the same crime twice, he said, nor does he think prosecutors will find a legal avenue to have him resentenced. He agreed he could be charged with perjury, but such a conviction won’t add to a prison term that’s already for life.

Josephine Potuto, law professor at the University of Nebraska-Lincoln, said that, hypothetically, prosecutors can take action against witnesses who recant their testimony. Often it depends upon terms of the  agreement between prosecutors and witnesses and whether a conviction has been jeopardized.

Nissen, who does not have an attorney representing him, also said he has nothing to gain by telling the truth now. Lotter did not ask him to recant, he said, adding that the men have had no conversations or correspondence since shortly after their arrests on that long-ago New Year’s Eve.

Back then, the two were young ex-cons with a zeal for hard drinking in Falls City, a Southeast Nebraska community of 4,700.

In November 1993, Brandon, who had recently moved to Richardson County from Lincoln, fell into their circle of friends, dating a woman they both knew.

Lotter and Nissen befriended Brandon, but their friendship abruptly ended when they learned about Brandon’s biological gender. Angry over being duped, Nissen said, they assaulted, kidnapped and raped the 21-year-old Lincoln woman in the early morning hours of Christmas Day.

The men soon learned Brandon had reported the rapes. According to Nissen’s testimony, they killed Brandon to derail the rape investigation, and they killed Lambert and DeVine to eliminate witnesses to the murder.

Lotter testified at his own trial, calling Nissen a liar and denying any involvement in planning or committing the murders.

Since then, despite losing multiple appeals, he has maintained his innocence. What Nissen called  rape Lotter has called consensual sex, albeit a failed attempt because he was too intoxicated to perform.

If not for Nissen’s testimony, Lotter believes he would be a free man.

Even the three judges who sentenced Lotter to death in 1996 said Nissen’s testimony clinched the conviction.

“It appears to this panel that without Marvin Nissen’s testimony the case against John Lotter was largely circumstantial and that there were some significant weaknesses in the evidence against Lotter,” the judges wrote in their sentencing order.

In fact, investigators found no fingerprints, footprints or tire tracks to link Lotter to the crime scene. A hair found on Brandon’s wrist wasn’t his. The only living witness besides the killer was Lambert’s 8-month-old son.

But witnesses saw Lotter in the home from which the murder weapon was stolen hours before the killings. And the knife used to stab Brandon had the name “Lotter” on the sheath.

Perhaps most damaging was the testimony that challenged Lotter’s alibi — that he was sleeping with his girlfriend at Nissen’s rented house in Falls City. Prosecutors said the shootings occurred between midnight and 3 a.m. Rhonda McKenzie, Lotter’s girlfriend, told jurors he got home at about 3:30 a.m. but told her to say he returned earlier if questioned by police.

Attorney Hutchinson said the case still hinged on Nissen’s testimony, and her client deserves a new trial.

As for Lotter’s reaction to Nissen’s affidavit, Hutchinson said “Mr. Lotter is relieved that he finally did tell the truth.”

Reach Joe Duggan at 473-7239 or jduggan@journalstar.com.


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Michael L wrote on September 20, 2007 3:32 am:
" In any case they both were there....both should fry as far as I am concerned. Anyone that takes anothers life should get the same. Neither of these guys will ever amount to anything, why waste tax money to house them the rest of their life? They aren't worth it. "

THE wrote on September 20, 2007 6:23 am:
" famiies of the victums have to relive this whole episode again. When an accused gets a negotiated plea bargain for his testimony, what should you expect? He gave the testimony that would give himself the best deal. Self preservation is a powerful instinct and I would lie in the same circumstance. So would every one else. Maybe this drunk stole the gun to sell to his drunken "friend" along with his knife? Alcohol is a terrible master. "

Shocked! wrote on September 20, 2007 7:22 am:
" This is a crazy story! Thats all I have to say. "

too bad wrote on September 20, 2007 7:32 am:
" Too bad for you Lotter. You were at the scene and did nothing to stop the violence. You are as guilty as Nissen. You deserve to spend the rest of your life behind bars for your actions. Time to take responsibility for your actions or inactions in this case. You Lotter are just as cold hearted and cruel as Nissen. "

madtaz wrote on September 20, 2007 7:53 am:
" Anyone who listened to the investigators realized that this was closer to the truth. Elworth , in the tradition of the attorney general's office, was so eager for a conviction he just rode Nissen's testimony and whipped it past the jurors for a conviction of Lotter. He is guilty too but no more so than Nissen. "

So.. wrote on September 20, 2007 8:16 am:
" Nissen shot and stabbed, and the other two guys just watched? I think his first "true and correct" statement is more true and correct. No matter though, one mans regret for another man's capital sentence doesn't deserve any further inquiry. "

Taxpayers wrote on September 20, 2007 8:19 am:
" Law says, you were there, you are complicit. Give them both life without parole and be done with it. They have both been found guilty of the crime through evidence. Doesn't matter who shot who really, if you give them equal penal treatment. Let's try to waste as little tax payer money on this as possible and negotiatie this deal instead of a new trial. The circumstantial evidence in this case is not as weak as this article makes it out to be. And both were part of an awful crime against 3 people regardless of their orientation and ways of life. "

trial eyes wrote on September 20, 2007 8:42 am:
" It's always about whats best for Marvin Nissen, not anyone else and so it continues . He is making himself feel better but Lotter deserves life in prison like Marvin and now, finally they will fade from the media. This is what is wrong with the death penalty,it is unfairly applied and provides welfare for lawyers. "

SE Lincoln wrote on September 20, 2007 8:56 am:
" Suspicion has long existed that Nissen perjured himself?! Yet someone else receives the death penalty for these crimes. I hope this wakes Nebraskans up to the fact that the death penalty has to be abolished. Life without parole-at least that way it is over and done with and we don't have to see their pictures in the paper over and over with every appeal. "

Why? wrote on September 20, 2007 9:28 am:
" What is the point of all of this. Both are convicted and in prison. I think they BOTH should be on death row, but Nissen had to strike a deal to save his own skinny little butt. I think he's full of it, otherwise it wouldn't have taken him 14 1/2 years to confess. "

... wrote on September 20, 2007 9:31 am:
" or waste the taxpayers money on appeals for these and a lot of other felons!! "

Simple solution wrote on September 20, 2007 9:49 am:
" This is ALWAYS the problem when the prosecution decides to base their case on the testimony of a sociopath. Nissen clearly raped Teena Brandon and then was clearly the driving force to prevent her from testifying about the rape. If Lotter was involved in the attempt to break into Lisa Lamberts house and threaten Teena Brandon, then he is guilty of felony murder. However, he shouldn't be executed these murder, if committed by Nissen. Life without parole - Works for me. "

Agreed, but wrote on September 20, 2007 10:00 am:
" I agree that just because Lotter didn't pull the trigger doesn't make him any less culpable, BUT these two didn't get the same sentence. Lotter got the death penalty based on lies and the liar got life. I'm not condoning what either of them did, but if, as the judges state, Lotter's conviction was due mostly to Nissen's testimony--false testimony it seems--then Lotter should be given a new trial. He will most likely be found guilty again, but like it or not, that is what SHOULD happen. As for what "THE" said about self-preservation and that EVERY ONE would lie on the stand to save themselves, um, you are mistaken. Maybe you would do that, but I wouldn't, and I'm sure there are many others who wouldn't. Don't assume your jacked up way of thinking applies to everyone else. "

Amy wrote on September 20, 2007 10:39 am:
" Three innocent lives were taken because these guys did not like how one of them lived their life. Big deal should have left Tina Brandon alone to begin with. She just wanted to be excepted. Not only did they end these peoples lives but there families are still suffering. They both deserve the death penalty. "

RememberingLisa wrote on September 20, 2007 11:17 am:
" They both broke into Lisa's house. They are both guilty of killing 3 people who didn't deserve to die.They should both sit in a cell for the rest of their lives.It's just so sad that they have to dredge this up and open up the scars and wounds of family and friends who loved Lisa, as well as Teena Brandon & Philip DeVinne. Lisa's friends and family have worked hard to remember Lisa, not the way she died, but these criminals just can't drop it and accept their fate. They did the crime-they should spend the rest of their lives doing the time. "

Janice Lewis wrote on September 20, 2007 12:56 pm:
" I truly believe this is just another lie. A way to get his buddy off of death row. "

Terry N wrote on September 20, 2007 1:03 pm:
" Both were in on it, both should pay with their lives. Eye for an Eye. That's the way it should end up, three people died, and two are still alive and making headlines. Shamefull!! "

sss21 wrote on September 20, 2007 1:43 pm:
" This is what bothers me about allowing one defendant to testify against the other. You end up with different sentences when they were both present (which makes them both guilty, regardless of who pulled the trigger). They both should be sentenced to the same thing EVERY TIME. Then you wouldn't have to worry about one lying to save himself/herself. A life sentence for one should mean a life sentence for the other. The state should fix this problem soon. If they don't have enough evidence without a co-defendant's testimony, then don't charge them until they find something solid, which I admit may be more time consuming, but much more reliable. "

NoDeathPenalty wrote on September 20, 2007 2:27 pm:
" Just another example of why the death penalty should be repealed in favor of life in prison without the possibility of parole (which is less costly to the state than putting someone to death). In their zealousness to get a death penalty conviction, prosecutors made a deal with Nissen. Nissen got life - Lotter got the death penalty. Why not just end it all and secure the two of them behind bars for the rest of their lives (which would put an end to their rights to appeal and keep society safe from them). "

ridiculous wrote on September 20, 2007 3:07 pm:
" What did Nissan get bored in jail and have to occupy his time...this is ridiculous. neither one deserve another trial...like someone else said...FRY THEM BOTH! "

SE NE resident wrote on September 20, 2007 3:26 pm:
" I agree with Terry N. They were both there, they are both guilty. An eye for an eye. Besides that, between the Nissen/Lotter trials and the Michael Ryan trials, I really don't think Richardson County can afford another costly trial. Judge Daniel Bryan is a no-nonsense judge, so hopefully he'll say no way to these two animals. "

Sad wrote on September 20, 2007 4:03 pm:
" I have to tell you I have met Tina Brandon on a few ocassions through a friend and what a nice person she was although she presented herself as a man. That does not matter she was a person who was confused to who she was. I remember this story from '93 and how shocked I was, watching Boys Dont Cry was even a bigger shocker. What these two men did to her was so unthinkable. I feel that instead of wasting the tax payers money leave him where his butt needs to be. What is he even thinking. Did tina's family or the other victims get any say to what happened to there loved ones. This is so ridiculous if you ask me. Does not matter if you are a man or a woman you are still a human being and this hate crime should of never happened. Does not matter if alcohol or drugs played a factor they murdered these innocent people. Tina was a caring person with a big heart. Even though I had only met her a few times she always had a smile on her face. Make LOTTER SERVE HIS TIME, NO FREEDOM FOR HIM!!!!!! May the family not be dragged through this nightmare anymore, Thoughts and prayers are with the victims families. "

Californian for Nebraska wrote on September 20, 2007 4:17 pm:
" Why are these LOSERS getting the spot light AGAIN? I agree, eye for an eye! This just angers me that these innocent people had to die, one being a very good friend of mine and that poor baby Tanner doesn't have his mommy anymore. Does it really have to be questioned what should happen to these guys? They have both admitted that this was a mutual decision by turning all of their lies around!These are pathedic, sorry excuses for human beings. I don't think anybody should waste another tax paying dollar to put another meal in these useless animals mouths! True! True! True! Is 100% of what the people that knew these victims would say and then some. "

So proud... wrote on September 20, 2007 4:25 pm:
" After reading this story, I braced myself for the homophobic and/or transphobic comments I expected to be posted below. How proud I am of our community for the absence of such rhetoric! "

Ja'le Youngblood wrote on September 20, 2007 4:28 pm:
" As they are both in jail where they belong, taxpayers and families and friends have all done their part to get past it, so why go through all this as they both are guilty. Nissen is a 'headliner' for us as the news says's it's news, but it's trash. Let em' rot, and my friend Tammy-Teena's sister has had enough, let it go. They did what they did, and now they have to make ammends for it. Love you Reanna, Teena, and Tammy- "

Victoria wrote on September 20, 2007 4:33 pm:
" As a leader in the LGBT community I would suggest that the Journal Star correctly refer to Brandon by his right name please. He was transgendered. Get it. He didn't use the name Teena but Brandon as his first name. Nebraksans need to learn to use the correct names of our transgender community correctly. Enough is enough already. "

Equal wrote on September 20, 2007 5:00 pm:
" They were both involved in the crimes of murder. Even if one murderer did not do the killing, the other one supplied the means to the end. Both guilty, both found guilty by a jury of their peers, as guaranteed in the constitution. Both stay on death row and pay the ultimate price for their crimes. "

Californian for Nebraska wrote on September 20, 2007 5:07 pm:
" Message to Victoria...I appreciate your devotion and leadership in the lesbian and gay community. Since I do have alot of friends and family in the gay community too. However, Teena's leagal name is Teena NOT Brandon and that was just a name that Teena went by for a short amount of time my friend Teena/Brandon/Billy(as it was when I dated him) went by many other names. So in reality the Journal star has to go by the legal name. I also think it is only respectful to Teena's family that you leave comments as those to yourself (you don't know the first of it). If you really want to help why don't you make a comment of your opinion on the story that was actually posted today. No harsh feeling just stating my opinion. "

I agree wrote on September 20, 2007 5:30 pm:
" Legally, HER name was Teena R. Brandon. She was a SHE, whether or not she wanted to be, this is a cold hard fact. The journal star did not disrespect her in any way by calling her by her legal name. Her family knew her as Teena, and it's only fair to Teena, i.e. Brandon, that you respect her family in her passing. "

Did it occur wrote on September 20, 2007 5:45 pm:
" to anyone that Nissen doesn't have anything to lose by recanting? What are they going to do, resentence him for saying he did it? No, but he gets all this attention and his buddy gets off death row. It's a win/win for Nissen. I'm tired of feeding the scumbag with my tax money, and I certainly don't want to feed the other one too. I'd rather pay for the electricity to burn him. "

SE Lincoln wrote on September 20, 2007 6:13 pm:
" If it is saving tax money you are after, life without parole has proven to be cheaper than a death sentence, which results in decades of housing the inmate coupled with the added expense of endless legal proceedings. "

BigLizard says: wrote on September 20, 2007 6:41 pm:
" Actually, Nissen's affidavit and statements to the reporter Joe Duggan put Lotter in the same boat as before. Even IF a judge believes Nissen's claim that Nissen did the shooting, Lotter is just as culpapble as before and his death sentence is still valid. Him not doing the shooting doesn't get him off death row. The sentencing judges in Nissen's trial said he deserved the death penalty, but "earned" his way off death row by cooperating with the prosecution. Lotter's actions is planning, hunting, stealing the gun and helping keep the victims corralled until they were shot puts him on death row under Nebraska law regardless of whether he did the shooting. The prosecution didn't intend to use Nissen against Lotter until the very morning the trial started. There was evidence against Lotter absent Nissen's testimony and it wasn't necessary to prove which one of them actually did the shooting. "

Amy wrote on September 20, 2007 6:59 pm:
" It bothers me greatly that throught out this entire article he is refered to as Teena Brandon. He used Brandon Teena and it's disrepectful for everyone here, including the paper, to not use that name. "

Stop already wrote on September 20, 2007 7:37 pm:
" As someone who knew Teena and the Brandon family for most of my life I can say that this news is hard enough to deal with as it is without the whole "what name to use" argument. I loved Teena, I loved Brandon, and frankly I don't care which name you choose to use as long as you are respectful. It is easy to say it is disrespectful when you weren't the one who knew the person as "Teena" for most of your life. I understand people are trying to defend a belief and a memory. I think we should be past this whole debate and focus on what is at hand, a possible disaster. I've already sat through 2 trials and that was hard enough (and by the way Elworth did what he could and was wonderful to the victims families, there are no harsh feelings where he is concerned). It is really easy to look at this in retrospect but the picture is much different when you have lived the entire story from beginning to end. Let's please leave the mudslinging out of this and for once have ALL of us come together for Teena and for Brandon. "

No Surprise- Let him continue to rot! wrote on September 20, 2007 9:48 pm:
" Nissen and Lotter are both one step below the lowest form of life. Doesn't matter who pulled the trigger because they were both present, both planned it, and both participated. The only thing that is wrong is that Nissen isn't on death row too and their appeals aren't limited to none! Note to the Tom and John- when you took the lives of those people you lost all respect from society- you are an outcast and your life will not change for the better because of what you now admitted. "

pc wrote on September 20, 2007 10:46 pm:
" as a man who was once where nissen is now. i can say that he is not remorseful and was a punk in the yard he lives in protective custody. they both did the wrong as i did and i did my time so they as well should do there time. my blessing to the families involved "

Ryan Andrew wrote on September 20, 2007 11:21 pm:
" As a leader in the Transgender community, I'd like to remind everyone that if it weren't for the Falls City newspaper printing the information that their "friend" Brandon, was legally Teena Brandon upon reading the citation, Lotter and Nissen would have not found out about Brandon being transgender and thus this murder would have never happened. It's for these reasons it's important to respect the chosen names, and preferred pronouns of the transgender community. Unfortunately, this is not an isolated event- thousands of others have shared the same fate as Brandon Teena on that tragic December night due to their gender identity and expression. Personally, knowing Lotter would walk free in my hometown of Lincoln would be a terrifiying thought that would force myself and others in not only the LGBT community, but members of the Lincoln community and the Nebraska community as a whole to feel unsafe in knowing that our legal system is not protecting us. "

Falls City wrote on September 21, 2007 9:10 am:
" The girl that dated Teena in Falls City is my husband's neice... What these men did to Teena is UNTHINKABLE, they ended her life, their's should also be ended. Eye for an Eye.... Doesn't matter who pulled the trigger, the other didn't stop it..... As far as John being "mentally" unable to die under the Mental Retardation laws... that's RIDICULOUS... He was mentally stable enough to know that when the cops talked to him about the rape, that he made the decision to "kill" her..... "

slp wrote on September 21, 2007 9:36 am:
" Pay attention, people! The main issue here is not whether both men participated. The issue is over one being convicted with possibly false testimony from the other one. If the jury took into account any of Nissen's testimony to convict Lotter, then his conviction should be thrown out, and he should be granted a new trial. It's what we call constitutional rights. "

SRO wrote on September 21, 2007 10:10 am:
" Rest in peace, Brandon, Lisa and Phillip... "

Best wrote on September 21, 2007 10:30 am:
" Best for all would have been the death penalty for both and having both of them fried already. Then we wouldn't be reading about this mess and lawyer feeding frenzy for two who don't deserve to be living. "

Mrs. Wendy Wartes wrote on September 21, 2007 10:30 am:
" Transgendered people deserve the respect in life or death to be referred to by the name they feel is who they are. It angered me that you chose to call Brandon by a different name in this story. I'm sure there will be follow-up stories to this one. Please correct this factual error. It makes no difference whether a person has the means to begin medical transition. They are who they are. "

Actually wrote on September 21, 2007 12:53 pm:
" too all of you people still going back and forth on the name issue, LJS simply quoted what Nissen said, no more, no less. They can't quote something he didn't say, otherwise I can't imagine where you would all go with that. They go on to use both names, which is only correct since she went by both names, that is just a fact-leave it alone already. I didn't know any of these people, but my heart goes out to all of the family involved since you are now being drug back into this all over again. Try to stay strong. "

Megan J. wrote on September 24, 2007 1:47 pm:
" More money (up to 2-5 times more) is actually spent carrying out a death penalty sentence than serving a full life sentence--a FACT. Furthermore, government-issued murder and violence to avenge the horrific murder of Teena Brandon does NOTHING to end violence. Could it be possible that instead of focusing on the revenge that we instead focus on the utter crime that happened because Teena was trans-gendered?? Perpetuating these cycles of violence is doing nothing about stopping the violence against this community. Education, acceptance, tolerance, and non-violence would. "

Megan J. wrote on September 24, 2007 1:59 pm:
" More money (up to 2-5 times more) is actually spent carrying out a death penalty sentence than serving a full life sentence--a FACT. Furthermore, government-issued murder and violence to avenge the horrific murder of Teena Brandon does NOTHING to end violence. Could it be possible that instead of focusing on the revenge that we instead focus on the utter crime that happened because Brandon was trans-gendered?? Perpetuating these cycles of violence is doing nothing about stopping the violence against this community. Education, acceptance, tolerance, and non-violence would. An eye for an eye actually makes the whole world blind.... "

Falls City Native wrote on October 5, 2007 11:35 pm:
" I think that all of this should just be left alone, let them do there time and leave the familes alone they have suffered enough, and so has the town of Falls City, I am from there, born and raised and proud of it, but everytime something gets brought up with this, it just refreshes everyones mind, of how people portrayed Falls City and that is not the way that town is. It is a nice community with great people and schools, ect. Let those innocent people rest in peace. "

Ja'le wrote on October 30, 2007 2:29 am:
" Man, online everyone wants to be heard...we hear ya' clickin' big typers. You tell em'...we're all experts here, or want to be eh? Rest In Peace to the loved ones now deceased. Much love to anyone who loved these folks. "

Dei wrote on March 12, 2008 8:17 am:
" I hate Tom and Lotter, for Tina, her mother, and girlfriend.This was an act of pure hate and I hope he grows so old, crazy, and lonely that he hates hiself! Brandon just tried to be who he thought he was inside all along. My heart goes out to Brandon Teena aka Tina Brandon, her mom, girlfriend, and friends! I love you Brandon and I hope you rest in peace!
Sincerly,
Dei "

GONZO wrote on December 27, 2008 11:52 am:
" If some one kills another, then that person should also die, no appeals, no more trials, just death. Eye for an eye! No more life in prison. If you murder someone, then the murderer should be put to death right after the trial, no jail time! I don't care if another person was there and watched or partisipated in some way, He is just as guilty, he did nothing to try and stop the crime, he should be put to death as well. Then we would not have to keep feeding criminals and giving them a place to sleep. Back in the old days if you stole, they cut off your hand, If you murder some one, then you should be put in front of a firing squad! "

A sad story wrote on February 21, 2009 5:08 pm:
" This story is a tragedy. There is several people in my opinion that have not been accountable in this story. Why didn't the mother of Lana try to send warning to the victims or try to prevent a murder from happening by notifying the police. That woman needed to have some kind of charges brought against her. Instead she told those two where the intended victims could be found. I think that John Lotter and Nissen are both cold blooded rapists and murderers. Both of them should have been given the death sentence. "