Tom Nissen, an admitted murderer and rapist, can now add another admission to his list: He, not John Lotter, pulled the trigger that killed three people in a Humboldt farmhouse nearly 14 years ago.
Tom Nissen, an admitted murderer and rapist, can now add another admission to his list: He, not John Lotter, pulled the trigger that killed three people in a Humboldt farmhouse nearly 14 years ago.
Nissen now says he lied on the stand during Lotter’s 1995 trial, which played a major role in convicting Lotter and putting him on death row for the past 11 years.
In a signed affidavit obtained by an attorney representing Lotter, Nissen says he’s the one who shot Teena Brandon, Lisa Lambert and Phillip DeVine on Dec. 31, 1993.
Nissen’s cooperation with prosecutors in 1995 also helped him get three life terms instead of a death sentence.
Nissen, 35, is in solitary confinement at the Lincoln Correctional Center for attempting to strike a prison staff member late last year. He spoke recently to the Journal Star about his decision to recant.
LJS: The affidavit doesn’t say if John Lotter was there. What role, if any, are you now saying he had in the killings?
Nissen: “He obtained the firearm and the knife. During the murders, just as I testified, when the gun jammed he repaired the gun — unjammed it, or however you want to put it — and then handed it back to me. He had the gun in his hand several times during the murders, but he didn’t kill anybody.”
LJS: Why are you doing this?
Nissen: “Well, I think the death penalty is used arbitrarily. Obviously it’s unfairly used. There’s somebody sitting on death row now who doesn’t deserve to be.”
LJS: Why now?
Nissen: “I don’t know. I guess it took me that long to come to terms with what I had done and who I am.”
LJS: Has your time in segregation given you time to think about it?
Nissen: “Yes, it definitely gives you time to think.”
LJS: Did Lotter ask you to do this?
Nissen: “No.”
LJS: Have you two communicated about it?
Nissen: “No.”
LJS: Have you had any correspondence?
Nissen: “In the very beginning, when we first got arrested, me and John communicated through letter a couple of times. But over the last 13 years, no communication between me and him or his family has occurred.”
LJS: Do you have an attorney representing you?
Nissen: “No.”
LJS: What, do you believe, can the state do now that you’re admitting you lied at Lotter’s trial?
Nissen: “Basically the only thing the state can do is charge me with perjury. I can’t be retried. They can’t retry me for the same crime twice.”
LJS: Do you think they could try to resentence you? Could you end up on death row?
Nissen: “No.”
LJS: What would you like to say to John Lotter?
Nissen: “Sorry it took so long.”
LJS: What would you like to see happen to him now?
Nissen: “I hope he will receive whatever punishment is just and fair.”
LJS: Do you believe the punishment you received is just and fair?
Nissen: “Yes.”
LJS: Do you think the prosecution had any concerns about the truthfulness of your testimony before they put you on the stand?
Nissen: “I think the special prosecutor (former Assistant Attorney General Jim Elworth) was maybe a little leery. He wasn’t real thrilled with the idea of the county attorney (Doug Merz) coming up with (an agreement with me).”
LJS: Why did you agree to testify against Lotter?
Nissen: “I was scared of the death penalty. I was a little naive. As the years have gone by, I’ve gotten older and matured and seen things a little bit differently.”
LJS: Some people will ask “Why should we believe you now? You’re just lying again.” How do you respond to that?
Nissen: “I’ve given that some thought and I really have no response to that. You either believe me or you don’t. It’s really up to the individual I guess.”
LJS: Will you testify in court that you lied before?
Nissen: “If called, I would do whatever I could to help.”
LJS: This will bring up a lot of bad memories and emotions for the families of the victims. Anything you’d like to say to them?
Nissen: “Yes, I have given that a lot of thought, and I couldn’t be more sorry.”
Posted in Govt-and-politics on Wednesday, September 19, 2007 7:00 pm Updated: 2:32 pm.
© Copyright 2009, JournalStar.com, 926 P Street Lincoln, NE | Terms of Service and Privacy Policy