Death row inmate seeks new trial in 'Boys Don't Cry' murder case

[Omaha Steve]

Source: Omaha World Herald

LINCOLN — Death-row inmate John Lotter asked the Nebraska Supreme Court for a new trial Tuesday based on recanted testimony from his co-defendant in a 1993 triple murder case that drew national attention.

The co-defendant, Marvin "Tom" Nissen, now says he pulled the trigger to kill three people in a Humboldt farmhouse. At trial, Nissen said Lotter killed all three.

Lotter was sentenced to death for the murders of Teena Brandon, 21, of Lincoln; Lisa Lambert, 24, of Humboldt; and Philip DeVine, 22, of Fairfield, Iowa.

The crimes inspired the 1999 movie "Boys Don’t Cry."

Read more: http://www.omaha.com/index.php?u_page=2798&u_sid=10577648

[DebbieCDC]

1. Rule of vicarious liability

Do they have that in Nebraska for capital crimes? If so, then it doesn't matter who pulled the trigger. They acted in concert to commit the crimes.

[Politicalboi]

2. They were both there

It was a hate crime. I say make it a seat for 2 on old sparky. Light em up.

[IndianaGreen]

7. Under Indiana law, they would both get the death penalty

One does not have to be the triggerman in a premeditated murder to get the death penalty.

[jb5150]

3. If he participated in any way it doesn't matter

if he pulled the trigger...

My understanding is that if 3 people rob a bank and someone is killed during the robbery, the one who sat in the getaway car the whole time is still guilty of murder.

[tonysam]

4. The Sheriff Who Let Those SOBs

off after they raped Teena should have also done prison time. If it weren't for him letting those two off the hook, perhaps the three victims would be alive today. A lawsuit wasn't justice in this case.

Crime Library has a lengthy article about this horrible case.

[friendly_iconoclast]

5. The sheriff gets to skate, more's the pity

Thanks to Castle Rock v. Gonzales, among others

http://en.wikipedia.org/wiki/Town_of_Castle_Rock_v._Gonzales

[alcibiades_mystery]

6. That's prime time for jury nullification in my book

I would never convict on this stupid principle, and I don't care if it has been in English common law since the 1600's. It's asinine. I convict people for the crimes they commit. Full stop.

[wickerwoman]

8. But these guys killed all the witnesses

except the two year old daughter of one of the victims. So how do you prove who committed the crime when each one says the other one actually pulled the trigger?

They were both complicit in the rape. They both got guns and went to the house where Brandon was hiding. One or the other (or both of them) killed three people.

I think it's fair to say that both of them are responsible for all three killings since it's impossible to sort out otherwise who is telling the truth.