EXECUTION DATE FOR LOTTER PUZZLES ATTORNEYS
By Kevin O'Hanlon The Associated Press
Saturday, Feb 26, 2000
A prosecutor and a defense attorney were surprised Friday after learning that an execution date had been set without their knowledge for one of two men convicted of killing a cross-dressing woman and two of her friends.
The Nebraska Supreme Court on Thursday set an April 26 execution date for John L. Lotter for the 1993 triple murder, which was the subject of the critically acclaimed 1999 movie "Boy's Don't Cry." "We had not asked that an execution date be set," said Assistant Attorney General J. Kirk Brown.
Brown said he had not asked for an execution date because Lotter has a post-conviction hearing scheduled in May in Richardson County District Court.
Lotter's attorney, Jerry Soucie of Lincoln, said he was surprised the court took the action given that no request was made and that other court action was pending.
"I don't think there will be any problem getting the date lifted," he said. "I don't know why they deviated (from) the normal procedure." The court issued no comment with it's scheduling order.
Lotter and Marvin T. Nissen were convicted of murdering Teena Brandon, 21 who portrayed herself as a man and dated a female friend of the men. The men also killed Lisa Lambert, 24 and Philip Devine, 22, who witnessed Brandon's death in a Humbolt farmhouse.
Prosecutors said Brandon was killed because ahe accused Lotter of Raping her after he learned her true sexual identity.
The killings outraged gay rights activists and gamered national attention.
Lotter recieved three death sentences. Nissen in a deal with prosecutors, testified against Lotter and was sentenced to life in prison.
Lotter is scheduled for a May 2 hearing in Richardson County on motions he recently filed for a new trial and sentence. A key claim raised by Lotter centers on statements allegedly made to a cellmate. According to an affidavit filed in district court, the cellmate, Jeff Haley, said Nissen told him that he--not Lotter--committed the killings.
