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Attorneys: 'Boys Don't Cry' killer has too low of an IQ to be executed

Posted: 2:36 PM, Apr 03, 2018
Updated: 2018-04-04 15:39:11Z

Attorneys for a Nebraska death row inmate whose case inspired the 1999 movie "Boys Don't Cry" say he should be found ineligible for the execution because he has he intellect of a child. 

John Lotter was sentenced to death for his role in the 1993 killings of Teena Brandon, who was a transgender man and went by Brandon, and two witnesses, Lisa Lambert and Phillip DeVine, at a farmhouse in Humboldt, about 75 miles south of Omaha. 

The Lincoln Journal Star reports that Lotter's lawyers filed a motion stating that recent IQ testing shows that Lotter, 46, is intellectually disabled and therefore can't be put to death under a U.S. Supreme Court ruling forbidding execution of the intellectually disabled. 

Nebraska law says an IQ of 70 or below is presumptive evidence of an intellectual disability. Court records show Lotter scored a 67 last year, which would be the equivalent IQ of an 8-year-old. 

The judge will need to grant an evidentiary hearing to consider the issue.