Date: Sat, 07 Dec 1996 02:07:50 -0500 From: Riki Anne Wilchins Subject: BRANDON TEENA REVISITED MEDIA ADVISORY - FOR IMMEDIATE RELEASE Contact: Tony Baretto-Neto TBHAWK@aol.com Riki Anne Wilchins Riki@pipeline.com BRANDON TEENA REVISITED ======================= Sheriff Elected Commissioner ---------------------------- [Lincoln, NB - December 4, 1996] IN A TURN OF EVENTS both bizarre and sad, the murder of Brandon Teena is once again in the spotlight. The 1st week in November, Sheriff Charles "You can all it `it' as far as I'm concerned" Laux, who refused to protect Brandon following his initial assault and rape complaint, was elected to Richardson Country Commissioner. The vote was a tie, and decided by the toss of a coin. Many in the queer community felt that had Laux followed up on Brandon's original complaint, Brandon and friends Lisa Lambert and Phillip DeVine might still be alive. Seeking a New Trial ------------------- Then, on Monday, December 2 the OMAHA WORLD-HERALD reported that Tom Nissen, sentenced to life testifying against co- defendant John Lotter, is seeking a new trial. The Omaha article continues: "In briefs filed with the Supreme Court in May, Nissen argued that authorities lacked probable cause to arrest him without warrant shortly after the bodies were discovered. [Nissen's' attorney, Peter] Blakeslee said Nissen was arrested for the alleged sexual assault only as a pretext to hold him for the homicides. Blakeslee contended that the officers not only lacked probable cause to detain Nissen but also violated the Fourth Amendment by claiming that the arrest was for sexual assault when in reality it was for the slayings. c Omaha World-Herald The brief went on to cite other "errors" in the prosecution of the case, including the judge's comments during jury selection, failure to suppress testimony by writer Eric Konigsberg ("Death of a Deceiver," published in Playboy Magazine, 1/1995), the decision to allow testimony related to Brandon's rape, a juror's meeting with her spouse during deliberations, and the instructions given the jury. In addition, Nissen claims his confession was involuntary because it came following his being detainment in isolation for 6 hours, and because the police used deception. Said Tony Barreto-Neto, Executive Director of TOPS (Transgender Officers Protect & Serve), one of the original organizers of the '94 Brandon Tenna Murder Trial Vigil, and a Florida Deputy Sherriff, "In my opinion Charles Laux is guilty of Criminal Culpalble Negligence in the Triple Murders. I have examined the Brandon's original signed complaint, and there is no question that this Sheriff had Probable Cause (PC) to make an investigation and take the perpetrators into custody *before* they carried out their threat to kill Brandon. He didn't act just because Brandon - like me - was a transexual man. Continued Barreto-Neto, "One has to wonder if it is strictly coincidence that as Laux gets elected County Commissioner, Nissen is filing for re-trial. TOPS is seeking a way to address the Richardson County Commissioners on this matter." "In any case, everyone seems to be coming out of this okay, except for Brandon." ### (c) 1996 InYourFace An on-line, news-only service for gender activism from GenderPAC. When re-posting, please credit InYourFace. DISCLAIMER: InYourFace is intended as a public service; opinions expressed in press releases do *not* necessarily reflect those of any GenderPAC officials, members or organizations.