Brandon Teena (December 12, 1972 – December 31, 1993) was an American
trans man, a female to male transgender person, who was
raped and
murdered in
Humboldt, Nebraska.
[2][3][4] His life and death were the subject of the
Academy Award-winning 1999 film
Boys Don't Cry, which was based on the
documentary film The Brandon Teena Story.
Teena's violent death, along with the murder of
Matthew Shepard, led to increased lobbying for
hate crime laws in the United States.
[5]
Life
Teena was born
Teena Renae Brandon in
Lincoln, Nebraska,
the younger of two children to Patrick and JoAnn Brandon. His father
died in a car accident eight months before he was born, and he was
raised by his mother.
[6] JoAnn named her second child after their
German shepherd dog, Tina Marie.
[6]
Teena and his older sister Tammy lived with their maternal grandmother
in Lincoln, before they were reclaimed by their mother when Teena was
three years old and Tammy was six years old.
The family resided in the
Pine Acre Mobile Home Park in northeast Lincoln, and JoAnn worked as a
clerk in a women's retail store in Lincoln to support the family. As
young children, Teena and Tammy were sexually abused by their uncle for
several years,
[6][7] and Teena and his mother JoAnn sought counselling for this in 1991.
[8]
JoAnn remarried once from 1975 to 1980, with the marriage having failed due to her husband's alcoholism.
[6] Teena's family described him as being a
tomboy
since early childhood; Teena began identifying as male during
adolescence and dated a female student during this period. His mother
rejected his male identity and continued referring to him as her
daughter. On several occasions Teena claimed to be
intersex though this assertion was later disproved.
[9]
Teena and his sister attended St. Mary's Elementary School and
Pius X High School in Lincoln, where Teena was remembered as being socially awkward.
[6] During his sophomore year, Teena rejected
Christianity after he protested to a priest at Pius X regarding Christian views on
abstinence and
homosexuality.
[6]
He also began rebelling at school by violating the school dress-code
policy to dress more masculine. During the first semester of his senior
year, a U.S. Army recruiter visited the high school, encouraging
students to enlist in the armed forces. Teena enlisted in the
United States Army shortly after his eighteenth birthday, and hoped to serve a
tour of duty in
Operation Desert Shield. However, he failed the written entrance exam by listing his sex as male.
[6]
In December 1990, Teena went to Holiday Skate Park with his friends,
binding his breasts to
pass as a boy. The 18-year-old Teena went on a date with a 13-year old girl. He also met the girl's 14-year-old friend, Heather,
[6]
and began cross-dressing regularly in an attempt to attract teenage
women. In the months nearing his high school graduation, Teena became
unusually outgoing and was remembered by classmates as a "class clown".
[6]
Teena also began skipping school and receiving failing grades, and was
expelled from Pius X High School in June 1991, three days before high
school graduation.
[6]
In the summer of 1991, Teena began his first major relationship, with
Heather. Shortly after, Teena was first employed as a gas station
attendant in an attempt to purchase a trailer home for himself and his
girlfriend. His mother, however, did not approve of the relationship,
and convinced her daughter to follow Teena in order to know if the
relationship was platonic or sexual.
[6]
In January 1992 Teena underwent a
psychiatric evaluation, which concluded that Teena was suffering from a severe "
sexual identity crisis".
[6]
He was later taken to the Lancaster County Crisis Center to ensure that
he was not suicidal. Teena later confessed to his mother that he had
been
raped
by a male relative as a young child. He was released from the center
three days later and began attending therapy sessions with his mother
four times per week, which ended two weeks later.
[6]
In 1993, after some legal trouble, Teena moved to the
Falls City region of
Richardson County, Nebraska,
where he identified solely as a man. He became friends with several
local residents. After moving into the home of Lisa Lambert, Teena began
dating her friend, 19-year-old Lana Tisdel, and began associating with
ex-convicts John L. Lotter (born May 31, 1971) and Marvin Thomas "Tom"
Nissen (born October 22, 1971).
On December 19, 1993, Teena was arrested for
forging checks; Tisdel paid his
bail. Because Teena was in the female section of the jail, Tisdel learned that he was
transgender. When Tisdel later questioned Teena about his
gender, he told her he was a
hermaphrodite pursuing a
sex change operation, and they continued dating.
[9] In a lawsuit regarding the film adaptation
Boys Don't Cry, this was disputed by Tisdel.
[10][11]
Teena's arrest was posted in the local paper under his birth name and
his acquaintances subsequently learned that he was anatomically female.
Sexual assault and murder
During a
Christmas Eve
party, Nissen and Lotter grabbed Teena and forced him to remove his
pants, proving to Tisdel that Teena was anatomically female. Tisdel said
nothing and looked only when they forced her to. Lotter and Nissen
later assaulted Teena, and forced him into a car. They drove to an area
by a meat-packing plant in Richardson County, where they assaulted and
raped him. They then returned to Nissen's home where the two men ordered
Teena to take a shower. Teena escaped from Nissen's bathroom by
climbing out the window, and went to Tisdel's house. He was convinced by
Tisdel to file a police report, though Nissen and Lotter had warned
Teena not to tell the police about the rape or they would "silence him
permanently". Teena also went to the emergency room where a standard
rape kit
was assembled, and later lost. Sheriff Charles B. Laux questioned Teena
about the rape; reportedly, he seemed especially interested in Teena's
transsexuality,
to the point that Teena found his questions rude and unnecessary, and
refused to answer. Nissen and Lotter learned of the report, and they
began to search for Teena. They did not find him, and three days later
the police questioned them. The sheriff declined to have them arrested
due to lack of evidence.
Around 1:00am on December 31, 1993, Nissen and Lotter drove to
Lambert’s house and broke in. They found Lambert in bed and demanded to
know where Teena was. Lambert refused to tell them. Nissen searched and
found Teena under the bed. The men asked Lambert if there was anyone
else in the house, and she replied that Phillip DeVine, who at the time
was dating Tisdel's sister,
[9] was staying with her. They then shot and killed DeVine, Lambert and Teena in front of Lambert's toddler.
[12]
Nissen would later testify in court that he noticed that Teena was
twitching, and asked Lotter for a knife, with which Nissen stabbed him,
to ensure that he was dead.
[13][14] Nissen and Lotter then left, later being arrested and charged with murder.
[12]
Brandon Teena is buried in Lincoln Memorial Cemetery in
Lincoln, Nebraska, his headstone inscribed with his birth name and the epitaph
daughter, sister, & friend.
[1]
Nissen accused Lotter of committing the murders. In exchange for a
reduced sentence, Nissen admitted to being an accessory to the rape and
murder. Nissen testified against Lotter and was sentenced to
life in prison.
Lotter proceeded to deny the veracity of Nissen’s testimony, and his
testimony was discredited. The jury found Lotter guilty of murder and he
received the
death penalty. Lotter and Nissen both
appealed
their convictions, and their cases have gone to review. In September
2007, Nissen recanted his testimony against Lotter. He claimed that he
was the only one to shoot Teena and that Lotter had not committed the
murders.
[15]
In 2009, Lotter's appeal, using Nissen's new testimony to assert a
claim of innocence, was rejected by the Nebraska Supreme Court, which
held that since—even under Nissen's revised testimony—both Lotter and
Nissen were involved in the murder, the specific identity of the shooter
was legally irrelevant.
[16]
In August 2011, a three-judge panel of the
Eighth U.S. Circuit Court of Appeals rejected John Lotter's appeal in a split decision.
[14] In October 2011, the Eighth Circuit rejected Lotter's request for a rehearing by the panel or the full Eighth Circuit
en banc.
[17] Lotter next petitioned the
Supreme Court of the United States for a review of his case. The Supreme Court declined to review Lotter's case, denying his petition for
writ of certiorari on March 19, 2012, and a further petition for rehearing on April 23, 2012,
[18][19] leaving his conviction to stand.
Cultural and legal legacy
Because Teena had neither commenced
hormone replacement therapy nor had
sex reassignment surgery, he has sometimes been identified as a
lesbian by media reporters.
[20] However, some reported that Teena had stated that he planned to have sex reassignment surgery.
[21]
JoAnn Brandon sued Richardson County and Sheriff Laux for failing to
prevent Teena's death, as well as being an indirect cause. She won the
case, and was awarded $80,000. District court judge Orville Coady
reduced the amount by 85 percent based on the responsibility of Nissen
and Lotter, and by one percent for Brandon's alleged contributory
negligence. This led to a remaining judgment of responsibility against Richardson County and Laux of $17,360.97.
[22]
In 2001, the Nebraska Supreme Court reversed the reductions of the
earlier award reinstating the full $80,000 award for "mental suffering",
plus $6,223.20 for funeral costs. In October 2001, the same judge
awarded the plaintiff an additional $12,000: $5,000 for
wrongful death, and $7,000 for the intentional infliction of emotional distress.
[22][23] Laux was also criticized after the murder for his attitude – at one point Laux referred to Teena as "it".
[24]
In 1999, Teena became the subject of a
biopic entitled
Boys Don't Cry, directed by
Kimberly Peirce and starring
Hilary Swank as Teena and
Chloƫ Sevigny as Tisdel. For their performances, Swank won and Sevigny was nominated for an
Academy Award.
Tisdel sued the producers of the film for unauthorized use of her name
and likeness before the film's release. She claimed the film depicted
her as "lazy,
white trash,
and a skanky snake". Tisdel also claimed that the film falsely
portrayed that she continued the relationship with Teena after she
discovered Teena was not anatomically male. She eventually
settled her lawsuit against the movie's distributor for an undisclosed sum.
[10][11]
JoAnn Brandon publicly objected to the media referring to her child
as "he" and "Brandon". Following Hilary Swank's Oscar acceptance speech,
JoAnn Brandon took offense at Swank for thanking "Brandon Teena" - the
name Teena Brandon adopted - and for referring to him as a man. "That
set me off," said JoAnn Brandon. "She should not stand up there and
thank my child. I get tired of people taking credit for what they don't
know."
[25]
The
British duo
Pet Shop Boys released a song called "Girls Don't Cry" (a bonus track on U.K. issue of
I'm with Stupid) about Teena in 2006.
Teena's violent death, along with the murder of
Matthew Shepard, led to increased lobbying for
hate crime laws in the United States.
[5]
Taken from and references available on: http://en.wikipedia.org/wiki/Brandon_Teena [31.12.2013]