Brandon Teena's Mother Sues Sheriff

L I N C O L N, Neb., Jan. 13 -- A sheriff should have done more to protect a transgender woman who was raped and later murdered, a lawyer for her family told the state's highest court.

In the case that inspired the movie Boys Don't Cry, attorneyHerb Friedman said Friday that former Sheriff Charles Laux was moreconcerned with Teena Brandon's sexuality than with keeping hersafe.

"He knew these people were brutal," Friedman said in stateSupreme Court, comparing his inaction to throwing a puppy to thewolves.

Brandon, 21, posed as a young man and called herself BrandonTeena. She was killed in 1993 by two men who wanted to silence herfor reporting that they raped her after learning her true gender.

The men also killed two other people who witnessed Brandon's death.

Mother Sues Sheriff

Brandon's mother, Joann Brandon, sued Laux for not offeringBrandon protective custody when she reported the rape and the men'sdeath threats.

A county district judge in 1999 found the county partially atfault for the death and ordered the county to pay $17,360.

Brandon's mother had sought more than $350,000 and is appealing thedamage amount.

Friedman said the sheriff showed indifference to the rapeallegation by referring to Brandon as "it" and not immediatelyarresting the men she accused, John Lotter and Marvin Nissen.

According to court records, Laux's interrogation includedquestions like "Do you run around … with a sock in your pants tomake you look like a boy?" and "The girls that don't know aboutyou … do you kiss them?"

Richard Boucher, representing the county, said Laux was tryingto establish Brandon's credibility.

Necessary Questions?

"Sheriff Laux advised Ms. Brandon that … some of thequestions would be rude, but the county attorney would need them ifwe went to trial," Boucher said.

He also said the sheriff was trying to determine if Brandon, whoknew Lotter and Nissen, had agreed to have sex with them. Thatexplanation appeared to anger some of the justices.