[Texas Week] Don't execute me because I'm a Satanist, death row inmate argues
65 replies, posted
[I]Every day this week, I'll be on the hunt for Texas-related news to post, in honor of everyone's favorite Texan FPer, Craptasket.[/I]
[url]http://www.statesman.com/news/local/satanism-wrongly-used-at-trial-death-row-inmate-787009.html[/url]
[release] Irving Davis, convicted of raping and killing a 15-year-old El Paso girl, has asked a Texas appeals court to throw out his death sentence, arguing that jurors should not have been told about his new religion — Satanism.
The revelation, defense lawyers argue, violated Davis' free exercise of religion and improperly prejudiced jurors against the 27-year-old inmate.
Prosecutors counter that allegiance to the Church of Satan was relevant information for jurors, who had to determine whether Davis should be put to death as a continuing threat to society.
Davis' arguments sent two Texas Court of Criminal Appeals judges down rhetorical paths that were more theological than legal — part of a generally chilly reception to the inmate's claims during oral arguments in April.
"I mean, come on, boil it all down, the Church of Satan?" Judge Michael Keasler said. "You've got to be kidding me as to how that's good, because Satan himself, at least as far as Christian doctrine is concerned, is the epitome of what evil is. If somebody chooses to align themselves with something like that, it certainly would seem relevant."
Musing aloud, Judge Lawrence Meyers asked if Satanism should be considered a religion at all, because religions revolve around worshipping a higher power. "Satan's not an almighty being," Meyers said.
But Ruben Morales, Davis' lawyer, argued that introducing Satanism in court was an improper attempt to criminalize beliefs that society finds offensive or disagreeable.
"The state's attempt to place (Davis) in a bad light with the jury was nothing less than a 'witch hunt.' This is precisely the risk that society runs when it attempts to distinguish between good and bad religions," he said in legal briefs.
The court has not yet ruled on Davis' petition, which seeks a new sentencing trial in hopes of converting his death sentence into a life term.
Religious persecution?
Davis' latest appeal arose after the court threw out his first death sentence in 2007 because the trial judge mistakenly allowed only expert witnesses — and not Davis' family and friends — to testify about whether they considered the defendant a continuing danger.
While preparing for the new penalty phase trial, prosecutors learned Davis listed his new religion as Satanism after arriving on death row.
Jurors were shown, over defense objections, Davis' drawings depicting satanic symbols, books removed from his cell that included "The Satanic Bible" and a pentagram tattoo on his chest. Prosecutors also introduced a grievance form that showed Davis complaining about being denied a gong, candles, chalice, black robes, a vial of blood and other items he said were needed to practice his religion.
Prosecutor Lily Stroud said the evidence was meant to show that Davis had chosen to affiliate with an organization that condones and encourages human sacrifice and other illegal acts.
"I don't believe that we put on the evidence, necessarily, to say: 'Well, Satanism is evil, just an evil religion, he's evil, and so you should just put him to death," Stroud said. "The defense had been trying to give implication that while he was on death row he was nothing but a pacifist."
But defense lawyer Morales said jurors, who again sentenced Davis to die, were improperly exposed to information designed to inflame their passions against Davis. The infraction was made worse, he said, because it violated the First Amendment's protection of religious expression.
"The great thing about our country is that we are supposed to have the ability to choose our religion and not be persecuted for it," Morales told the court's nine judges.
"But who's persecuting him?" Keasler asked. "All they're doing is bringing evidence."
"They are bringing evidence that is not viewed in a neutral way," Morales responded.
Meyers joined in by noting that the First Amendment protects the free practice of religion, and "nobody is denying his right to practice."
"How can you say you're protected (in) practicing your religion ," Morales said, "if someone can turn around and say, 'OK, because you practice this religion, we're going to use that as a reason to kill you'?"
Morales also argued that the information was irrelevant because Davis was not a Satanist when Melissa Medina, 15, was killed and never committed a crime or violent act in Satan's name.
Stroud, an El Paso County assistant district attorney, countered that evidence must be relevant to an issue at trial. In this case, jurors had to find that Davis posed a continuing threat to society before they could assess the death penalty — his "character obviously being relevant to that," Stroud said. "All we had to show was he was a member in this particular organization that participated in violent and illegal activities."
Even if the Satanism evidence proves to be inappropriate, Stroud argued, judges should affirm the death sentence because jurors had other reasons to find Davis a future danger, including the brutality of the crime. Davis confessed to killing Medina in 2001 while walking her home from a party, beating her to death before cutting off her fingertips after attempts to sever her hands failed.
Gangs vs. religion
Several judges noted that, based on the principle that religion is a choice reflecting a person's values and principles, lawyers can strike prospective jurors from the panel because of their beliefs.
Likewise, prosecutors may argue that defendants who choose to join a violent gang are dangerous — and affiliating with the Church of Satan is no different, Stroud argued. "This was more about his choice of who to affiliate with as opposed to, you know, the moral, reprehensible, abstract beliefs that he might have," she said.
Morales cautioned against equating religions with gangs.
"People join gangs with the knowledge that gangs commit crimes," he said. "You don't join a religion with the understanding or belief, typically at least, that the religion commits crimes. You join a religion for philosophical things, for the way they think."
According to religion experts, Satanism is practiced by a small group that ranges from deranged loners — who blame or claim satanic influence for their crimes — to members of organized churches or groups . Belief systems vary, even among organized practitioners, but most self-described Satanists tend to be humanists who view Satan as a natural or magical force, while others see Satan as a deity in opposition to the Christian God, experts say.
Presiding Judge Sharon Keller noted that the writings of Church of Satan founder Anton LaVey seem to espouse human sacrifice or murder, such as this advice from the "Eleven Satanic Rules of the Earth": "If someone bothers you, ask him to stop. If he does not stop, destroy him."
"What is unreasonable about assuming someone joins a religious organization because he holds beliefs in common with that religion?" Keller asked.
Morales raised two points. First, he said, the prosecution expert, a community college criminologist, incorrectly applied a literal interpretation to LaVey's writings. The defense expert, the founding director of the Institute for the Study of American Religion, testified that Church of Satan members engage in symbolic rituals, while actual violence and sacrifice of people or animals is prohibited, Morales said.
Second, prosecutors never proved, or even tried to prove, that Davis believed in human sacrifice or any unsavory practices ascribed to Satanism, he said.
Because most people pick and choose which religious tenets to follow, prosecutors should have to prove which beliefs a defendant adheres to before introducing religion into the courtroom, Morales said.
"If his religious preference was Satanism and he did believe in human sacrifice, then could that be used against him?" Keller asked.
"Then you would have a different situation," he said.[/release]
Character assassination much?
He raped and killed a 15 year old, he should shut the fuck up and not say anything
Lol @ thinking satanism (LaVey satanism at least) is the worship of satan. It's just a stupid self-centered philosophy.
EDIT: Now that I read it through, that's pretty fucked up. Yea he's a monster but they kind of poisoned the well there.
[QUOTE=Glitch360;23169790]He raped and killed a 15 year old, he should shut the fuck up and not say anything[/QUOTE]
They said his Satanism meant he was a continuing threat to society. I'd say that's pretty bullshit.
What ever his religion is, he should never get away with what he did.
Execute him and have him meet Ol' Red himself.
He can get to hell faster now.
[quote]"I mean, come on, boil it all down, the Church of Satan?" Judge Michael Keasler said. "You've got to be kidding me as to how that's good, because Satan himself, at least as far as Christian doctrine is concerned, is the epitome of what evil is. If somebody chooses to align themselves with something like that, it certainly would seem relevant."[/quote]
Maybe in order to continue being a good judge you should wise the fuck up instead of running your mouth about things you don't understand.
Certainly if I was in the jury and I found out this guy was a satanist, it would give me more reason to want to put him on death row. So my opinion is that he should at least get a retrial.
i thought satanism was just some angsty way of saying *lolz christianity you sucksorz*
[QUOTE=AutoTurret;23170085]Certainly if I was in the jury and I found out this guy was a satanist, it would give me more reason to want to put him on death row. [/QUOTE]
no
How about we execute you for being a rapist and a murderer?
Fuck el paso is not far from here. I hope the devil does not get me
Are people honestly that fucking retarded? The guy RAPED AND KILLED A TEENAGE GIRL and they are TALKING ABOUT HIS RELIGION. People are so fucking crazy
Since the judge is so woefully misinformed about what the Church of Satan is I actually believe that there should be a mistrial here.
[quote]According to religion experts, Satanism is practiced by a small group that ranges from deranged loners — who blame or claim satanic influence for their crimes — to members of organized churches or groups . Belief systems vary, even among organized practitioners, but most self-described Satanists tend to be humanists who view Satan as a natural or magical force, while others see Satan as a deity in opposition to the Christian God, experts say.[/quote]
"Catholicism is practiced by a large group of pedophiles"
Am I a religion expert now? Seriously, if these people testified at his trial we have a problem.
[QUOTE=AutoTurret;23170085]Certainly if I was in the jury and I found out this guy was a satanist, it would give me more reason to want to put him on death row. So my opinion is that he should at least get a retrial.[/QUOTE]
Why?
Unless it's theistic satanism then there is no worship of the devil it's more a philosophy than anything.
And if it is LaVeyan then he's already broken the code.
He should be punished for raping and killing the girl, not because of his "religion".
He would be punished for both reasons, one of the satanic tenants is that you are never to harm a child.
[QUOTE=UnknownDude;23174593]He should be punished for raping and killing the girl, not because of his "religion".[/QUOTE]
Unfortunately, the display of ignorance in this case has marred the integrity of the whole thing.
And nothing will be done about it because there is no LaVeyan Satanism lobby in government.
[editline]05:22AM[/editline]
[QUOTE=bravehat;23174610]He would be punished for both reasons, one of the satanic tenants is that you are never to harm a child.[/QUOTE]
I didn't realize it was the job of the government to punish someone for not following their religion properly.
Oh, and if you read the article, you'll note that he wasn't a satanist during the crimes.
But you didn't read the article.
[editline]05:24AM[/editline]
[quote]Prosecutors also introduced a grievance form that showed Davis complaining about being denied a gong, candles, chalice, black robes, a vial of blood and other items he said were needed to practice his religion.[/quote]
But yeah, he sucks at Satanism. He doesn't need any of those things.
I meant he would have been shunned by the members of the religion, it's not a governments place to religiously punish.
And if he wasn't a satanist during the crimes his religion shouldn't even be being considered just now.
Sounds like a theistic satanist if anything.
Yeah that's kind of the point of the article - everyone involved in the justice system surrounding this guy seems to be wrong about everything.
As a LaVeyan satanist I would just like to say I would put a bullet in this guys head myself, not because he's insulting my religion, but because he's a fucking moron that raped a 15 year-old.
And I would also love getting that "religious expert" barred from saying anything, ever again.
[editline]12:31PM[/editline]
"Davis complaining about being denied a gong, candles, chalice, black robes, a vial of blood and other items he said were needed to practice his religion."
Wait, wut.
This seemed appropriate to copy paste:
[URL="http://en.wikipedia.org/wiki/Stupidity"]Stupidity[/URL] — The top of the list for Satanic Sins. The Cardinal Sin of Satanism. It’s too bad that stupidity isn’t painful. Ignorance is one thing, but our society thrives increasingly on stupidity. It depends on people going along with whatever they are told. The media promotes a cultivated stupidity as a posture that is not only acceptable but laudable. Satanists must learn to see through the tricks and cannot afford to be stupid.
The first satanic sin, covers both his stupidity and the media.
I too am a LaVeyan Satanist and I just want to say that using this religion as a cover for his action is very weak. Not only did he rape a child, which is against our rule, but he is also trying to wriggle himself out of this situation. He should stand for his action.
What a feeble man.
[QUOTE=Kazumi;23174831]I too am a LaVeyan Satanist and I just want to say that using this religion as a cover for his action is very weak. Not only did he rape a child, which is against our rule, but he is also trying to wriggle himself out of this situation. He should stand for his action.
What a feeble man.[/QUOTE]
He's not trying to wriggle himself out of the situation, he just wants another trial because of the gross negligence that the judge and the "experts" displayed. I think he should be granted another trial, frankly.
[editline]05:46AM[/editline]
By the way Kazumi, the rule in Satanism is to "never harm a child" with seemingly no exceptions. What if a child is pointing a gun at you? Can you defend yourself?
[QUOTE=Zeke129;23174885]He's not trying to wriggle himself out of the situation, he just wants another trial because of the gross negligence that the judge and the "experts" displayed. I think he should be granted another trial, frankly.
[editline]05:46AM[/editline]
By the way Kazumi, the rule in Satanism is to "never harm a child" with seemingly no exceptions. What if a child is pointing a gun at you? Can you defend yourself?[/QUOTE]
The rule is don't piss people off [U]without reason[/U].
Self preservation is one of the most crucial parts of LaVeyan satanism.
[QUOTE=Zeke129;23174885]He's not trying to wriggle himself out of the situation, he just wants another trial because of the gross negligence that the judge and the "experts" displayed. I think he should be granted another trial, frankly.
[editline]05:46AM[/editline]
By the way Kazumi, the rule in Satanism is to "never harm a child" with seemingly no exceptions. What if a child is pointing a gun at you? Can you defend yourself?[/QUOTE]
Oh right. Didn't read the article completely. Then I can sort of agree. The bias of the judge might be too hefty. Especially if you look back at the Satanic Scare back in the 80s.
That works as any self defence rule really. If you're able you should disarm the threat and wait until proper authorities arrive. But if there is no way out, well then you do what you got to do to survive.
The rule itself is more of a counter rule to the one saying that you can sexually please yourself with whatever gets you off. So that people can't say "but in my religion, it is fine to have sex with minors". It is also used to distance the religion from any sexual crime we've been blamed for throughout the years.
It also forbids to discipline your children with force. Like beating them with a belt and such.
[QUOTE=bravehat;23174925]The rule is don't piss people off [U]without reason[/U].
Self preservation is one of the most crucial parts of LaVeyan satanism.[/QUOTE]
From what I've read, it's "Do not harm young children."
Nothing more, nothing less.
Above post clears it up, although I'm still seeing a contradiction here. But I guess that's expected with any religion.
[QUOTE=Zeke129;23175078]From what I've read, it's "Do not harm young children."
Nothing more, nothing less.
Above post clears it up, although I'm still seeing a contradiction here. But I guess that's expected with any religion.[/QUOTE]
Of course. :)
What would a religion be without contradictions?
[QUOTE=Kazumi;23175120]Of course. :)
What would a religion be without contradictions?[/QUOTE]
Logical
I agree with ol' Anton on a lot of things, and it's definitely better than most other religions, but the entire philosophy is too focused on revenge and hedonism to be good for society as a whole.
[QUOTE=Zeke129;23175078]From what I've read, it's "Do not harm young children."
Nothing more, nothing less.
Above post clears it up, although I'm still seeing a contradiction here. But I guess that's expected with any religion.[/QUOTE]
When walking in open territory, bother no one. If someone bothers you, ask them to stop. If they do not stop, destroy them.
I would say someone pointing a gun at you would fall under that.
[editline]01:06PM[/editline]
[QUOTE=Zeke129;23175130]Logical
I agree with ol' Anton on a lot of things, and it's definitely better than most other religions, but the entire philosophy is too focused on revenge and hedonism to be good for society as a whole.[/QUOTE]
Well, almost no one follows religions completely, I would be happy if they just followed these:
Do not give [URL="http://en.wikipedia.org/wiki/Opinions"]opinions[/URL] or [URL="http://en.wikipedia.org/wiki/Advice_%28opinion%29"]advice[/URL] unless you are asked.
Do not tell your troubles to others unless you are sure they want to hear them.
Do not complain about anything to which you need not subject yourself.
Do not harm young [URL="http://en.wikipedia.org/wiki/Children"]children[/URL].
When in another’s home, show them [URL="http://en.wikipedia.org/wiki/Respect"]respect[/URL] or else do not go there.
Do not make sexual advances unless you are given the mating signal.
If folk obeyed the main satanic rules an were wary of the satanic sins life would be pretty damn good.
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