Death row inmate claims Satanism evidence at sentencing violated First Amendment

(CN) —  A death row inmate asked a Fifth Circuit panel Tuesday to overturn his death sentence, arguing the prosecution violated his First Amendment rights by introducing evidence of his belief in Satanism in his resentencing trial.

Defense attorney Todd Scher told the panel that the Church of Satan is a “nonviolent” religion whose members view Satan as a symbolic figure, not a literal entity. He argued his client, Irving Alvin Davis, had his constitutional rights violated when the state used his belief in the teachings of the Church of Satan as evidence of future dangerousness to support the imposition of the death penalty. Scher argued the state’s use of evidence regarding Davis’ religious beliefs “peddles in rank stereotype” and amounts to “using somebody’s religion against them in a way that violates the First Amendment.”

In 2002, an El Paso, Texas, jury convicted Davis of murder in the course of aggravated sexual assault of a 15-year-old girl and sentenced him to death.

After Davis’ sentence was overturned on appeal, the state presented evidence at his resentencing trial that, after his conviction, Davis had converted from Buddhism to Satanism. The prosecution argued that was evidence Davis posed a future danger to society, a finding needed for a defendant to receive the death penalty in Texas.

An expert witness for the state testified The Satanic Bible permits human sacrifice “to dispose of a totally obnoxious and deserving individual,” but a defense expert testified that passage isn’t meant to be taken literally.

“Nobody would ever suggest, I would certainly hope, that the state would use a Bible in somebody’s cell, or a Quran, or some other religious writing that arguably — not even arguably — has some very violent references, misogynistic references, horrifying references,” Scher told the Fifth Circuit panel.

Although the state’s expert testified that there have been cases of people killing in the name of Satan, Scher told the panel the prosecution did not present any evidence connecting the Church of Satan specifically to violent or illegal activity, which he argued violates U.S. Supreme Court precedent on when the state can introduce evidence of a defendant’s association with a particular group.

But Texas Assistant Attorney General Katherine Abell argued the prosecution had met the requirements for introducing evidence of Davis’ Satanism by using his own writings found in his cell, which she said displayed Davis’ personal understanding of his beliefs.

Abell quoted snippets from Davis’ writing, including that “every Satanist who is doing their true will has the inertia of the dark forces to assist them;” “it’s time to meet the world with daggers and hammers; hammers to that which is broken and daggers to present to anyone who may be a problem with it;” and “if God resides in me, then I will destroy myself and my fellow man and destroy God; the world can die, and I would not blink an eye.”

Abell said Davis’ writings demonstrate his “personal application of the Satanic tenants in a violent manner.”

She also argued there was sufficient evidence outside of Satanism for Davis to have received the death penalty. She pointed to the violent nature of Davis’ crime and the fact he had confessed and asked to receive the death penalty at his resentencing trial.

“The verdict in this case was anchored in Davis’ own words and brutal actions,” Abell said.

However, Scher agued the Satanism evidence was prejudicial to Davis, pointing to the demographic makeup of El Paso, which at the time of Davis’ resentencing trial in 2008 was predominately Catholic.

“This is precisely why we don’t submit the merits or lack of merits of anybody’s particular religion to jurors,” Scher said. “It has no place in the courtroom. This isn’t in a heresy trial. It’s a capital murder trial.”

U.S. Circuit Judge Jerry Smith, a Ronald Reagan appointee, U.S. Circuit Judge James Graves, a Barack Obama appointee, and U.S Circuit Judge Kurt Engelhardt, a Donald Trump appointee, presided on the panel.