Criminal Justice
Inmate says his belief in satanism was improperly used by prosecutors to obtain death sentence
A Texas man said prosecutors should not have used his belief in satanism to support sentencing him to death. (Image from Shutterstock)
A Texas man sentenced to death for the murder and sexual assault of a teenage girl is seeking to overturn his death sentence, arguing that the prosecution violated his First Amendment rights by using evidence of his belief in satanism.
Todd Scher, an attorney for Irving Alvin Davis, told a panel of the 5th U.S. Circuit Court of Appeals at New Orleans that the Church of Satan is a “nonviolent” religion whose members view Satan as a symbolic figure, not a literal entity, Courthouse News Service reports.
Scher argued that 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.
According to Courthouse News Service, Davis was convicted by an El Paso, Texas, jury in 2002 of murder in the course of aggravated sexual assault of a 15-year-old girl and sentenced him to death. The sentence was overturned on appeal. At his resentencing trial, the state presented evidence that after his conviction, Davis converted from Buddhism to satanism. The prosecution argued that this was evidence that Davis posed a future danger to society and should receive the death penalty.
In his appeal to the 5th Circuit, Scher argued that 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.”
See also:
Satan Goes to Court: Lawyers recall bizarre medical malpractice case
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