“Missing from the district court’s discussion of Almonte’s qualifications is any discussion of how his Santa Muerte testimony could legitimately connect Medina’s prayer to drug trafficking. There is no evidence that Santa Muerte iconography is ‘associational,’ nor was there any allegation that the ‘main purpose’ of Santa Muerte veneration ‘was to traffic in’ narcotics. Cf. id. at 1562, 1563. Almonte testified that there may be ‘millions’ of followers of Santa Muerte, but he proffered no manner of distinguishing individuals who pray to Santa Muerte for illicit purposes from everyone else. His data comes from his work as a narcotics detective and his compilation of ‘several cases from law enforcement officers throughout the United States where these items have been involved in drug trafficking and other criminal activity.’ Mere observation that a correlation exists—especially when the observer is a law enforcement officer likely to encounter a biased sample—does not meaningfully assist the jury in determining guilt or innocence.”
The decision went on to note that describing Santa Muerte as a “tool” of the drug trade was, legally speaking, a bit of a reach on the part of prosecution.
“The government’s inability at every stage of litigation to explain precisely how Santa Muerte can be “used” elucidates the poor fit between our ‘tools of the trade’ jurisprudence and Almonte’s purported area of expertise. It also highlights that further inquiry by the district court would have revealed that Almonte’s testimony would not properly ‘help the trier of fact to understand the evidence or to determine a fact in issue.’”
In short, mere devotion to Santa Muerte is not probable cause, and can’t be used to tie someone to the drug trade. On reading the decision Dr. Andrew Chesnut, a professor of religious studies and author of “Devoted to Death: Santa Muerte, the Skeleton Saint,” tweeted that this was a “big blow” to self-appointed hobbyist experts within law enforcement.
Santa Muerte court ruling is big blow to law enforcement self-appointed “experts” who testify in drug cases on regular basis
So what does this ruling mean? It means that the two accused in this case will get a new trial, one that will leave out testimony regarding Santa Muerte, and it is also a huge blow against the liberal use of self-made occult and “cult” experts in criminal trials. This is very good news for anyone who practices a misunderstood minority religion in the United States. It is easy to scare a jury with tales of strange belief systems, when the focus should be on presentation of material evidence in a particular case.
There are lots of articles and essays of interest to modern Pagans out there, sometimes more than I can write about in-depth in any given week. So The Wild Hunt must unleash the hounds in order to round them all up.
(Credit: Wikimedia/DarkGeometryStudios via Shutterstock/Salon)
Let’s start off with Salon.com’s follow-up to the outing of rogue Wikipedia editor “Qworty,” which focuses on his strange vendetta against Pagan, esoteric, and occult pages. In the piece Andrew Leonard links to my run-down of the story, and manages to dig up some new information as well. Quote: “Every page deleted or altered by Young on grounds of self-promotion or conflict-of-interest clearly deserves a second look. And that great effort is already well under way. The Neo-Pagans are clamoring for the return of some of their deleted pages and scouring those that survived the purge to see which of Young’s cuts will be reverted. But Young didn’t confine himself to questions of notability or conflict-of-interest when tangling with the Pagans; he also challenged the basic tenets of Pagan spirituality. Wikipedia, he argued, should be debunking such things as Wiccan rituals or the exploration of drug-induced conciousness-raising, rather than reporting them.” This experience has left some Pagan Wikipedia editors disillusioned, to put it lightly. It will be interesting to see how things progress from this point.
The branding of children as “witches” by pastors in places like the Democratic Republic of the Congo continues. The BBC has a new documentary where a British citizen who was born in the DRC finds out her cousin has been accused of witchcraft and races to find her. Quote: “Journeying from her home in London to her birthplace in the Democratic Republic of Congo, Kevani tries to discover how ancient traditions have been hijacked in the name of Jesus, why families are singling out vulnerable children and hurting them and why toddlers are having to endure excruciating rituals in order to ‘rid them of demons’.” It should be noted that branding children as witches is illegal in the Congo now, but the pastors seem unconcerned.
Christianity in Britain could be declining faster than originally thought according to a new analysis of the 2011 UK census data. Quote: “A new analysis of the 2011 census shows that a decade of mass immigration helped mask the scale of decline in Christian affiliation among the British-born population – while driving a dramatic increase in Islam, particularly among the young. It suggests that only a minority of people will describe themselves as Christians within the next decade, for first time.” We may see a truly post-Christian Britain in our lifetimes. That new analysis is from the UK’s Office for National Statistics, by the way.
John Macintyre, former president of the Scottish Pagan Federation, is interviewed by Patheos.com about the importance of Pagan involvement in interfaith. Quote: “Interfaith is not a threat, it doesn’t aim to change what Paganism is, still less to merge it into some kind of ‘one size fits all’ universal religion. It allows us to educate other faith groups and the wider society about the reality of modern Paganism, to challenge prejudice and negative stereotyping close to its sources, and to make a positive contribution as one of the many faith communities that make up our society.”
Dr. R. Andrew Chesnut, author of “Devoted to Death: Santa Muerte, the Skeleton Saint,” writes about the Vatican’s ongoing battle with the cult of Santa Muerte. Quote: “In addition to theological objections, the current religious economy of Mexico and Latin America provides a compelling explanation not only for the condemnation of narco-saints but also for other dynamic religious competitors. For the past three decades both national bishops’ conferences and the Vatican have inveighed against the “invasion of the sects” in Latin America. Of course, Pentecostals, the most vibrant of the Church’s competitors, have been the primary object of condemnation, but Mormons, Jehovah’s Witnesses, New Age groups and Spiritists have also been singled out.”
When talking about legal protections, “who’s a journalist” is the wrong question. Quote: “When considering whether to grant legal protection for the gathering and dissemination of information, the question should not be the person performing those acts, i.e., “who is a journalist?,” but “is this an act of journalism?” Before the user-generated content revolution, focusing on journalists (i.e., people defined by their institutional affiliations) served as a functional if rough approximation of the true interests at stake (i.e., debate on issues of public concern). That is no longer the case.” This issue is an important one for all us Pagan media types who are not affiliated with a recognized institution.
Paul Louis Metzger argues that sometimes Christians create the “idols” for modern Pagans out of ignorance of our actual beliefs and practices. Quote: “We Christians need to be on guard in our understanding of such movements as contemporary Paganism. We tend to lump all of modern Paganism into one general and distorted category. We often fail to account for the vast complexity within the movement and articulate Paganism accurately. For all our concern about pagan idolatry, we may be guilty at times of making their idols for them. We need to develop the practice of respect for understanding their practices, rituals, and beliefs.”
Wiccan love spells: sometimes they (kinda) work (at least for awhile). Quote: “Yes, I shed a few tears, but not because I was in love with him. I cried because the spell hadn’t worked, at least not all the way, and I was now forced to revert to being a Party of One after having had a brief, haunting reminder of the cozier aspects of being in a relationship.”
That’s it for now! Feel free to discuss any of these links in the comments, some of these I may expand into longer posts as needed.
All that remains of the controversial Santa Muerte statue located at the San Benito Municipal Cemetery. (Photo: San Benito News)
“I think there’s a lesson here, primarily for the journalists who went with the “death spell” angle without finding a second opinion.”
Since then, San Benito News Managing Editor Michael Rodriguez has publicly and privately defended his paper’s coverage, sending The Wild Hunt (and I assume others) an explanation for why they only got one source, and why he trusted Dr. Zavaleta’s input. Quote: “If there are those who would discredit Dr. Zavaleta’s conclusions based on his religious practice, then by the same token I should dismiss their remarks as biased [...] the original article was not an attempt to spark an argument about religious freedoms but merely to present the concerns of a community, the actions of a city administration in response to such concerns, and the opinion of a doctor/professor/published author with expertise in this field.”
“Dr. Chestnut: The destruction of the statue was most likely perpetrated by an individual or group who had seen the media coverage featuring a local anthropologist who asserted that the effigy had been placed in the cemetery as part of a black magic hex intended to kill someone. I seriously doubt that it was the owner of the statue who destroyed it, but without the presence of cameras in the cemetery we can’t be certain. I imagine the perpetrator(s) smashed the effigy instead of burning it because they were in a hurry. You would need to ask the anthropologist why he specifically recommended burning the image, but I would imagine he did because of the historical use of fire in Christianity as an agent of destructive purification. The Spanish Inquisition, for example, had “heretics” and “witches” burned at the stake on a regular basis.
Dr. Zavaleta: There are no accidents or haphazard events in this world of U.S.-Mexico witchcraft (brujeria). Therefore the statue was placed in the cemetery deliberately and for a specific act of witchcraft. I doubt that its destruction could ever be a random act. First of all it was not committed by the person who put it there in the first place. That is out of the question. Secondly, no passerby destroyed it either. The most probable explanation for its destruction is by a person of religious faith who felt it so offensive that they had to take action. Within the context of the believer, the fact that the statue was not burned but broken up does not in any way negate the effect, in other words it’s still active. Just as it was created ritually it would have to be destroyed by fire ritually in order to nullify its intended effect.”
At this point I’d like to add a few things, first, I’d like to commend Michael Rodriguez for actually being responsive and communicating with me privately, and for posting an explanation/defense of his paper’s reporting. I don’t necessarily agree with his reasoning, or his conclusions, but I admire the fact that he took our concerns seriously enough to respond. Most papers don’t bother, and being accountable to your audience is good journalism. Secondly, I’d like to talk briefly about Dr. Zavaleta and “renowned” occult experts.
I don’t doubt that Dr. Zavaleta is well-educated, nor do I doubt that he’s made a study of Brujeria. Let’s accept that right off that bat. However, when I read that someone is a “renowned expert on the occult” and that he has, quote, “aided authorities from all over the country in identifying and understanding ritualistic crimes,” alarm bells go off. First off, most “occult experts” aren’t actually experts in all forms of the occult (a broad term indeed), and many of them have a religio-political agenda. Our community (and many of our allies) have had years of trouble from “occult experts” who misrepresent occult beliefs, and Pagan faiths, viewing everything through a single lens of interpretation. Often, this lens will be informed by a conservative Christian worldview, and driven by a sensationalist idea of what “magic” and “ritual” are. One “occult expert” helped put three innocent teenagers in prison for nearly twenty years.
“Someone, a man or woman, is doing witchcraft for pay,” Zavaleta said. “Somebody has paid the witch; they don’t do it for free and it (witchcraft) could easily go for a couple thousand dollars. So it definitely needs to be removed. The city should remove it, and that should be the end of it.” Actually, Zavaleta said the best course of action may even be to burn the sculpture.
Scholars don’t tell you to burn a sculpture, they don’t make definitive statements about the origin of the statue without verifying it. “Occult experts” with agendas do that. This is why I think the initial story needed more than one perspective, and why I’m glad they went and published a follow-up.
The Wild Hunt is partially an exercise in advocacy journalism. I make no bones about the fact that I have a pro-Pagan point of view, but papers that want to service an entire town, or city, can’t afford such a bias. This time, the assertions about “death spells” led someone to smash the Santa Muerte statue instead of letting the authorities deal with it, but next time it could lead to something worse. It could lead to accusations towards a community member, it could lead to mistrust and fear, and it could lead to the wrong people getting accused of a crime. So I hope the next time something ritualistic, something outside the ordinary happens, local journalists reach further afield for everyone’s sake.
ADDENDUM:Dr. R. Andrew Chesnut weighs in on this story at The Huffington Post. Quote: “Given the depiction of the folk saint by the media, at times reinforced by my fellow academics, it is not surprising that the presence of her Grim Reapress image in the cemetery quickly ignited a firestorm of controversy. For those in San Benito who already viewed the Bony Lady (one of her common monikers) as malevolent the unsubstantiated allegation of murderous sorcery made by a well-known anthropologist in the region simply reinforced their opinion and apparently emboldened at least one to deliver a mortal blow to Saint Death in the graveyard.”