Archives For Dr. R. Andrew Chesnut

Last week, two individuals charged with firearm and drug trafficking charges had their convictions overturned on appeal thanks to authorities using their devotion to the Mexican folk-saint Santa Muerte to “taint” proceedings. In the decision handed down by the 10th Circuit Court of Appeals, the court blasted using the expert testimony of U.S. Marshall Robert Almonte, who government prosecutors described as a “cultural iconography hobbyist.”

Photo: Time Magazine / EFE / ZUMAPRESS

Photo: Time Magazine / EFE / ZUMAPRESS

“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.

Chesnut went on to tell the Associated Press that “Santa Muerte has been used as evidence and used as probable cause in some cases, but she is not just a narco saint, and many of her devotees aren’t involved in criminal behavior.” Chesnut has long advocated against law enforcement trusting the testimony of self-appointed experts on this often misunderstood religious movement, and has written in-depth about Santa Muerte and other folk-saints for Huffington Post.

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.