To: Usenet (alt.satanism...)
Subject: Teen murder/satanic motivation
Date: Mon, 09 Sep 1996 05:20:00 GMT
*Cite as 912 P.2d 217 (Nev.1996)*
Brian SIMMONS, Appellant,
The STATE of Nevada, Respondent.
Supreme Court of Nevada
Defendant was convicted in the Third Judicial District Court, Lyon County, Archie E. Blake, J., of first-degree murder with deadly weapon, burglary, and possession of explosive device. He appealed. The Supreme Court, Steffen, C.J., held that: (1) defendant's friend who received telephone call from defendant that was recorded by wiretap did not act as a government agent; (2) book concerning witchcraft and expressing satanic themes could be seized under plainview doctrine; (3) neighbor's testimony about not hearing anything on night of murder was not sufficent evidence on which to base granting of new trial; and (4) evidence was sufficient to support verdict.
Springer, J. dissented with separate opinion.
On the morning of February 23, 1993, fifteen-year old Jason Kopack was murdered in Lyon County, Nevada. The Lyon County Sheriff's office investigation of the crime scene indicated no signs of a struggle but the victim's body revealed an oval-shaped wound in the back of the left shoulder. The investigating officers initially believed that Jason had been mortally wounded with a crowbar or blunt instrument and began searching the premises for such an implement.
At school during the morning of the same day, Simmons, who had reportedly become preoccupied with Satanism, mutilation, rape and killing, attended school and told or suggested to three friends that he had killed Jason. Simmons' friend, Mike O, (hereafter "Mike") testified that Simmons explained the details of his activities leading up to the shooting and admitted to Mike O that he, Simmons, had shot Jason. Another of Mike O's acquaintances, Dan, testified that Simmons told him that there were now only four left on the list of five that Simmons had earlier told Dan that he intended to kill. This corroborated Mike O's testimony indicating that Simmons had told him, about two weeks before the killing, that Simmons had made a list of five people he planned to kill, including the victim Jason.
In handwritten journals admitted into evidence, Simmons had copied satanic invocations from books and expressed his desire to please Satan by murdering and mutilating people he knew. He reportedly told the victim's girlfriend that if Satan told him to kill someone, including Jason, he would do so. Simmons shared his murder plans with other friends and told his friend, Dan, that he had a list of five individuals that he planned to kill in the near future.
....Simmons who sought, unsuccessfully, to have the district court suppress all items taken from his home, including the book Witchcraft, from which the State read excerpts at trial to demonstrate that Simmons was involved in Satanistic rituals. In denying Simmons' motion to suppress, the district court found that all items had been properly seized and removed from Simmons' house and that the book Witchcraft was both in plain view and constituted relevant evidence. At trial, Simmons did not deny telling his friends of his "hit" list, but testifed that he refered to the names on the list only as characters in the game "Dungeons and Dragons". He insisted that all of his talk about Satan and Satanism was also simply part of the game. Simmons also testifed that his friends lied about him telling them that he killed Jason. (cut)
(5) Simmons contends that the book Witchcraft was illegally seized and should not have been admitted at trial bcause the book was not listed on the search warrant and neither the plain view doctrine nor the good faith exception applies (or has only limited application) to material protected by the First Amendment. Because the satanic themes expressed in Witchcraft are protected by the First Amendment and the police did not have any rational nexus between satanism and Jason's death prior to the search, Simmons maintains that the warrant requirement that items to be seized be listed on the warrant should be strictly construed and that the police improperly engaged in the ad hoc seizure of the book.
(6) We disagree. The standard for probable cause in seizing material "presumptively protected" by the First Amendment is no higher than any other material. See New York v. P.J. Video, 475 U.S. 868, 874-75,106 s. Ct. 1610, 1614-13, 89 L.Ed. 2d 871 (1986). In the instant case, police did not seize the book because its materials were criminal, but rather because the contents of the book were relevant to the crime under investigation See Bennet v. State, 106 Neb. 136, 140 787 P.2d. 797, 800 (1990) (poetry in plain view detailing defendant's desire to kill was lawfully seized). Consequently, we conclude that the district court did not err in finding that the book had evidentiary value and was validly seized pursuant to the plain-view doctrine. (Cut)
- The Ordur of Kaos Under Satan (TOKUS)
-- the underlying k@s that makes all this possible
- Satanism Archive
- Smackers -- self-described Satanist expressions
- Compare outsiders' descriptions of Satanism and satanism:
- Propaganda -- non-Satanist religious and academics
- Delusion -- 'satanic ritual abuse' fear-mongering
- Mother Church (CoE)
-- the progenitrix of eco-ethics
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Related sites of interest:SATANITY, SATANISM, DEVILRY, AND INFERNALITY
The Gospel of Satan: the story of Jesus and the angels, from the perspective of the God of this World
Satanism Bibliography: composite booklist of relevant sources on Satanity and devildom, by category
Satanic Blood Pact: explanation of how, why, and when to make a blood pact with the Devil
Adversarial AEon Begins: the particular and specific incident of a Satanic Blood Pact described
Manifesto Satanika: a generalized Satanic sociopolitical manifesto, with a helpful elaboration
nocTifer: a tender-hearted Satanian (nagasiva yronwode) in all avenues of expression
Bookmarks in compilation from the Magus of the AEon of the Adversary
MAGIC, SPELLS, AND DIVINATION
Hoodoo in Theory and Practice by cat yronwode: an introduction to African-American rootwork
Southern Spirits: 19th and 20th century hoodoo accounts, with ex-slave narratives & interviews
Association of Independent Readers and Rootworkers: readings and hoodoo services
Hoodoo Library facilitating an education on conjure, and help procuring modern sources
Herb Magic: illustrated descriptions of magic herbs with free spells, and a way to obtain them
Free Spells from eclectic witches, Coven Kyklos, in their Book of Shadows, called "Spiritual Spells"
Lucky Mojo Spell Archives: love spells, money spells, luck spells, protection spells, and more
Mystic Tea Room: tea leaf reading, teacup divination, and a museum of antique fortune telling cups
Tarosymbolismatrix Tetraktypisciseferoticus: the symbolic foundation of a novel Tarot deck
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Lucky W Amulet Archive by cat yronwode: an online museum of worldwide talismans and charms
Usenet FAQ Archive: arcane and spiritual FAQs and REFs, brought to you by Lucky Mojo
YIPPIE: the Yronwode Institution, bearing the standard of indigenous ethnomagicology
OCCULTISM, MYSTICISM, AND RELIGION
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Missionary Independent Spiritual Church: inter-faith; candle services; Smallest Church in the World
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