Bismarck Tribune - North Dakota News - Inmate sues over religious items

Inmate sues over religious items

Feb 19, 2007 - 03:55:43 CST

By CARSON WALKER
Associated Press Writer

SIOUX FALLS, S.D. - An inmate serving life in prison for a torture murder that sent two co-defendants to death row wants a federal judge to approve a toy sword and other items and privileges for the practice of an ancient European religion.

Darrell Hoadley, of Lead, who was convicted of murder for his part in the 2000 slaying of Chester Allan Poage near Spearfish, filed the handwritten complaint in U.S. District Court. He lists himself in court documents as counsel elder of the Asatru religious group.

The state has not yet filed an answer to the complaint. The Department of Corrections and state prosecutors do not comment on pending litigation. No court date is scheduled.

Hoadley said he's suing prison staff because they have denied some of his requests while members of other religions have gotten similar privileges.

Defendants include Warden Doug Weber, Associate Warden Dennis Block and Cultural Activities Coordinator Jennifer Wagner.

Hoadley's lawsuit asks for 23 ritual items, 10 reference materials and other requests, including visits from people who also practice the religion.

Many of the items already are included in a Corrections Department list of property that inmates may have in their cell or in the religious storage area.

Among those items: Rune cards and tiles, altar and cloth, wooden wand, ritual drinking horn, apple juice, blessing bowl, candles and holders, feather fan, wooden hammer, drum, abalone shell, evergreen twig and dragon's blood resin, a type of incense.

Other requests include an outside area with a tree and a sauna, special foods and privileges for religious holidays and a time once a week for studies, in addition to the one already allowed for rituals.

"This is no different than any of the various Bible studies, Hebrew lessons, Arabic lessons, etc. that have been or are approved," Hoadley wrote.

In the administrative comments section of some of the requests, prison officials cite a legal settlement on the Asatru religion and another case that's pending as reasons for why some things are allowed while others are not.

Hoadley said the Asatru religious group would make or buy the items themselves or ask for donations. Several times in the court documents he acknowledged security and safety issues.

A passage from Hoadley's handwritten document states: "Obviously no sane person (would) request a real sword in the pennitentiary. Therefore I am requesting to be allowed to purchase a small (no more than 2 feet) plastic or costume sword to be kept in the asatru locker. A cardboard sword is approved but it gets wet or bent or mirraculously disappears from the Asatru locker and has to be replaced."

Asatru has more than 10,000 members in the United States but is not organized, so an exact number is hard to come by, said Mike Murray, who said he has practiced the religion for more than 40 years and runs the site asatru.org.

"There's no supreme religious leader. It's more or less on a personal level, even though there are groups that gather and call themselves kindreds. And I know there are hundreds of them," he said in a telephone interview from his home near Phoenix.

According to the Web site, Asatru is "the original, pre-Christian religion of the peoples of northern Europe" whose members follow the gods and goddesses of Asatru and "believe in an underlying, all-pervading divine energy or essence which is generally hidden from us, and which is beyond our immediate understanding."

Some religious experts consider it a pagan religion that can be interpreted as encouraging violence and is becoming popular among prison inmates, one of whom was executed last summer in Virginia for killing a fellow prisoner at the foot of an altar.

Hoadley and the two others beat and stabbed Poage, tried to drown him by stepping on his neck and finally ended his life after 2½ hours by dropping basketball-sized rocks on his head.

Though Hoadley opted to stand trial for Poage's killing, the other co-defendants pleaded guilty and were sentenced to death. Briley Piper, of Anchorage, Alaska, is appealing the sentence. Elijah Page, of Athens, Texas, has ended his appeals and is scheduled to be executed the week of July 9.

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Comments

Shabre wrote on Mar 15, 2007 3:53 PM:

" Well some can say that this guy is asking for way too much if he is true, ASATRU he will not need all of the things he has asked for. Most of the blots and rites are not done with any of that in the prison system and they get along just fine. My husband is in prison and states that he has had some very good blots all that is really needed is your true beliefs and to follow the right way of the gods. The gods understand if you have to subsitute in order to perform a blot. As for this guy he committed murder and will go to hel and live a life of torture and misery there "

Atheleas wrote on Feb 21, 2007 11:28 AM:

" The one item Hoadley has NOT requested that should be granted him is accesss to information about the modern religious practices of Asatru. If he had that information, he would realize that NONE of the rest of his requested items are necessary to practice that faith. All that is truly needed for a person to follow Asatru is a willingness to do so. The gods will forgive an incarcerated prisoner offering water rather than mead, given the circumstances. "

Carie wrote on Feb 20, 2007 5:46 PM:

" My late husband was also on death row and Asatruar; however he did not have tools; he adapted as most of the rituals are intentions, etc. He did have a runic pentacle however. "

Christopher Blackwell wrote on Feb 20, 2007 1:53 PM:

" Basic rights include the practice of religion, even in prison. Our constitution demands that every religion be treated the same, even in prison. However there is no need to provide more than any other religion gets, nor anything that might be dangerous to fellow inmates or guards or the prisoner himself. I think fellow Pagans need to explain to prisoners what is absolutely needed and what is just nice to have. Often prisoners take things literally. As prison systems differ from state to state there is no purpose in making a new Pagan in prisoner think he needs something that is going to cause him trouble under the restricted situation in prison. Lessons provided to prisoners need to take into account the limits within prison and not set the new Pagan into constant conflict with administration and guards. In some prisons any non-Christian religion will have a hard enough time be practiced, so new conflict needs to be created. people who advise Pagan prisoners need to learn themselves what is allowed and what is not. They have a responsibility both to the prisoner and the prison administration if they want to make headway in gaining rights as provided under present law. "

Random wrote on Feb 20, 2007 10:50 AM:

" Do What Thou Wilt Shall be the Whole of the Law. Now wait a minute here, I'm not saying that he should get everything that he asks for, but the Christians in the prison system are given bibles, are able to receve communion, and can even get baptized in prison. The communion and the baptism bolth require props, I just think that the should have the same rights as the other prisoners. If you don't want to give them to him, fine, but don't let the other religions have their props. And as far as him having killed someone, yes it's horrible, but it dosen't change the fact that he is human, and thereby "endowed by his creator (whoever he views that as) with certain inaliable rights" that I don't think should be taken away. Love is the Law, Love Under Will Random "

OdinsRaven wrote on Feb 20, 2007 10:49 AM:

" Props arent a requirement of faith persay, and I do agree that a prisoner does wave his or her rights. However I also belive everyone should be treated equaly regardless of faith. If monotheists get to practice thier faith then so should pagans. Also I may add that while he may be destined for a less then nice after life by all Heathen beliefs (unless he dies heroicly, goes to Valhalla ect...) However who is to say he shouldnt be alowed to try and do some good so anyone who inharets his Wyrd won't have quite so much weighing them down. "

Dave Bundy, editor wrote on Feb 20, 2007 7:02 AM:

" To To Online Editor: Without your posting name, I couldn't tell you anything about your comments. Sorry. "

To Online Editor wrote on Feb 19, 2007 11:15 PM:

" Were my comments so terrible that they couldn't be posted? I cannot remember the name I posted under but it was definitely before Mouth from the South and after Beesh. What is the problem? "

use your resh wrote on Feb 19, 2007 5:32 PM:

" I don't know what asatru's rituals are like, I'm a wiccan and most of the rituals I know are thelemic and wiccan, but I know alot of ritualism is the same atleast in form. If one feels the need for tools in their ceremony, which are just symbols, one can use tarot cards. They depict alot of things, and if he wants a sword, have him use the ace of swords, a wand the ace of wands, chalices and pentacles too. I know alot of wiccans do this, use tarot cards, which can never be used as weopens (except for paper-cuts). "

silvrwlf wrote on Feb 19, 2007 4:50 PM:

" I think that this isn't so much about religion as it is about the rights of a convict to demand ANYTHING. I am a Pagan, and I do agree that having the tools of ritual helps, but it isn't necessary. We've had quite a few reason to call religious discrimination, but this isn't one of them. He killed someone. If anything, he brings shame to his religion by saying that he has to have these props for it to work. He lost his right to demand anything and I think we all - Pagan or otherwise - should stand against him. I'm sorry, Random, but I think you're just chasing shadows. I promise, there are enough reasons for us to stand against the government and say "you're wrong." But I can't honestly say that this is one of them. No tools or toys for the convict. "

Ezri wrote on Feb 19, 2007 4:18 PM:

" Sorry, no weapons. I don't care if they're 'toys' or not, no weapons. This guy is in jail. When you go to jail, you lose rights. You don't need a sword to be religious - faith is more important than having fake swords. He'll be just fine without it. "

Crank wrote on Feb 19, 2007 4:12 PM:

" Holy buckets!! We've got witches and devils and hobgoblins coming out the woodwork here. I'm glad you people mind your own business and don't go around casting spells on us God fearin' folk! Yikes! "

NoWay wrote on Feb 19, 2007 3:39 PM:

" You know what...when these people take another life and are put behind bars for murder, they should not be demanding ANY kind of rights. No one should be allowed ANY kind of religious items that could be considered a weapon or narcotic. I say let them practice their religion by themselves with their mind and prayer. That is all you need...prayer...between you and your God. "

REAL Asatruar wrote on Feb 19, 2007 2:56 PM:

" This nithing is not a follower of the Nine Noble Virtues. He is about as Asatru as a Klansman is Christian. If he pretends to follow the Norse/Germanic ways then he is headed for Nifelheim, where Hel punishes the murderers. Nothing he does will lighten his wyrd. He is a nithing criminal and his deeds are a stain on the holy name of Asatru. Let him rot in his cell and die as dishonorably as he has lived. Do not look to convicts and torturers if you wish to see a good example of what Asatru is really about. Look to Freya Aswynn, Diana Paxson, Galina Krasskova and other non-racist, law-abiding and respected leaders. Not all of us espouse violence and cruelty. Our religion, with it's lawspeakers at Thing, contains the very foundation of the modern American legal system. "

Jessica wrote on Feb 19, 2007 2:02 PM:

" The question in this case is whether or not barring the prisoner from obtaining ritual tools is a form of religious discrimination. What this man is suggesting through his lawsuit is that these tools are necessary for him to maintain his religious beliefs. Though I am Wiccan myself, and have experienced my share of religious discrimination, I think that this man should not be granted his requests for two reasons: 1. Religious belief is a state of mind - not material goods. While the latter can certainly compliment the former, it is not necessary for the practice of religious belief. 2. The prisoner is asking for things as if he were entitled to a normal life. Unfortunately for him, he chose to give up his rights to many freedoms when he chose to assist in murder. 3. He asks for items (aside from the sword) which sound harmless to many people (i.e. books, bowls, etc.). However, anyone who has ever seen exhibits of prison-made weapons knows that even a newspaper can prove a deadly device. If I were a guard there I would not feel comfortable knowing that a convicted torturer/murderer had access to those items. I myself am Wiccan currently in college. And while I would like to use candles in my rituals, I still have to conform to the schools anti-open-flame policy. I was aware of the policy before hand and I chose to give up that right. However, a lack of candles does not hinder my personal beliefs or my actions through those beliefs. Darrell Hoadley must learn the same. "

Holy chicken livers wrote on Feb 19, 2007 1:47 PM:

" This man is incarcerated for torture murder-why would any one let him practice anything, especially religious rituals! He lost all rights when he entered the prison system, why does he have the right to sue anybody? If he really believes in his religion, he doesn't need tangible to feel holistic with the higher being. "

Random wrote on Feb 19, 2007 12:48 PM:

" Do What Thou Wilt Shall Be The Whole of the Law. All these other comments are full of it. While I don't practice Asatru, I am a Pagan and won't stand for discrimination. From what I know of Asatru, (which is considerably more that you all) the props are just as important to that religion as to my own. I understand the security concerns, but I mean come on, he even said that he would use a cardboard sword. What can he do with that? He is being a lot more conciderate then I would. By the way, I know that inmates in places are given internet access, so if you are reading this Darrell, post something on the Witches Voice www.witchvox.com and I'm sure that the Asatru of the nation will rally behind you Love is the Law, Love Under Will, Random "

Mouth from the South wrote on Feb 19, 2007 10:56 AM:

" Wow, just what is needed!! Swords in prison. What will they ask for next, guns? These inmates have lost all right to ask for anything extra. They are in prison, for cripes sake. They certainly have a right to have religious services, but props? I don't think so. "

Beesh wrote on Feb 19, 2007 9:08 AM:

" This moron is just pushing the envelope. Why would the prison give him anything, either real or a toy, that is a weapon. "

Disgusted wrote on Feb 19, 2007 7:52 AM:

" This low life has lost any rights he may have once had. "

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