Saturday, March 20, 2010
Sunday, March 14, 2010
The Pre-Trial Timeline of Dr. Malachi Z. York's Case
Dr. Malachi Z. York's Case
May 8, 2002 -
Rev Malachi K. Yorke was arrested in Milledgeville GA on 4 counts of transporting minors across state lines for indecent purposes. Later that same day over 300 federal & local law enforcement agents executed a no-knock warrant on Tama-Re the Egyptian Village located at 404 Shady Dale Rd. in Eatonton GA.
May 9, 2002 -
Arraignment Hearing for H.E. Rev. Dr. Malachi K. Yorke held before Mag. Judge Hicks in Macon GA. Original plea of NOT GUILTY was entered on the record.
May 10,2002 -
Putnam County Sheriff Change of plea hearing was held before Howard R. Sills holds a press conference where Rev. Dr. Malachi K. Yorke's Presumption of Innocence was dismantled with the aid of the media when Sheriff Sills maliciously labeled Rev. Yorke "...a serial pedophile".
May 13 & 14,2002 -
Detention Hearings held before Mag. Judge Hicks in Macon, GA where the court moved to deny bail for Rev. Malachi K. Yorke
July 24, 2002 -
Original order signed by Judge Hugh Lawson to seal Rev. Malachi K. Yorke's trial to the public
Oct 25, 2002
Arraignment hearing held in Putnam Count where Sheriff Sills attempts to push Rev. Malachi K. Yorke down the courthouse steps while he is shackled in leg irons.
Jan 23 & 24,2003 -
Change of plea hearing was held before Judge Lawson in Macon, Ga. where a new 4 ct. superseding indictment was returned on H.E. Rev. Dr. Malachi K. Yorke, & where Rev. MalachI K. Yorke was coerced by his Attorney Ed Garland to enter Into a plea agreement on cts. I, 2, & 3 of the superseding Indictment. Preliminary order of forfeiture signed by Judge Hugh Lawson
May 27, 2003 -
Pro-Se presentence filings by Rev. Dr. Malachi K. Yorke
June 30, 2003 -
Motion hearing held before Judge Hugh Lawson re: psychiatric exam and motion for change of venue. Mr. Yorke states the Attorney encouraged him under duress to take a plea bargain.
July 14, 2003 -
Order turning over Rev. Malachi Z. Yorke to the custody of the Attorney General for psychiatric evaluation signed by Judge Hugh Lawson
July 18, 2003 -
Judge Lawson recuses himself from case, after defense states he interfered with the plea bargain process by stating he does not accept the plea, as he feels sentece should be much longer Lawson assigns case to Judge C. Ashley Royal.
Aug 5, 2003 -
Status conference held before Judge Royal in Macon, Ga.; court anticipates a Nov. term & directs defense counsel to file a motion to continue the case to a Jan term; discussion re; Rev. Malachi Z Yorke's location & status of psychiatric evaluation; Rev. Yorke's counsel requests Rev. Malachi Z. Yorke to be housed in Atlanta Federal Penitentiary when he returns from evaluation.
Sept 9, 2003 -
Motion granted by Judge Royal to set trial date for Jan; Trial scheduled for 01/05/04
Oct 6, 2003 -
Motion to dismiss for Lack of Jurisdiction filed on behalf of Rev. Malachi Z. Yorke by Attorney Frank Rubino.
Oct 24, 2003 -
Status conference held befor Judge Royal in Macon, Ga; Rev. Malachi Z. Yorke found competent to stand trial; Attorney Rubino requests that plea be withdrawn and that plea be changed to not guilty; Court finds that guilty plea is withdrawn; defense moves to be heard on venue; the court finds that this case will not be heard in the Middle District of Ga. due to media saturation of the case. Argument by Garland re; requests additional time to prepare for trial because of superseding indictment.
For more information see Mysteries Behind Closed Doors
May 8, 2002 -
Rev Malachi K. Yorke was arrested in Milledgeville GA on 4 counts of transporting minors across state lines for indecent purposes. Later that same day over 300 federal & local law enforcement agents executed a no-knock warrant on Tama-Re the Egyptian Village located at 404 Shady Dale Rd. in Eatonton GA.
May 9, 2002 -
Arraignment Hearing for H.E. Rev. Dr. Malachi K. Yorke held before Mag. Judge Hicks in Macon GA. Original plea of NOT GUILTY was entered on the record.
May 10,2002 -
Putnam County Sheriff Change of plea hearing was held before Howard R. Sills holds a press conference where Rev. Dr. Malachi K. Yorke's Presumption of Innocence was dismantled with the aid of the media when Sheriff Sills maliciously labeled Rev. Yorke "...a serial pedophile".
May 13 & 14,2002 -
Detention Hearings held before Mag. Judge Hicks in Macon, GA where the court moved to deny bail for Rev. Malachi K. Yorke
July 24, 2002 -
Original order signed by Judge Hugh Lawson to seal Rev. Malachi K. Yorke's trial to the public
Oct 25, 2002
Arraignment hearing held in Putnam Count where Sheriff Sills attempts to push Rev. Malachi K. Yorke down the courthouse steps while he is shackled in leg irons.
Jan 23 & 24,2003 -
Change of plea hearing was held before Judge Lawson in Macon, Ga. where a new 4 ct. superseding indictment was returned on H.E. Rev. Dr. Malachi K. Yorke, & where Rev. MalachI K. Yorke was coerced by his Attorney Ed Garland to enter Into a plea agreement on cts. I, 2, & 3 of the superseding Indictment. Preliminary order of forfeiture signed by Judge Hugh Lawson
May 27, 2003 -
Pro-Se presentence filings by Rev. Dr. Malachi K. Yorke
June 30, 2003 -
Motion hearing held before Judge Hugh Lawson re: psychiatric exam and motion for change of venue. Mr. Yorke states the Attorney encouraged him under duress to take a plea bargain.
July 14, 2003 -
Order turning over Rev. Malachi Z. Yorke to the custody of the Attorney General for psychiatric evaluation signed by Judge Hugh Lawson
July 18, 2003 -
Judge Lawson recuses himself from case, after defense states he interfered with the plea bargain process by stating he does not accept the plea, as he feels sentece should be much longer Lawson assigns case to Judge C. Ashley Royal.
Aug 5, 2003 -
Status conference held before Judge Royal in Macon, Ga.; court anticipates a Nov. term & directs defense counsel to file a motion to continue the case to a Jan term; discussion re; Rev. Malachi Z Yorke's location & status of psychiatric evaluation; Rev. Yorke's counsel requests Rev. Malachi Z. Yorke to be housed in Atlanta Federal Penitentiary when he returns from evaluation.
Sept 9, 2003 -
Motion granted by Judge Royal to set trial date for Jan; Trial scheduled for 01/05/04
Oct 6, 2003 -
Motion to dismiss for Lack of Jurisdiction filed on behalf of Rev. Malachi Z. Yorke by Attorney Frank Rubino.
Oct 24, 2003 -
Status conference held befor Judge Royal in Macon, Ga; Rev. Malachi Z. Yorke found competent to stand trial; Attorney Rubino requests that plea be withdrawn and that plea be changed to not guilty; Court finds that guilty plea is withdrawn; defense moves to be heard on venue; the court finds that this case will not be heard in the Middle District of Ga. due to media saturation of the case. Argument by Garland re; requests additional time to prepare for trial because of superseding indictment.
For more information see Mysteries Behind Closed Doors
Thursday, March 11, 2010
The Government Admitted They Had No Evidence in Dr. Yorks Case.
When you look at the lengths that the Government went through to make sure they were able to wrongfully convict Dr. Malachi Z. York it is not hard to see why the trial was closed to the public and the court transcripts were sealed. Everyone who looks at what took place can see that they were not concerned with the laws or playing fair. They were hoping to be able to substantiate their claims and accusations some how even though they had no witness to the trumped up charges.
The government failed to prove beyond a reasonable doubt all of the necessary elements of these crimes: specifically the unlawful sexual activity and the purpose elements. There was absolutely no evidence presented to prove that the travel in interstate commerce was unlawful, no State law was put into evidence during the State's presentation of their case and there was insufficient or no evidence or witness testimony that the purpose of the interstate travel was for sex with minors. Jalaine Ward, an agent for the FBI and lead officer in the raid of 404 Shady Dale Road and arrest of Dr. Malachi York, testified in pretrial hearings that none of the victims testified that they were transported for the purpose of illegal sexual acts.
Attorney Adrian Patrick questioned Jalaine Ward about her detention hearing testimony on May 9 2002 A.D.
Patrick: Read from "all right" down for us. Okay?
Ward: "Now in connection with the travel for the purpose of having sex with a minor, do you have any witness who says that the purpose in the travel was to have the children have sex? The witness – my answer is, "The witness that says that?"
Notes From Trial
Ward: And my Answer is, "No."
"You have no witness that says that?"
"Not that says that, no."
And you didn't say anything about "H.W." at that time, correct?
No . . .
Notes From Trial
Ward: She would be the witness that comes to mind.
And this is sworn testimony May 9, 2002; correct?
Yes. Yes.
At this point Jalaine Ward, the Federal Agent has indicated that it is her belief that “H.W.” may fill this evidentiary void of providing a witness or any evidence that the purpose of the travel from New York to Georgia was for the purpose of unlawful sex; however, contrary to this agent's belief, upon review of “H.W.'s” entire testimony. There is no evidence that she provides indicating that the purpose of the travel was for unlawful sex with minors. Thus, there is no evidence that would sufficiently support the federal jurisdiction over the state acts of alleged child molestation. H.W. later recanted her statement in a video taped session with her attorney where she states that no molestation occurred and did two written affidavits supporting this recantment. Threatened by the government with the loss of her children H.W. was then forced to withdraw her recanted statement.
The government presented no witnesses that testified that the purpose of the travel was to engage in unlawful sexual activity. There was no proof that Rev. Dr. York actually drove anyone of the alleged victims. There was no evidence that Rev. Dr. York directed or caused anyone specifically to travel for that purpose.
In a criminal case, the government must prove each and every element of a charged offense beyond a reasonable doubt. In re Winship, 397 U.S. 358 (1970). The Eleventh Circuit has characterized this right as one of the most fundamental guarantees in a criminal trial. Nutter v. White, 39 F.3d 1154 (11th Circuit 1994).
Now if they try to say that Dr. Malachi York got a fair trial then how can they get a conviction on counts that they themselves admitted to not having any evidence or witnesses to support the claim. The one witness that they hoped would be able to produce that evidence stated that it did not happen and it was a plot that some disgruntled ex-members came up with to try and receive favorable consessions from the Government in exchange for the testimony. See Habiba Washington’s Recantment
The government failed to prove beyond a reasonable doubt all of the necessary elements of these crimes: specifically the unlawful sexual activity and the purpose elements. There was absolutely no evidence presented to prove that the travel in interstate commerce was unlawful, no State law was put into evidence during the State's presentation of their case and there was insufficient or no evidence or witness testimony that the purpose of the interstate travel was for sex with minors. Jalaine Ward, an agent for the FBI and lead officer in the raid of 404 Shady Dale Road and arrest of Dr. Malachi York, testified in pretrial hearings that none of the victims testified that they were transported for the purpose of illegal sexual acts.
Attorney Adrian Patrick questioned Jalaine Ward about her detention hearing testimony on May 9 2002 A.D.
Patrick: Read from "all right" down for us. Okay?
Ward: "Now in connection with the travel for the purpose of having sex with a minor, do you have any witness who says that the purpose in the travel was to have the children have sex? The witness – my answer is, "The witness that says that?"
Notes From Trial
Ward: And my Answer is, "No."
"You have no witness that says that?"
"Not that says that, no."
And you didn't say anything about "H.W." at that time, correct?
No . . .
Notes From Trial
Ward: She would be the witness that comes to mind.
And this is sworn testimony May 9, 2002; correct?
Yes. Yes.
At this point Jalaine Ward, the Federal Agent has indicated that it is her belief that “H.W.” may fill this evidentiary void of providing a witness or any evidence that the purpose of the travel from New York to Georgia was for the purpose of unlawful sex; however, contrary to this agent's belief, upon review of “H.W.'s” entire testimony. There is no evidence that she provides indicating that the purpose of the travel was for unlawful sex with minors. Thus, there is no evidence that would sufficiently support the federal jurisdiction over the state acts of alleged child molestation. H.W. later recanted her statement in a video taped session with her attorney where she states that no molestation occurred and did two written affidavits supporting this recantment. Threatened by the government with the loss of her children H.W. was then forced to withdraw her recanted statement.
The government presented no witnesses that testified that the purpose of the travel was to engage in unlawful sexual activity. There was no proof that Rev. Dr. York actually drove anyone of the alleged victims. There was no evidence that Rev. Dr. York directed or caused anyone specifically to travel for that purpose.
In a criminal case, the government must prove each and every element of a charged offense beyond a reasonable doubt. In re Winship, 397 U.S. 358 (1970). The Eleventh Circuit has characterized this right as one of the most fundamental guarantees in a criminal trial. Nutter v. White, 39 F.3d 1154 (11th Circuit 1994).
Now if they try to say that Dr. Malachi York got a fair trial then how can they get a conviction on counts that they themselves admitted to not having any evidence or witnesses to support the claim. The one witness that they hoped would be able to produce that evidence stated that it did not happen and it was a plot that some disgruntled ex-members came up with to try and receive favorable consessions from the Government in exchange for the testimony. See Habiba Washington’s Recantment
Wednesday, March 10, 2010
Why Is Dr. Malachi Z. York Not Getting Medication?
If you have been following the case of Dr. Malachi Z. York then you know he has been shuffled around from institution to institution. The bureau of prisons (BOP) has made it their business to trump up their own rating system to try to justify housing Dr. Malachi Z. York in the worst prison they could possibly put him in, Florence ADX a super max facility. It is nicknamed the Alcatraz of the Rockies and designed to house the most dangerous people to society.
This is what Time in partnership with CNN had to say about the inmates housed there. "The inmates in ADX Florence include drug kingpins, gang leaders, hit men, snipers and, lately, more and more, international terrorists, including al-Qaeda shoe bomber Richard Reid; mastermind of the 1993 World Trade Center bombing Ramzi Yousef and at least seven of his accomplices; and four men convicted of involvement in the 1998 bombings of U.S. embassies in Africa. There are American terrorists too. Timothy McVeigh, the Oklahoma City bomber, spent time there before being transferred to Indiana, where he was executed in 2001. His accomplice, Terry Nichols, is still at ADX, as is Theodore Kaczynski, the Unabomber. The common thread running through the crimes committed by these men accounts for the nickname given to the highest-security section of the prison: Bombers Row."
Read more: Wrong prisoner classification
This is not the right place for them to house Dr. York. First and foremost he is innocent, second they are unable to treat his potentially deadly medical condition Acute Hereditary Angioedema (HAE). In any facility the is unable to treat inmates they will often times transfer the prisoner to a facility that has the means to treat them. The BOP has been negligent in properly caring for Malachi York.
This is what Time in partnership with CNN had to say about the inmates housed there. "The inmates in ADX Florence include drug kingpins, gang leaders, hit men, snipers and, lately, more and more, international terrorists, including al-Qaeda shoe bomber Richard Reid; mastermind of the 1993 World Trade Center bombing Ramzi Yousef and at least seven of his accomplices; and four men convicted of involvement in the 1998 bombings of U.S. embassies in Africa. There are American terrorists too. Timothy McVeigh, the Oklahoma City bomber, spent time there before being transferred to Indiana, where he was executed in 2001. His accomplice, Terry Nichols, is still at ADX, as is Theodore Kaczynski, the Unabomber. The common thread running through the crimes committed by these men accounts for the nickname given to the highest-security section of the prison: Bombers Row."
Read more: Wrong prisoner classification
This is not the right place for them to house Dr. York. First and foremost he is innocent, second they are unable to treat his potentially deadly medical condition Acute Hereditary Angioedema (HAE). In any facility the is unable to treat inmates they will often times transfer the prisoner to a facility that has the means to treat them. The BOP has been negligent in properly caring for Malachi York.
Saturday, March 6, 2010
Nuwaupu and the Nuwaupians
Nuwaupu is a term that was given to us by the master teacher Dr. Malachi Z. York. It is a gift from our creators to raise us back to the state we were intended to be in. Nuwaupu is the science of sound right reasoning. It is the science of the Ancient Egiptians, Nubians and Nuwbuns. It is the science that will take nubians from a 6 mind state to a 9 mind state or a GOD MIND state. It is time to awaken mummies.
Tuesday, March 2, 2010
The Truth About Dr. Malachi Z. York's Case
The truth about the wrongful and unjust imprisonment of Rev. Dr. Malachi Z. York is now being exposed to the world. It has almost been 8 years since many of the so called witnesses have recanted their coerced testimonies. There was no DNA evidence, the illegal entry on the Nuwaupian property on 404 shady dale road in Eatonton Georgia, and the trial that ended in a hung jury until the judge C. Ashley Royal took the jury into his chambers and recharged them to come back with a guilty verdict. This lead to Dr. Malachi Z. York serving a 135 year sentence for racketeering and transporting minors across state lines for illicit act. All of which the procecution admitted that they had scant (no) evidence to support the claims.
You can visit this site to see the evidence that the defense was blocked from bringing to light in the trial that was riddled with judical misconduct, and procedural errors. After viewing the facts you be the judge and see whether or not if this happend to you or one of your loved ones would you be fighting mad and do something to right this wrong.
You can visit this site to see the evidence that the defense was blocked from bringing to light in the trial that was riddled with judical misconduct, and procedural errors. After viewing the facts you be the judge and see whether or not if this happend to you or one of your loved ones would you be fighting mad and do something to right this wrong.
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