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