Did Rev. Dr. Malachi K. York Receive A Fair Trial?

I am sure that many people were fascinated by the Child Molestation Case (which later included money structuring and laundering), that was brought against Rev. Dr. Malachi Kobina York as I was. He is often referred to simply as Rev. York or Dr. York. I for one, followed the case which seemed to have conveniently come during the almost everyday news of Catholic Priests being charged with child molestation charges, Michael Jackson and R&B Singer R. Kelley are also high profile figures who were in the arena for illicit acts with minors as well. After reading the different articles that were posted in the newspapers that are local to the Eatonton, GA area, and listening to the OPINIONS of those who, let’s say, had a prejudiced bias towards the Nuwaupians, I too had begun to give in to the media’s reporting, that was often one-sided to be mild.

This all changed one day when I was in Atlanta, GA and saw a Nuwaupian out propagating the doctrine of the Nuwaupians that Dr. York says he teaches for the benefit of human-kind. This well-spoken and polite young man gave me a flyer and told me to look at the evidence with an open-mind and weigh it against what the prosecution had presented in the trial. One point that the propagator made that stuck with me and nagged at me was if there was such a slam dunk, open and shut, and airtight case against Dr. York, why did the prosecution seal the transcripts and close the court to the public? As I walked away, he left me with one thought, weigh our evidence against theirs and see who really won the case.

1. After reading the flyer it became quite evident why die-hard supporters of Rev. York still maintain to this day HE IS INNOCENT. The judge that presided over the case was U.S. District Court Judge C. Ashley Royal, which leads to the first point in the merit of Dr. York’s evidence. The Father-in-law of Dr. York was in the care of Oconee Regional Hospital and died. A subsequent law suit was filed by the survivors of the deceased against the care provider and the then attorney, C. Ashley Royal was their defense. Royal lost the trial and the family did get a settlement. This is one of the reasons the Nuwaupians feel there is no way as judge for the case, C. Ashley Royal could have been completely neutral. There were times during the trial when Judge Royal reportedly asked the prosecution why they didn’t ask certain questions or present certain things into into motion. There were also multiple occasions when he actually blocked the defense from calling witnesses to the stand who had direct contact and conversations with some of the prosecution’s witnesses that could very well have changed the outcome of the trial.

2. The lead investigator for the FBI, Juliane Ward, in her own testimony admitted that they did not have enough evidence to prove that Rev. York transported minors across state lines (The Mann Act) for the purpose of engaging in illicit acts with them. This is very significant because the notion of transporting minors for sexual purposes was supposed to be the basis of the whole trial to begin. One would think how could the trial even go any further after testimony from the lead investigator that she didn’t even have enough evidence to persecute.

3. The jury was tainted by pre-trial publicity and anonymously hand-picked by Judge Royal himself. Royal changed the venue of the trial which was supposed to be, as he indicated, to be in a place that was free of pre-trial publicity. The place he picked, Brunswick, GA, just happens to be his home town, where he obviously has more influence and power to say the least. There were six months that passed before the trial even began, which definitely destroyed by way of the media any chance for the whole area not to be influenced by pre-trial publicity. At the bond hearing, Judge Claude Hicks compared Dr. York to Jim Jones, Jim Baker, and Jimmy Swagger, presuming guilt through association. Soon there after, the arresting Sheriff of Putnam County, GA, Howard Richard Sills labeled Dr. York a serial pedophile- prior to a conviction.

4. The Federal Agents had the wrong name on the warrant when they came to arrest Rev. York. Their warrant had Dwight D. York listed as the one to be apprehended and it is very much documented that Dr. York’s full name is Malachi Kobina York. This is clearly a violation of his right to due process of law.

5. Judge Royal, being so hell- bent on exacting revenge against York, violated one of the very laws that he was sworn in to protect. On January 19, 2004, Judge Royal allowed trial to proceed, Case #5:03-CV-00422-2(CAR), this just happened to be the day that the Martin Luther King Jr. National Holiday fell. Many people may not know that this is a violation of a federal holiday of criminal procedure 6103 Rule 56 which states: “No Court Shall Be Held On A Statute Holiday.”

6. From May 8, 2002 A.D., all the way up to his illegal plea agreement on January 24, 2003, for more than six months, Dr. York endured torturous treatment. This was to include being placed in double solitary confinement, no phone call privileges, and being forced to remain in cell with temperatures as high as 95 degrees. Point being made here is that no where on Dr. York’s paper work was he listed as dangerous or a high risk of flight. Also, he was denied medical treatment for a condition that he suffers from called Hereditary Angioedema. This disease has symptoms of swollen respiratory passages and is triggered by stress, it can also be fatal if left untreated. I would like to remind the reader that Rev. York was a 57 year old man at the time of this mistreatment.

These are six points that I thought were quite interesting to say the least. There is a plethora more that are too numerous to list and explain in one article. However, I think the point of what the followers of Dr. York have been saying all this time should be clear by way of these few examples, that something stinks in the Middle District of Georgia for the 11th Judicial Circuit. It seems as if Judge C. Ashley Royal has given the whole state of Georgia a black eye that is going to take quite some time to heal. It also seems if thinking all the judicial misconduct by Judge Royal, would simply go unnoticed, unpublicized, and get swept under the rug, the 11th Circuit had better think again if the Nuwaupians have anything to say about it.

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Learn about how modern day lynching has ruined the reputation of a honorable man with the wrongful conviction of Dr. Malachi YorkAuthor: Alpha Mcguire