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Post by SatiyaH on Apr 28, 2004 10:42:59 GMT -5
Recanted testimony prompts delay in restitution hearing
Associated Press
MACON, Ga. - A key government witness in a cult leader's sexual abuse and racketeering case has recanted her testimony, but a judge told her Friday she will have to wait to tell her story.
Malachi York, head of the United Nuwaubian Nation of Moors, was sentenced to 135 years in federal prison largely because of the testimony of cult members who said York, 58, regularly molested children and manipulated the sect's finances.
U.S. District Judge C. Ashley Royal postponed a Friday restitution hearing because, he said, he wanted to research whether Habiba Washington can take the stand during the hearing to recant her testimony. The U.S. Attorney's Office, which prosecuted the case, doesn't believe Washington's testimony is pertinent to the hearing.
"If Habiba Washington has now recanted, it is irrelevant to what we are doing today," Assistant U.S. Attorney Richard Moultrie said.
York, who also forfeited property in Eatonton and Athens as part of his sentence, is not eligible for release until 2139.
York's attorney, Jonathan Marks, said Washington was one of three prosecution witnesses who now say they were not molested by York. Before the Friday hearing, York supporters sent videotapes to several media outlets showing Washington recanting her testimony.
U.S. Attorney Maxwell Wood said he had not seen the tape.
"He's playing to the media," Wood said. "The fact that they gave a videotape to the media but not us should say something."
After Royal said he was postponing the case, York accused the judge of "holding a person down." Royal did not say when the hearing would be rescheduled.
The prosecution's only witness Friday, Dr. Richard Laurence Elliott, a professor at Mercer University, said he surveyed 22 victims, and four of them said they had not been abused.
Most, though, claimed they were abused by York and others, he said. Among them, a 17-year-old who had been molested at age 12.
"She lives in fear of Mr. York's supporters and called them fanatics," Elliott said.
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Post by SatiyaH on Apr 28, 2004 10:43:47 GMT -5
The prosecution made a valid point, the video was given to the media and not the prosecution. It should have at least been given to both! It's a game.
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Post by BalkisII on Apr 28, 2004 11:05:19 GMT -5
I agree.
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Post by Ralph on Apr 28, 2004 11:41:59 GMT -5
By now whoever is leading the campaign to free York has got to have no legs at this time. This person keeps shooting themselves in the foot!! How are you going to give a tape to the various media outlets and not the courts??? Gheesh!!!!!!  |
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Post by kAHANyAH on Apr 28, 2004 11:58:03 GMT -5
you all better recognize. nuwaubians are fighting back and i am comin from an impartial perspective. For them to get a delay in the restitution case and have the judge himself consultin law books show some level of good fight on part of nuwaubians. they may be able to pull this off.  |
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Post by Ralph on Apr 28, 2004 12:13:05 GMT -5
you all better recognize. nuwaubians are fighting back and i am comin from an impartial perspective. For them to get a delay in the restitution case and have the judge himself consultin law books show some level of good fight on part of nuwaubians. they may be able to pull this off. How do you know if they are not investigating witness tampering? Here are some questions to consider: 1) Who filmed the witness recanting her testimony? 2) Who asked the questions? 3) Was it done under oath? 4) Was she or is she still in the witness protection program? By York making his comments, it sure is not helping his cause. He should have been talking about himself pleading guilty... He recanted that also.... |
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Post by kAHANyAH on Apr 28, 2004 12:19:12 GMT -5
Ralph, come on now she could have went to the prosecution even after the video was made and told them she was forced or something. The prosecution was all along in the dark. Which means she tried to conceal this from them. The judge is postponing the restitution case because he is consulting case law whether the video has any bearing on the case. If you notice in the news column, the prosecutor made it his business to go on record saying the tape is separate from the restitution. He is positioning himself cause he knows what this video may do. BUT NOT SO FAST SAYS THE JUDGE. Apparently he doesnt agree with prosecution. My bet Ralph, the verdict will be overthrown and they will re-try the case. If that happens, those same witnesses that reluctantly testified against him will this time around BUCK! Remember you heard it from me! How do you know if they are not investigating witness tampering? Here are some questions to consider: 1) Who filmed the witness recanting her testimony? 2) Who asked the questions? 3) Was it done under oath? 4) Was she or is she still in the witness protection program? By York making his comments, it sure is not helping his cause. He should have been talking about himself pleading guilty... He recanted that also.... |
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Post by Ralph on Apr 28, 2004 12:47:56 GMT -5
Ralph, come on now she could have went to the prosecution even after the video was made and told them she was forced or something. The prosecution was all along in the dark. Which means she tried to conceal this from them. The judge is postponing the restitution case because he is consulting case law whether the video has any bearing on the case. If you notice in the news column, the prosecutor made it his business to go on record saying the tape is separate from the restitution. He is positioning himself cause he knows what this video may do. BUT NOT SO FAST SAYS THE JUDGE. Apparently he doesnt agree with prosecution. My bet Ralph, the verdict will be overthrown and they will re-try the case. If that happens, those same witnesses that reluctantly testified against him will this time around BUCK! Remember you heard it from me! Kah, Your CD is in the mail. Now are you a betting man? I would like to wager on that one. You did not answer any of my questions(for some reason  ), but when was that tape recorded? Funny, there are many other charges that have been sittingon the side if this one does not stick. One way OR ANOTHER, HE WILL SERVE SOME TIME...... |
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Post by kAHANyAH on Apr 28, 2004 12:51:52 GMT -5
oh damn! i owe you mang! hey listen if you in nyc and you need a ride around , LET ME KNOW!!!  . Gotta run back to work. I will address your questions tonite. Peace. Kah, Your CD is in the mail. Now are you a betting man? I would like to wager on that one. You did not answer any of my questions(for some reason ), but when was that tape recorded? Funny, there are many other charges that have been sittingon the side if this one does not stick. One way OR ANOTHER, HE WILL SERVE SOME TIME...... |
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Post by SatiyaH on Apr 28, 2004 13:03:35 GMT -5
When the video was first mentioned, the Judge himself stated it had no bearing on his sentencing, to save it for appeals. When it was mentioned that Habiba was there to testify, THEN, the Judge took a pause to consult the legal issues of her being allowed to testify at a sentencing hearing. He has been convicted, a video alone will NOT overthrow a conviction or render a mistrial after a conviction. It will have to be saved for his appeal, and again, she was not a "victim" in this case but a witness. There are victims who will testify again that it DID happen. What you don't know, that I have been told, is that there are several "holes" in her story on that tape. It was brought to my attention that tape has been played over and over as well as transcripts made. They are investigating it thorougly, and what's been slid to me is that some of her dates are thrown off as well as a few other key points;) She had months prior to his sentencing to come forth, yet she made the tape just days before. She works at a law firm in New York. She already knows it has no bearing on his case, it was her last ditch effort to free her concious and try to show Nuwaubians "I'm not the bad one, I'm not that dwarf devil you all called me in that flyer, I was bamboozeled". They fell for it too;) I've talked with Habiba, and anyone on here or out there who has met her will tell you she is a shrewd bitch--those aren'y my words either, they are hers |
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Post by Ralph on Apr 28, 2004 13:19:41 GMT -5
oh damn! i owe you mang! hey listen if you in nyc and you need a ride around , LET ME KNOW!!! . Gotta run back to work. I will address your questions tonite. Peace. Damn!! I know you aint driving a cab. But I hope it is not too hot or cold when I return home. Knowing you, I will be riding in one of these:  |
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Post by Ralph on Apr 28, 2004 13:22:23 GMT -5
When the video was first mentioned, the Judge himself stated it had no bearing on his sentencing, to save it for appeals. When it was mentioned that Habiba was there to testify, THEN, the Judge took a pause to consult the legal issues of her being allowed to testify at a sentencing hearing. He has been convicted, a video alone will NOT overthrow a conviction or render a mistrial after a conviction. It will have to be saved for his appeal, and again, she was not a "victim" in this case but a witness. There are victims who will testify again that it DID happen. What you don't know, that I have been told, is that there are several "holes" in her story on that tape. It was brought to my attention that tape has been played over and over as well as transcripts made. They are investigating it thorougly, and what's been slid to me is that some of her dates are thrown off as well as a few other key points;) She had months prior to his sentencing to come forth, yet she made the tape just days before. She works at a law firm in New York. She already knows it has no bearing on his case, it was her last ditch effort to free her concious and try to show Nuwaubians "I'm not the bad one, I'm not that dwarf devil you all called me in that flyer, I was bamboozeled". They fell for it too;) I've talked with Habiba, and anyone on here or out there who has met her will tell you she is a shrewd bitch--those aren'y my words either, they are hers Once again, great info..... Since she does work at a lawfirm, she is aware of the term "perjury".... |
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Post by SatiyaH on Apr 28, 2004 13:35:16 GMT -5
I'm sure of it! And, once they have her testify in court to the things she said on the video--then she will be held accountable for her purjury! She either purjured at the trial, or will purjur if she testifies to this. At this point, the video don't mean diddly. How many times have we heard that video evidence was not admissable? What means something are her words on the video--and if she testifies under oath to those words then she has hung herself.
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Post by Ralph on Apr 28, 2004 14:10:56 GMT -5
I'm sure of it! And, once they have her testify in court to the things she said on the video--then she will be held accountable for her purjury! She either purjured at the trial, or will purjur if she testifies to this. At this point, the video don't mean diddly. How many times have we heard that video evidence was not admissable? What means something are her words on the video--and if she testifies under oath to those words then she has hung herself. If they do accept that video, she has set herself up... |
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Post by ELTRUTH on Apr 28, 2004 14:48:40 GMT -5
the thing of it is- she is playing doc-and doc is playing her. she knows nothing can be done with the tape besides get a rise out of nuwaubians- AFTER he is sentenced. this is the person who testified AGAINST him for over 2 years, did interviews with his KNOWN enemy- sarah wallace, went ALL out to make sure he knew it was her, etc etc. there is obviously a MOTIVE behind her 'changing' and there are MANY holes and missing dates, and added people, and missing people . plus by the tape that means she is binding herself to be his witness IF he gets a re-trail and IF she becomes his witness- the prosecution can use purgury PLUS her invlovment with many of the witness/victims and more- so doc is setting her up for a BIG fall. like i said he is selfish and wants to take down as many people with him, so she fell for the old 'i forgive u trick' now she up knee deep - in some deep shit! and it still wont change the face that he was PROVEN guilty and on APRIL 22 2004 he was sentenced with 135 years.but look at the bright side- she will give alot of people more insperation to contact the prosecutors to be a witnesses or to testify how they have been victimized- and knows the role she played.   |
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