Post by Master-9 on May 26, 2004 21:58:42 GMT -5
Tribal News: Why Malachi York Must Be Acquitted?
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1. Government’s witnesses have recanted their previous false testimony against him.
2. 8 alleged victims listed in the indictment claimed it never happened
3. There was absolutely no DNA evidence
4. There were no videos or pictures showing molestation in any form or fashion.
5. There was no Medical evidence that corroborated the false accusations
6. The Government did not present any evidence of money transactions being structured to evade reporting requirements.
7. The Government in their closing argument agreed that there were no witnesses who could say that the purpose of the travel in interstate commerce was for the purpose of having sex. Lead prosecuting FBI Special Agent Jalaine Ward admitted under oath, that she had no witnesses who could state that the purpose of the travel was for unlawful sex.
8 . Judge C. Ashley Royal has a conflict of interest by acting as an attorney against the York family in another trial
9 . Judge Spivey of the Olcmogee Judicial Circuit handling cases dealing with juveniles stated on July 22, 2002 that the 5 children taken from the 404 Shadydale property on May 8, 2002 during the raid had not been molested or abused. 4 of the 5 children were release to their parents.
Black Laws Dictionary 7th Edition copyright 1999 Page 24
Acquittal- the legal certification, usu. by jury verdict, that an accused person is not guilty of the charged offense.
In other words, acquittal simply means "not guilty". The above alone should provide grounds necessary for a judgment of acquittal, however, due to the Judicial conspiracy carried out throughout this entire case, we are predicting continual foul play & cover-ups. The Judicial conspiracy started with Magistrate Judge Claude Hicks on May 13, 2002 who made public statements comparing Mr. York with Jim Jones, David Koresh, and Jimmy Swaggart. These statements by Judge Claude Hicks were made prior to any trial and resulted in the absolute destruction of Mr. York's presumption of innocence. By right you are innocent until proven guilty beyond a reasonable doubt in a court of law. Its called Due Process. Mr. York was also denied bond by Judge Hicks based on his opinion that Mr. York was a danger to his community and that he was a previous convicted felon. Judge Hicks' opinions became public statements in several news papers throughout the Middle District of Georgia These opinions were later proven false by Mr. York's attorneys. Mr. York never had a felony record and there were no reports ever made against Mr. York being a danger to his community. The Judicial conspiracy continued through Judge Lawson and now Judge C. Ashley Royal.
Judge C. Ashley Royal denied Mr York's defense attorneys an extention of time to prepare for trial. Adrian Patrick, former lead defense attorney, was only given 6 days to prepare for a trial of this magnitude. Judge Royal ordered a change of venue and moved the trial from the Middle District (Macon) to the Southern District in Brunswick Georgia acknowledging the negative pre-trial publicity by the media. Despite the fact that Putnam County Sheriff Howard Sills gave information to the Brunswick Newspaper reporter Karen Sloan which further destroyed Mr. York's presumption of innocence, Judge Royal denied an additional change of venue and scheduled the trial to take place in his home town of Brunswick Georgia. Judge Royal also closed the courtroom and denied Mr. York's family and supporters access to the courtroom, but allowed the same media that was responsible for the negative pre-trial publicity to sit in the courtroom representing the public. The public was only allowed to view the trial on a closed-circuit TV screen on the 3rd floor of the courthouse. Judge Royal stated that the closed circuit TV set up would satisfy the public access to the trial, yet 2 months after the trial was over, the transcripts of the trial were ordered to be sealed and kept from the public. This raises several unanswered questions:
1. What was the purpose of denying public access to the courtroom during trial only to set up a public viewing of the trial on the 3rd floor of the courthouse using a closed-circuit TV?
2. What is the purpose of sealing the transcripts and keeping them from the public, if the trial was made public by way of closed-circuit TV and news reporters were allowed in the actual courtroom?
Ask these questions and demand answers. There are other cases in the media right now, where defendants are being acquitted and new trials are being granted. There is no difference, take a look:
1. Martha Stewart after being found guilty has filed for a New Trial because the expert witness for the prosecution lied on the stand. He is now facing perjury charges.
2. Mr. John Stol, after serving nearly 20 years, was released from prison and acquitted on molestation charges that he was sentenced to life for. This took place after witnesses who testified against him recanted their testimonies and stated that they were never molested.
3. Edward Stokes was acquitted of all molestation charges because he was not able to face his accusers.
Motion For New Trial
Federal Rules of Criminal Procedure Rule 33 covers a motion for new trial. This rule requires that a new trial be granted if there is any new evidence available after trial that, if this evidence was available to the jury during the trial, it would have resulted in a different outcome or verdict. In other words, if the jury had the opportunity to review the new evidence at the time of the trial, it would result in a different outcome.
Habibah Washington's recanted testimony satisfies Federal Rule 33 and a New Trial must be granted. Furthermore, the potential is also there if the Federal Grand Jury had access to Ms. Washington's recanted testimony, then the Federal Grand Jury may have declined to indict Malachi York in the first place and there would be no Federal Case at all. Will justice be served or will the Middle District Judicial System ignore this blatant out right conspiracy? Malachi York Must Be Acquitted!!!
<br>
1. Government’s witnesses have recanted their previous false testimony against him.
2. 8 alleged victims listed in the indictment claimed it never happened
3. There was absolutely no DNA evidence
4. There were no videos or pictures showing molestation in any form or fashion.
5. There was no Medical evidence that corroborated the false accusations
6. The Government did not present any evidence of money transactions being structured to evade reporting requirements.
7. The Government in their closing argument agreed that there were no witnesses who could say that the purpose of the travel in interstate commerce was for the purpose of having sex. Lead prosecuting FBI Special Agent Jalaine Ward admitted under oath, that she had no witnesses who could state that the purpose of the travel was for unlawful sex.
8 . Judge C. Ashley Royal has a conflict of interest by acting as an attorney against the York family in another trial
9 . Judge Spivey of the Olcmogee Judicial Circuit handling cases dealing with juveniles stated on July 22, 2002 that the 5 children taken from the 404 Shadydale property on May 8, 2002 during the raid had not been molested or abused. 4 of the 5 children were release to their parents.
Black Laws Dictionary 7th Edition copyright 1999 Page 24
Acquittal- the legal certification, usu. by jury verdict, that an accused person is not guilty of the charged offense.
In other words, acquittal simply means "not guilty". The above alone should provide grounds necessary for a judgment of acquittal, however, due to the Judicial conspiracy carried out throughout this entire case, we are predicting continual foul play & cover-ups. The Judicial conspiracy started with Magistrate Judge Claude Hicks on May 13, 2002 who made public statements comparing Mr. York with Jim Jones, David Koresh, and Jimmy Swaggart. These statements by Judge Claude Hicks were made prior to any trial and resulted in the absolute destruction of Mr. York's presumption of innocence. By right you are innocent until proven guilty beyond a reasonable doubt in a court of law. Its called Due Process. Mr. York was also denied bond by Judge Hicks based on his opinion that Mr. York was a danger to his community and that he was a previous convicted felon. Judge Hicks' opinions became public statements in several news papers throughout the Middle District of Georgia These opinions were later proven false by Mr. York's attorneys. Mr. York never had a felony record and there were no reports ever made against Mr. York being a danger to his community. The Judicial conspiracy continued through Judge Lawson and now Judge C. Ashley Royal.
Judge C. Ashley Royal denied Mr York's defense attorneys an extention of time to prepare for trial. Adrian Patrick, former lead defense attorney, was only given 6 days to prepare for a trial of this magnitude. Judge Royal ordered a change of venue and moved the trial from the Middle District (Macon) to the Southern District in Brunswick Georgia acknowledging the negative pre-trial publicity by the media. Despite the fact that Putnam County Sheriff Howard Sills gave information to the Brunswick Newspaper reporter Karen Sloan which further destroyed Mr. York's presumption of innocence, Judge Royal denied an additional change of venue and scheduled the trial to take place in his home town of Brunswick Georgia. Judge Royal also closed the courtroom and denied Mr. York's family and supporters access to the courtroom, but allowed the same media that was responsible for the negative pre-trial publicity to sit in the courtroom representing the public. The public was only allowed to view the trial on a closed-circuit TV screen on the 3rd floor of the courthouse. Judge Royal stated that the closed circuit TV set up would satisfy the public access to the trial, yet 2 months after the trial was over, the transcripts of the trial were ordered to be sealed and kept from the public. This raises several unanswered questions:
1. What was the purpose of denying public access to the courtroom during trial only to set up a public viewing of the trial on the 3rd floor of the courthouse using a closed-circuit TV?
2. What is the purpose of sealing the transcripts and keeping them from the public, if the trial was made public by way of closed-circuit TV and news reporters were allowed in the actual courtroom?
Ask these questions and demand answers. There are other cases in the media right now, where defendants are being acquitted and new trials are being granted. There is no difference, take a look:
1. Martha Stewart after being found guilty has filed for a New Trial because the expert witness for the prosecution lied on the stand. He is now facing perjury charges.
2. Mr. John Stol, after serving nearly 20 years, was released from prison and acquitted on molestation charges that he was sentenced to life for. This took place after witnesses who testified against him recanted their testimonies and stated that they were never molested.
3. Edward Stokes was acquitted of all molestation charges because he was not able to face his accusers.
Motion For New Trial
Federal Rules of Criminal Procedure Rule 33 covers a motion for new trial. This rule requires that a new trial be granted if there is any new evidence available after trial that, if this evidence was available to the jury during the trial, it would have resulted in a different outcome or verdict. In other words, if the jury had the opportunity to review the new evidence at the time of the trial, it would result in a different outcome.
Habibah Washington's recanted testimony satisfies Federal Rule 33 and a New Trial must be granted. Furthermore, the potential is also there if the Federal Grand Jury had access to Ms. Washington's recanted testimony, then the Federal Grand Jury may have declined to indict Malachi York in the first place and there would be no Federal Case at all. Will justice be served or will the Middle District Judicial System ignore this blatant out right conspiracy? Malachi York Must Be Acquitted!!!