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Dr. Malachi Z. York
Fri. Jan. 9, 2004
"18 Year old male (the younger brother of the first two alleged
female victims to testify) testifies against York . He admitted
to a meeting with his father, York defense attorney
Manny Aurora
and a defense investigator during which he denied being
molested. He said he did so because he feared his mother could
face charges if the allegations came out.
He was the witness on the stand when Patrick asked Royal to
recuse himself.
Defense attorney angrily accused the judge of bias for the
prosecution and asked that he remove himself from the case.
U.S. District Court Judge Ashley Royal, however, said he would
not step down.
Adrian Patrick, York 's attorney, asked that Royal remove
himself following a conference at the judge's bench. Patrick
asked for the jury to be excused, then stood before the judge
and accused him of making an improper suggestion to assistant
U.S. Attorney Richard Moultrie.
"The court prompted the government to introduce evidence,"
Patrick told the judge in a raised voice.
The conference involved a medical report on a male witness who
testified that York molested him repeatedly as a child. The
report indicated that the witness originally denied being
molested, but both the witness and FBI agent Joan Cronier said
the report was wrong. Patrick said Royal prompted the
prosecution to introduce another section of the report.
"The court is overstepping its bounds," Patrick said.
"I can present evidence," Royal responded. "I can question
witnesses. You are incorrect in that."
Outside the courtroom, Middle District U.S. Attorney Max Wood
called Patrick's demand "totally without merit."
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Wed. Jan. 14, 2004
"For the second time in the trial, Patrick accused U.S. District
Court Judge Ashley Royal of helping the prosecution and asked
that Royal remove himself from the case. Prior to the girl's
testimony, Royal called attorneys from both sides to the bench.
After a conference, Patrick stated in open court that Royal had
told him not to ask the girl about her mother's testimony that
the girl had a problem with lying. Patrick said the judge should
not have made that ruling without the prosecution requesting it.
"The court is clearly acting defacto as a prosecutor," he said.
Royal declined to step down.
"I'm surprised you don't understand the role a judge has in a
trial," he said. "You simply don't understand basic rules of
evidence."
Royal later cited a rule that a judge has a duty to protect
witnesses from "unnecessary embarrassment."
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