|
 |
|
Contact Us
There is overwhelming
evidence which proves Malachi York's innocence.
If you would like to share information pertaining to
his innocence, please email us at
info@nuwaubianfacts.com or
nuwaubianfacts@gmail.com
-------------------------------------------------
Dr. Malachi Z. York did not received a
fair trial. The prosecutor admitted they had "scant"
evidence.
Dr. Malachi Z. York was
charged with "Interstate Commerce", transporting minors
across state line. But according to a court
hearing on May 14, 2002 A.D. Special Agent Jalaine Ward,
of the FBI, stated on the record that they had no
witnesses. And on April 1, 2003 A.D., District Attorney
Richard Moultrie said prosecutors had "scant" evidence.
What exactly does he mean by "scant evidence"? According
to Webster's Dictionary scant means "barely sufficient".
The Prosecutors had no
evidence linking Dr. Malachi Z. York to child molestation.
- NO PICTURES
- NO VIDEOS
- NO DNA
But stories were saturated in
the media that they have pictures and videos proving his
guilt.
|
|
|
 |
|
|
(a)
Any
justice, judge, or magistrate judge of the United States shall
disqualify himself in any proceeding in which his impartiality
might reasonably be questioned.
(b) He shall
also disqualify himself in the following circumstances:
(1) Where
he has a personal bias or prejudice concerning a party, or
personal knowledge of disputed evidentiary facts concerning
the proceeding;
(2)
Where
in private practice he served as lawyer in the matter in
controversy, or a lawyer with whom he previously practiced law
served during such association as a lawyer concerning the
matter, or the judge or such lawyer has been a material
witness concerning it;
(3) Where
he has served in governmental employment and in such capacity
participated as counsel, adviser or material witness
concerning the proceeding or expressed an opinion concerning
the merits of the particular case in controversy;
(4) He
knows that he, individually or as a fiduciary, or his spouse
or minor child residing in his household, has a financial
interest in the subject matter in controversy or in a party to
the proceeding, or any other interest that could be
substantially affected by the outcome of the proceeding;
(5) He or
his spouse, or a person within the third degree of
relationship to either of them, or the spouse of such a
person:
(i)
Is a
party to the proceeding, or an officer, director, or trustee
of a party;
(ii)
Is
acting as a lawyer in the proceeding;
(iii) Is
known by the judge to have an interest that could be
substantially affected by the outcome of the proceeding;
(iv) Is
to the judge’s knowledge likely to be a material witness in
the proceeding.
(c) A judge
should inform himself about his personal and fiduciary financial
interests, and make a reasonable effort to inform himself about
the personal financial interests of his spouse and minor
children residing in his household.
(d) For the
purposes of this section the following words or phrases shall
have the meaning indicated:
(1)
“proceeding” includes pretrial, trial, appellate review, or
other stages of litigation;
(2) the
degree of relationship is calculated according to the civil
law system;
(3)
“fiduciary” includes such relationships as executor,
administrator, trustee, and guardian;
(4)
“financial interest” means ownership of a legal or equitable
interest, however small, or a relationship as director,
adviser, or other active participant in the affairs of a
party, except that:
(i)
Ownership in a mutual or common investment fund that holds
securities is not a “financial interest” in such securities
unless the judge participates in the management of the fund;
(ii) An
office in an educational, religious, charitable, fraternal,
or civic organization is not a “financial interest” in
securities held by the organization;
(iii)
The proprietary interest of a policyholder in a mutual
insurance company, of a depositor in a mutual savings
association, or a similar proprietary interest, is a
“financial interest” in the organization only if the outcome
of the proceeding could substantially affect the value of
the interest;
(iv)
Ownership of government securities is a “financial interest”
in the issuer only if the outcome of the proceeding could
substantially affect the value of the securities.
(e) No
justice, judge, or magistrate judge shall accept from the
parties to the proceeding a waiver of any ground for
disqualification enumerated in subsection (b). Where the ground
for disqualification arises only under subsection (a), waiver
may be accepted provided it is preceded by a full disclosure on
the record of the basis for disqualification.
(f)
Notwithstanding the preceding provisions of this section, if any
justice, judge, magistrate judge, or bankruptcy judge to whom a
matter has been assigned would be disqualified, after
substantial judicial time has been devoted to the matter,
because of the appearance or discovery, after the matter was
assigned to him or her, that he or she individually or as a
fiduciary, or his or her spouse or minor child residing in his
or her household, has a financial interest in a party (other
than an interest that could be substantially affected by the
outcome), disqualification is not required if the justice,
judge, magistrate judge, bankruptcy judge, spouse or minor
child, as the case may be, divests himself or herself of the
interest that provides the grounds for the disqualification.
,
[RETURN]
|
