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Jury Trial Timeline
Jan. 5, 2004- Jury Trial- Day 1
Jan. 6, 2004- Jury Trial- Day 2
Jan. 7, 2004- Jury Trial- Day 3
Jan. 8, 2004- Jury Trial- Day 4
Jan. 9, 2004- Jury Trial- Day 5
Jan. 12, 2004- Jury Trial- Day 6
Jan. 13, 2004- Jury Trial Day 7
Jan. 14, 2004- Jury Trial- Day 8
Jan. 15, 2004- Jury Trial- Day 9
Jan. 16, 2004- Jury Trial- Day 10
Jan. 19, 2004- Jury Trial- Day 11- Note this trial
still continued, on a Federal Holiday. The 3rd
Monday in January honors the civil rights leader
Rev. Dr. Martin Luther King Jr. birthday.
Jan. 20, 2004- Jury Trial- Day 12
Jan. 21, 2004- Jury Trial- Day 13
Jan. 22, 2004- Jury Trial- Day 14
Jan. 23, 2004- Jury Trial- Day 15- By the end of
the three week trial that resulted in an
“HUNG JURY” when the jury sent a note to judge
Royal asking him to relieve an elderly black juror,
claiming that the lone juror had a problem
with several of the thirteen counts against Dr.
York. Another note was sent stating that the lone
juror had said: “they are out to get him” ( York )
and that she knew of a case where a person was
convicted, but later found innocent. Within one
hour, the Jurors were recharged & sent back
into deliberation where they returned with a
Guilty verdict on counts 1, 2, 3, 4, 5, 6, 7, 9, 10,
11 & Not Guilty on counts 8 & 12. |
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NUWAUBIANS TIME LINE
part 2
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Jan. 23 & 24, 2003 - Change of plea
hearing was held before Judge Lawson in Macon , Ga. where a
new 4 count superseding indictment was returned on Rev
Malachi York. & where Rev. Malachi York was coerced by his
Attorney Ed Garland to enter into a plea agreement on counts
1, 2, & 3 of the superseding indictment. Preliminary order
of the forfeiture signed by Judge Hugh Lawson. |
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May 27, 2003 - Pro-Se pre-sentence
filings by Rev. Malachi Z. York. Why did Dr. York have to
file this motion Pro-Se when he had so- called lawyers ? His
so- called lawyers is the ones that recommended this
evaluation, Is this a confirmation that the attorneys were
working against Rev. Dr. Malachi Z York- EL (aka Maku Chief
Black Thunderbird Eagle) Where Maku continued to tell the
government and the court that they were violating his
indigenous rights. |
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June 30, 2003 - Motion hearing held
before Judge Hugh Lawson re: psychiatric psychological exam
and motion for change of venue. |
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July 14, 2003 - Order turning over
Rev. Dr. Malachi York to custody of the Attorney General for
psychiatric evaluation signed by Judge Hugh Lawson. |
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July 18, 2003- Order granting the
recusal of Judge Hugh Lawson. Case reassigned to Judge C.A.
Royal. A newly elected
judge with No Experience as a judge, this was
considered a high profile case, this is why an experience and
well aged judge Honorable Hugh Lawson step down when he made
errors and was called out by Attorney Adrian Patrick. |
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Aug. 5, 2003 - Status conference
held before Judge Royal in Macon, Ga.; court anticipates a
Nov. term & directs defense counsel to file a motion to
continue the case to a Jan. term; discussion re; Rev.
Malachi York’s location & status of psychiatric evaluation;
Rev. York’s counsel requests Rev. Dr. Malachi York to be
housed in the Atlanta Penitentiary when he return so Mr.
Garland can be closer to his client to discuss their plans
about the case, this according to Dr. York did not happen he
received No Visits from Mr. Garland's firm, this is one of
the worst federal prison in the States. |
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Sept. 9, 2003 - Motion granted by
Judge Royal to set trial date for Jan.; Trial scheduled for
01/05/2004 . |
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Oct. 6, 2003 - Motion to dismiss
for lack of Jurisdiction filed on behalf of Rev. Dr. Malachi
York by Attorney Frank Rubino. |
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Oct. 24, 2003 - Status conference
held before Judge Royal in Macon, Ga. Rev. Malachi York
found competent to stand trial; Attorney Rubino requests
that plea be withdrawn and that the plea be changed to not
guilty; Court finds that guilty plea is withdrawn; defense
moves to be heard on venue; the court finds that this case
will not be heard in the Middle District of Ga. due to
negative media
saturation of the case, Cult this, Child Molester that,
Stockpiling Weapons, No Respect for the Law, all of this was
just one of their tactics. Argument
by Garland re; requests additional time to prepare for trial
because of superseding indictment. |
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Oct. 28, 2003 - Order granted in
part and denied I part; re change of venue for trial; the
Court determines Rev. York couldn’t get a fair trial or
impartial trial in the Macon Division of the Middle District
of Georgia; but denies defense request for transfer to another
venue. Case to be tried in Brunswick Division of the Southern
District of Ga. Signed by Judge C.A. Royal, where he was
raised and practiced law there Judge Royal pick a anonymous
jury from amongst a community that he was well known in.
Keep this in mind, ANONYMOUS JURY FROM HIS HOME TOWN. |
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Oct. 31, 2003 - Order
denying motion to Dismiss for lack of Jurisdiction
signed by Judge C.A. Royal. |
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Nov. 11, 2003 - Order granting
motion to seal Superseding Indictment signed by Judge C.A.
Royal. Why seal these documents these charges was suppose to
be dealing with money structuring and we all know the
financial department was ran by adults, not children what is
the Government Hiding from the Public? |
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Nov. 21, 2003 - Federal Grand Jury
returns a 3rd indictment
with alleged violations of Federal Racketeering statutes aka
Federal RICO violations. Indictment was ordered sealed by
Judge C.A. Royal. What are you Hiding? We the people would
like to know. |
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Dec. 16, 2003 - Waiver of personal
appearance at arraignment for Rev. Dr. Malachi Z. York and a
plea of NOT- GUILTY to the superseding indictments were
entered on his behalf by defense. Pretrial conference held
before Judge Royal in Macon , Ga. ; discussion of pending
motions and the court addresses counsel regarding trial &
Judge Royal declares himself...."the gatekeeper" for this
case. What do that mean? |
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Dec. 30 & 31, 2003 - Order denying
defense counsels motions to separate count 3 of these
superseding indictments & to dismiss counts 1 & 2 of the
superseding indictment. Order denying defense motion to
dismiss the superseding indictment. Pretrial conference held
before Judge Royal in Macon, Ga.; the court finds that the
Jury will not be
sequestered during the trial except possibly during
deliberations; ruling is reserved on this matter; the court
finds that the trial will be open to spectators by way of
closed circuit T.V.; the court finds that there will be no
recording/mechanical devices allowed in the courtroom; US
states that there are approximately 12 witnesses that should
not be shown on closed circuit T.V.; the court advises
counsel that the motions to suppress will be denied and that
the motions to dismiss shall be denied;
defense counsel Patrick objects and renews objections; the
court addresses members of the gallery re: demonstrations
during the trial of this case & passes out case law. |
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Jan. 2, 2004 - Order that the jury
in the case will be anonymous and that the trial of this
case will be closed to spectators, only properly
credentialed members of the press will be allowed in the
courtroom,
no spectators will be allowed in the actual courtroom;
alternate site in the courthouse will be available to the
public to see the trial by closed
circuit T.V.; the court further ordered that the findings of
fact and conclusions of law in support of this order be
filed under seal, signed by Judge C.A. Royal. Order denying
motion to dismiss indictment
count 6 & count 2 Racketeering Act Three signed by Judge
Royal. JUDGE ROYAL DENIES ALL MOTIONS THAT THE DEFENSE
PRESENTS. |
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Jan 23,
2004- Jury finds Rev. Dr. York guilty of 10 counts
of child molestation and racketeering, after the jury
was hung, the judge sent a note back in the deliberation
room an within a hour the jury changed the verdict to
guilty. |
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Jan. 30, 2004 - Motion by
defense for Judgment of Acquittal filed for Rev. Malachi
York by Adrian Patrick. |
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Feb. 4, 2004 - Motion granted for
issuance of preliminary order of forfeiture signed by Judge
C.A. Royal. |
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Feb. 19, 2004- Motion by defense to
stay forfeiture pending appeal. |
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Mar. 5 & 8, 2004- Notice
of claim of ownership by YFP & Third party innocent
owners along with a motion to dismiss order of
forfeiture
filed by attorney for landowners Robert A Ratliff. |
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Apr. 23, 2004- Sentencing hearing
where Rev. Malachi York was given 135- year sentence & where
prosecution key witness Habibah Washington offered the first
of 2 recantments. Ms. Washington gives a recantment by sworn
affidavit. |
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May 7, 2004- Restitution Order in
the amount of $566,066 was granted & signed by Judge C.A.
Royal. Notice of Appeal & Motion by Anthony Evans to stay
Ancillary Hearing. |
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June 30, 2004- Forfeiture hearing
held before Judge Royal in Macon , Ga. |
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July 5, 2004- Originally the
opening Appeal brief was set to be filed on this date. The
attorneys at this time were Attn Harry Charles, Attn
Jonathan Marks, and Attn Matt Robinson. However, the appeal
was later held in abeyance (suspended) pending the outcome
of the motions
for new trial in the District Court. Those issues were
resolved on August 13th 2004 at the New Trial Hearing which
resulted in the opening brief being due no later than
September 27th 2004, the 11th circuit court sent notice that
the opening brief was due 40 days after August 16th 2004. |
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July 28, 2004- Seven Day notice to
vacate was issued ordering residents of 404 Shady Dale Road
to vacate property or risk eviction by the US Marshal
Service & US Justice Dept. announced the Attorney General’s
award for Distinguished Service would be given to Ass. US
Attorney’s Richard Moultrie & Stephanie Thacker, FBI Special
Agents Jalaine Ward & Joan Cronier, and Putnam County
Sheriff Howard Richard Sills for their coordinated efforts
in securing the investigation, prosecution & conviction of
Rev. Dr. Malachi Z. York. |
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Aug. 13, 2004 - Motion hearing
where defense counsel Marks withdraws Rev. York’s motion for
a new trial & Motion for judgment of acquittal filed by
Adrian Patrick. Habiybah Washington was called to testify by
defense counsel & gave a 2nd recantment. Motion by Rev. York
to withdraw Jonathan Marks as Attorney due to ineffective
Assistance of Counsel. (56) Aug. 24, 2004- the 11th circuit
court sent notice that the opening brief was due 40 days
after August 16th 2004 . Why would Rev York's attorney
withdraw a new trial motion? This is not a act that a lawyer
would do in the best interest of his client. |
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Aug.31, 2004 - Judge Royal issued
his order on the Pro-Se motion with errors. Judge Royal
never cited law, rule or procedure to back his ruling. Judge
Royal stated that the defendant was in error by filing
Pro-Se motions. This was addressed by Adrian Patrick on
Nov.9, 2004. Oral Arguments to help in Dr. York's reversal
of conviction. The extension was granted and the opening
appeal brief was set to be filed on November 12th 2004. |
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Sept.4, 2004 - Lawyer Adrian
Patrick was contacted after the gross sabotage and
ineffective assistance of counsel given by Attn. Jonathan
Marks at the sentencing, restitution, and new trial hearing
on Aug.13, 2004. The Friends of Malachi York was formed and
re-hired Mr. Patrick as lead defense counsel on behalf of
the family and community of Dr. York on September 4th 2004.
Mr. Patrick advised Attn Matt Robinson, who at that time was
already on record at the 11th circuit appellate court, to
file a motion for an extension of time to file the opening
appeal brief.
This was in the best interest of Dr. York to allow Mr.
Patrick time to construct the major arguments on appeal. At
that time Mr. Patrick consulted with the Clerk at the 11th
circuit who assured him that an extension would not be a
problem. During that time, Attn Matt Robinson prepared an
opening brief with 9 issues based on information he received
and reviewed and sent a drafted copy to Mr. Patrick. This
was done out of caution in case the extension of time was
not granted. After reviewing the draft prepared by Matt
Robinson, it became apparent to Mr. Patrick and Dr. York's
family that the appeal must be amended/rewritten. Mr.
Patrick along with Lawyer Benjamin Davis
re-drafted the opening brief adding issues which focused on
reversal of the conviction and exoneration. Mr. Patrick also
included and felt it necessary to request Oral Arguments to
help in Dr. York's reversal of conviction. The extension was
granted and the opening appeal brief was set to be filed on
November 12th 2004. |
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Nov. 12, 2004 - Opening appellant
brief filed by Attorney’s for Rev. Malachi York. |
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Jan. 18, 2005- Re-filed redacted
(censored) opening brief as well as the reply to the
governments appeal brief. |
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Sept. 14, 2005- Attorneys for
Rev. Malachi York
will offer oral arguments before the 11th circuit court
of appeals in Atlanta , Georgia . |
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Oct. 27, 2005- The 11th U.S.
Circuit Court of Appeals
upheld the 2004 conviction of Rev. Dr. Malachi
York that led to a 135-year prison sentence on child
molestation and racketeering charges. |
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Dec. 21, 2005- Rehearing Denied. |
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June 9, 2005- 476- acre property
was sold for $1.1
million to Lawson Lawrence a local Milledgeville developer
whom plans to resell the property at a later date. |
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Sept. 14, 2005- Attorneys for
Rev. Malachi York
will offer oral arguments before the 11th circuit court
of appeals in Atlanta , Georgia . |
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May 22, 2006- A Petition for a
Writ of Certiorari (A decision by the Supreme Court to hear
an appeal from a lower court.) was filed by Attorney Robert
Bryan on behalf of Rev. Dr. Malachi Z. York |
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