Family members of alleged York victim testify that they doubt girl's story

Macon (Ga.) Telegraph/January 20, 2004
By Wayne Crenshaw

Brunswick -- The mother and brother of a girl who earlier testified that Malachi York repeatedly molested her said Monday they don't believe her.

The girl's mother said her daughter is part of "a conspiracy" against York, leader of the United Nuwaubian Nation of Moors, who is on trial facing 13 federal counts of molestation and racketeering.

"I saw no signs of any molestation whatsoever," the woman told the jury. "I don't believe (she) was molested. All of those young ladies are after money."

The alleged victim's brother gave similar testimony, saying he was close to his sister and often talked to her about problems she was having. He said she never mentioned being molested.

"I do not believe Malachi York molested my sister," he told the jury.

On cross examination, Assistant U.S. Attorney Richard Moultrie asked the girl's mother if she had seen a medical report on her daughter that indicated a finding consistent with sexual abuse. She said she had not.

"Are you telling the ladies and gentleman of this jury that you made up your mind your daughter is lying, and you didn't even bother to look at the medical report?" he asked.

"Yes," the woman replied.

Both the mother and brother said they are still Nuwaubians and live on the group's compound in Putnam County.

A medical doctor who also is a Nuwaubian testified Monday and disputed the reference "consistent with sexual abuse" cited in the findings of some of the alleged victim's medical reports.

Dr. Frederick Bright said he reviewed all of the medical reports. He indicated he did not find anything that could lead him to conclude the children had been molested.

"When we say 'consistent with' a certain diagnosis, what we say is that it is in agreement with that diagnosis, but it does not give a definitive diagnosis," he said. "Even if there's a 10-percent chance a scar could be from one thing, there's a 90-percent chance it could be something else."

He also gave a lengthy description of what he called "irregularities" in the way the medical reports were done, including what he said were indications of "pre-conceived notions that molestations occurred." But on cross examination, Assistant U.S. Attorney Stephanie Thacker attempted to show that Bright's own opinion was not objective.

She showed him a copy of his application to the Ancient Egyptian Order, one of York's organizations, in which he wrote: "I have tremendous respect and love for the master teacher of our day and time."

Bright acknowledged he was referring to York but insisted that his testimony regarding the medical reports reflected an objective opinion.

Also Monday, York's accountant showed the jury York's federal income tax returns from 1996 to 2001 that indicated a gross income of nearly $6 million over that time period. His net annual income - the amount after expenses related to operating his businesses are deducted - ranged from $70,000 to $225,000. The income came from four businesses: The Ancient Mystic Order of Melchizedek, Holy Tabernacle Ministries, Holy Tabernacle Stores and rental properties.

Holy Tabernacle Stores, a chain that sells books and other products created by Nuwaubians, was the highest source of income.

Each return also listed York's marital status as single, though witnesses have testified that many women were considered his wives. He also listed no dependents, though federal investigators have said he is believed to have about 100 offspring.

The accountant, Neil Dukoff, was called by the defense to refute the government's racketeering charges against York. Those charges accuse York of splitting cash deposits to avoid depositing more than $10,000 at one time, which would have to be reported to the IRS.

Dukoff, whose office is in New York, said York could have paid less taxes if he had claimed dependents and that York never tried to file for tax-exempt status as a religious organization.

"He wanted to call it a business," Dukoff said.

But he also stated under cross examination that the tax returns were based on information provided by York's finance office. Dukoff could not say that no criminal activity related to York's finances had occurred.

Also Monday, three men testified that they lived in the same house as some of York's alleged male victims.

All said there was a curfew at dark, that the boys in the house were almost always together, and they did not believe the alleged victims had made late-night trips to York's house, where the alleged victims said they were molested. The defense witnesses also said they had never seen any signs that the boys were being molested.