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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."

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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