DR. MALACHI Z YORK-EL  [click to listen]



Dr. Malachi Z. York

Case Summary

The Bogus case against Dr. Malachi Z York-EL

Kidnapping and Pre-Trial Detention

On May 8, 2002 A.D.  Dr. Malachi Z York was arrested illegally under the name "Dwight York” in a parking lot of a K-Mart Shopping Center in Milledgeville, GA, by FBI and over 100 law enforcement officers.

While this was transpiring, law enforcement officers from Putnam County, Baldwin County, Columbus County, and Jones County , with agents from the Department of Natural Resources, FBI and US Forestry , invaded the 404 Shady Dale Rd. property in Eatonton, GA with 400 heavily armed foot soldiers.

Sheriff: Howard Richard Sills again gave false information to the FBI that the Yamassee tribe was stock-piling weapons and were dangerous. He failed to mention to them that over the last 10 years the GBI, FBI, Putnam County Sheriff Department , have raided the property over 4 times, and found no weapons or evidence of criminal activity. Sheriff: Howard Richard Sills failed to mention that on two of these occasions,

Dr. Malachi Z. York was taken to GBI and FBI headquarters to be questioned and was given a lie detector test to see if he was involved in any terroristic activities; and test results confirmed that he was not involved in any terroristic activities. These GBI Agents even came back to the land after seeing that Dr. Malachi Z. York was cooperative and courteous and willing to assist them in their investigation.

These Agents returned on numerous occasions to fish from the lakes on the Tribe's property. He has even aided them in finding persons that were suspected to be affiliated with the tribe, by transferring any and all information that was filed on the suspects were given to the agents to further their investigation.

After his illegal arrest on May 8, 2002 A.D.,  Dr. York was held in Federal custody on 4 counts of transporting minors across state lines for indecent purposes.

Five days later, on May 13, 2002 A.D., there was a new indictment in the State with 120 counts of child molestation; and on August 2, 2002 A.D. the State of Georgia aided by District Attorney Fred Bright and Asst. District Attorney Dawn Baskin illegally held a grand jury hearing to re-indict Dr. Malachi Z. York.

The plot to use an illegal grand jury was exposed and that indictment was quashed or dismissed on that same day. The State of Georgia later vindictively re-indicted once again for the third time on October 2, 2002 A.D. with 208 counts of child molestation.

These charges are fabricated to establish a criminal case against Dr. Malachi Z. York-EL as a final effort to take the land and get rid of the Yamassee Native American Moors located at 404 Shady Dale Road, Maku (Chief Black Thunderbird Eagle) aka

Dr. Malachi York has continually stated his innocence and has been ignored.

  Dr. Malachi Z York was seen before Magistrate Judge Claude Hicks of the Middle District of Macon, GA on May 9, 13, and 14 2002 A. D. to be arraigned for the federal charges. During this hearing, Dr. Malachi Z. York was denied bond by Judge Claude Hicks, merely a magistrate judge, who admitted he has not seen the factual evidence supporting the charges in the case.

Judge Claude Hicks ruled that Dr. Malachi Z. York was a danger to the community when those who the prosecution claimed were alleged victims had already been taken into custody. Judge Claude Hicks stated in open court that he felt in his opinion that if Dr. Malachi Z. York was set free, the acts for which he was being accused of would continue.
Judge Hicks denied Dr. Malachi Z. York his right to be presumed innocent until proven guilty and placed himself in the position of Judge and Jury by declaring him guilty before allowing him a fair trial.

Judge Claude Hicks, before gathering and balancing the facts in this case,
compared Dr. Malachi Z. York to Jim Jones of the Jones Town Massacre and Jimmy Swaggart who was caught with a prostitute; and Jim Bakker , who defrauded his own congregation.

The State of Georgia, headed by Sheriff: Howard Richard Sills also gathered the grand jury in Putnam County to bring down the first bogus indictment.

Sills made himself:

1. A witness
2. a prosecutor for the state
3. and made a special presentment for the state.

Dr Malachi Z. York was indicted three separate times by the State trying to cover their previous mistakes, an outright violation of the law. These charges involve 13 alleged victims, 5 of which said nothing ever happened to them and that none of these alleged acts ever occurred.

In addition, Judge Spivey in Juvenile Court in Jones County of the Ocmulgee
Circuit stated in court on July 17, 2002 A.D., that none of these particular children (Hasnaa Evans, 16; Husnaa Evans 16; Hanaan Meritt 16; Salha Eddington 14; and Isa Johnson, 13) that were kidnapped off the 404 Shady Dale property and placed into the custody of The Department of Family and Children Services (DFACS) had NO signs of ever being molested.


NOTE: the tactics of the Government to take the Yamassee's land, the first two Hasnaa and Husnaa Evans were the children of some of the property owners, a

FOR SALE SIGN BY OWNER was placed in front of the Yamassee Land with the contact person being Anthony Evans, this is why these 2 children was kidnapped, notice the government witness list and you will see majority of the Eddington's family as the government's witnesses, this is why the government kidnapped Salha Eddington, and tried to use her in this case. Notice that Isa Johnson is one of the co-defendant  Mrs. Kathy Johnson's son this is why they kidnapped Isa to help force Dr. Malachi Z York-EL to plead guilty, this PLOT was well thought out.

Out of the eight that remain, 3 have recanted their statements and the 5 that continue to accuse Dr. York were individuals left the Yamassee property after being reprimanded for indecent behavior that was exposed and would not be tolerated.


During pre-trial hearings in the State case on January 16th and 17th 2003 A.D., Judge William Prior denied every motion that could help Dr. Malachi Z. York properly defend his case. He was never officially arraigned in the state, because he was immediately transferred to state custody to the Clayton County Sheriff Department from federal custody at the Atlanta Federal Penitentiary , during the middle of preparing for his
federal case 5:02-CR-27l.

This was done by the US Prosecutors, US Attorney Maxwell Wood; Asst. US Attorney Richard Moultrie of Macon, GA; and District Attorney Fred Bright; Asst. District Attorney Dawn Baskin of Putnam County, GA , which is a violation of the Speedy Trial Act.

 Dr. Malachi Z York was forced, after being mentally and physically tortured, a violation of 42 U.S.C. 1983 , to sign a plea agreement in Federal Court on January 23, 2003 A.D. and the State Court on January 24, 2003 A.D.

Dr. York was illegally detained by the Federal Government for almost 2 years without a trial. He has been denied the right to a fair trial and the right to be innocent until proven guilty. He has been threatened with life in prison along with harm to his family and fellow Tribal members if he persisted to taking his case to trial.

Former defense attorneys Edward Garland and Manny Arora attempted to have Dr. York committed to a federal mental institution for evaluation to see if he was mentally competent to stand trial. Dr. Malachi Z. York-EL was held at the Metropolitan Correctional Center in New York, New York , for this psychological evaluation for over 60 days , from August 14, 2003 - October 20, 2003 A.D.

He was found to be competent and his Native American status was no longer in question.

Dr. William Ryan of the Bureau of Prisons asserted in his report that , "he is a Native American/African American and competent to stand trial" .

 His heritage should no longer be on trial and a reason to perceive him to be incompetent.

After being tortured and forced to take a plea under duress, Dr. Malachi Z York was incarcerated at the Jones County Sheriff Department in Gray, GA for an additional 6 months while awaiting sentencing, and the attorneys from the firm of Samuel, Garland and Loeb after being paid $1.5 million, did not visit him once.

Attorney Frank Rubino of Miami, FL , an international lawyer, was hired to aid Dr. Malachi Z York argue the issue of his Native American status and putting it on the court record that he must be tried amongst his peers as he is a Native American, and be recognized as Maku “Chief”: Black Thunderbird "Eagle" of the Yamassee Native Americans of the Creek Nation Seminole, Creek, Shushuni, Washita Mound
Builders. .

Dr. Malachi Z. York-EL is a descendant of Ben York through Old York,
referred to as Yusef Ben Ali, a Malian Moor, as well as a Seminole from the Yamassee Native American Tribe of Mound Builders.

On October 24, 2003 the Macon Telegraph Newspaper publicized plans for a second Federal indictment which tainted the grand jury because of the negative pre-indictment publicity.

The Middle District and Northern Districts of Georgia were already spoiled, which is supported by the change of venue granted by Judge C. Ashley Royal. Judge C. Ashley Royal's order stated that the negative media that has been published by the Macon Telegraph and Atlanta Journal Constitution about Nuwaubians and Dr. Malachi Z York-EL has been monitored by the court over the years and these biased articles will adversely affect him being able to receive a fair trial.

The trial was moved to Brunswick, GA , which is in the Southern District of Georgia and it was revealed that The Brunswick News was given information by Putnam County Sheriff: Howard Richard Sills, who in turn printed an article in their small town newspaper titled "Cult Leader to Stand Trial in Glynn" . Sheriff: Sills is vindictively spoiled the venue, as he previously did when the State trial was moved 20 minutes down the road to Newton County, Covington, GA. Sheriff: Howard Richard Sills has purposely worked to keep Dr. Malachi Z York-EL from receiving a fair trial.

In a letter drafted by Asst. District Attorney Richard Moultrie and sent to Attorney Edward  Garland, Attorney Manubir Arora and Attorney Frank A. Rubino, dated October 2, 2003 A.D., Federal Prosecutors US Attorney Max Wood and Asst. US Attorney Richard Moultrie stated their intentions to seek a second Federal indictment scheduled for November 15, 2003 A.D.

On November 20, 2003 A.D. the United States Government superseded the then-current indictment of 4 counts of Transporting Minors for the purpose of unlawful sexual activity and presented a new indictment to the grand jury in Macon, GA for violations of the RICO statutes and the Mann Act. The new indictment now alleges that the Nuwaubian Nation of Moors was established for child molestation purposes.

This second indictment was done because the government would not be able to try the case with out the RICO statute because the alleged actions were outside of the statute of limitations. The Grand Jury was drawn out of the Middle District of Georgia a location where Judge C. Ashley Royal had already ruled was tainted with negative pre-trial publicity. This second indictment was a re-indictment not a superceding indictment. In order for the indictment to be a superceding indictment, there would need to be new evidence presented which creates a manifest need for a superceding indictment.


WOW!!! This new indictment took the government 19 MONTHS to come up with this shows that the federal government didn't do a thorough investigation and that they will do anything in their power to SETUP our Maku Black Thunderbird Eagle.

On December 16, 2003 A.D. Judge C. Ashley Royal stated in a public hearing that he would seek to have the court room closed to the public during the trial, yet he would allow only the media to be present in the court room, which is a violation of Dr. Malachi Z. York’s 6th Amendment right granted by the Constitution of the United States of America and a violation of the drafted Declaration of Human Rights for the United Nations.

The Federal Trial: United States v. Dwight York

After nearly two years in pretrial detention, January 5th 2004 A.D. marked the start of the Federal trial against our Dr. Malachi Z. York, U.S. Federal District Court Judge C. Ashley Royal presiding. The Trial was held in Judge Royal's hometown of Brunswick, Georgia in the Southern Judicial District due to negative pre-trial publicity. Jury selection began at 9:00 AM.

Over 150 potential jurors entered the courthouse after passing an excessive amount of heavily armed Federal and Local police. There were no demonstrations or protests outside of the courthouse through the duration of the entire trial.

Several of the prosecution's witnesses are on the payroll of the FBI and government agencies. Immunity agreements were given to the REAL children abusers Sakina Parham had an active Child Abuse Case before this Bogus Child Molestation Case. Other witnesses for the prosecution included child abusers, and strippers. One of the prosecution's witnesses at the end of her testimony said, "It must all be a dream".

On numerous occasions during the case, Presiding Judge C. Ashley Royal helped in the prosecution’s case by entering evidence sua sponte [Latin - of one's own accord, voluntarily] without prompting or suggestion.

Listen to our Maku's own words about this unjust case

The United States government claimed they had 200 witnesses but only called 47 and out of those 47, most were FBI agents, and there were only 7 alleged victims. Out of those 7 alleged victims, 3 had stated the truth that nothing happened and changed their stories after being threatened and pressured by the government and their parents.

The remaining 4 contradicted themselves on the stand and 1 even admitted to lying to the grand jury. Witnesses for the government also lied about the raid that took place at 404 Shady Dale Road, on May 8, 2002 A.D. denying the use of tear gas, and excessive force. During this siege, there were guns pointed at women and children and even on babies. Body bags were seen during the raid being brought in bulk in anticipation of the bloodshed.

Children were kidnapped and questioned without their parents’ consent or knowledge what went on in these interrogations and the government said they didn't video or audio record these interrogations, this is more proof that these alleged victims said in these interrogations that they were never molested.

Throughout the course of the trial, there were no videos or pictures of any molestation
produced. The Federal Bureau of Investigation claimed to have investigated Dr.
Malachi Z York, yet nothing was produced in the trial showing any thorough
investigation such as surveillance videos or audio, etc.

Because the Government knew its case was fake and based on false allegations, they did
not even call or contact some of their own witnesses who they claimed to be alleged victims in the indictment. In fact, the defense called some of the alleged victims named in the indictment, who testified for the Defense, on behalf of Dr. Malachi Z York, maintaining that NOTHING ever happened and that he is innocent.

The prosecution closed and rested their case, and subsequently re-opened their case under the guise of putting up rebuttal witnesses to respond to the Defense’ case, when actually they were new witnesses.

Why? The prosecution realized they lost and were trying to save their case by calling new witnesses to the stand. Upon deciding a verdict, the jury was hung and in matter of one hour, the sole dissenting juror was persuaded to bring down a guilty verdict. This juror, number 62 maintained that Dr. Malachi Z York was set up and that she had heard of another case where someone was found guilty that was actually innocent. Despite the devastating case presented by the defense, a Guilty verdict came down on 10 of the 11 counts against Dr. Malachi Z York.

In an attempt to obscure the numerous errors made, Judge C. Ashley Royal has sealed the transcripts to the trial. In fact, the prosecution only asked the transcripts to be partially sealed to protect the identities of the witnesses who testified who were under 18, but Judge Royal went beyond that extent to have the entire document sealed from the public.

On numerous occasions during the case, Presiding Judge C. Ashley Royal helped in the
prosecution’s case by entering evidence sua sponte [Latin - of one's own accord,
voluntarily] without prompting or suggestion. This is only one instance of Judge C.
Ashley Royal demonstrating bias, favoring the prosecution. He also acknowledged that
he monitored the United Nuwaubian Nation of Moors website during the trial. Even in
a the pretrial hearing on December 16, 2004 A.D. he stated, “The reality of the situation
is so much of what’s out there has been put out there on the web site. So I’ve looked at
the material from the web site. I’m familiar with all of that.” (December 16, 2004
Transcript P.74, L. 11-13)

Judge C. Ashley Royal also would not allow Dr. Malachi Z York-EL to
even get a pencil during the trial, which prohibited him from taking notes that would aid
in his defense. Royal also rushed the trial, even holding court during the Dr. Martin
Luther King Holiday , which stood in violation of the Federal Rules of Criminal
Procedure and was a blatant disrespect of Dr. King’s legacy.
Judge Royal justified his actions by stating that trials of this nature have to be pushed along, there were witnesses from out of town and that the trial had already lasted two weeks and he did not want to further tax the jury’s memory by being out of court an additional day. The trial only began to be rushed once the defense began mounting its case. After the government was given nearly two weeks to mount their case, the Judge began stating his concern about the speed of the trial and the necessity of testimony once the Defense witnesses were on the stand.

From the beginning, there was a campaign by the U.S. Government and the F.B.I. to
saturate the media with false allegations and exaggerations to taint any potential jury
pool. There was also a concentrated effort in the media to defame, slander, and character assassinate Dr. Malachi Z York. They wanted to find him guilty in the court of public opinion before any trial even took place. His presumption of innocence was lost from the beginning of this case.

It’s a number game. The media reports that he is charged with 208 counts of child
molestation in the case that the State of Georgia has against him to insinuate that there are 208 alleged victims. They say they have 200 witnesses to imply that 200 people saw the alleged molestation take place. Don't be fooled . There are no 208 alleged victims, there are 13 and out of those 13, 5 of them were kidnapped during the invasion and raid of the property at 404 Shady Dale Rd and taken into the custody of DFACS by former Detective and sidekick of Sheriff Sills, and now known drug user,

Noel Lee Wilson.

Those 5 alleged victims stated they were NEVER molested and 4 of them have been
released to their parents. 1 remains in DFACS custody and still maintains that nothing
ever happened. Of the 8 remaining alleged victims, 3 have recanted their statements as
well as told reasons for lying in the first place. They were forced to lie and promised
money and other things.

This leaves 5 alleged victims in which the prosecution said from their own mouths, which can be verified in the public transcripts, that they have no videotapes, pictures, or physical evidence that is consistent with the charges. As for the 200 so-called witnesses, 175 of them are State and Federal Agents that participated in the invasion and raid of the property at 404 Shady Dale Rd. This leaves 25, and of that, 18 are people that resided or were visiting the property at 404 Shady Dale Rd. and Athens. This leaves 7 so-called Witnesses. These 7 so-called witnesses have so much dirty laundry. We have witnesses, sworn statements, diaries, letters, and pictures of the orgies and deviant sexual behavior of these 7 individuals.

How they were into group sex exchanging partners,
Defense had witnesses that attacked every aspect of the prosecutions allegations.

These witnesses refuted all of their BOGUS claims including: Dr. Malachi Z York is the undisputed leader and sole controller of everything and everybody in the organization – FALSE


Horace Wright, the leader of the London community, testified to clear up this falsehood.
Horace told the jury that he has video and audio tapes of himself teaching and leading his congregation in London. Horace also testified and told the jury what the word Imam
really means " one up front " and that he himself is the Imam over in London. He also told the jury that there is no way that Malachi York could be Jesus or God or even 6000
years old, and be born June 26th 1945. Horace read the back cover of a video taped
lecture of Dr. Malachi Z York where Mr. York says "I am NOT Jesus
or a Prophet". So much for those allegations!!!

 Dr. Malachi York sexually molested under aged boys and girls - FALSE
Every witness for the defense adamantly denied any such allegation. They also denied
seeing anyone else being molested. The Defense called 8 of the prosecution's very own
alleged victims that they named in the indictment. All 8 denied any allegations of
molestations. They all said NO! Some of these alleged victims were served subpoenas,
but were never called by the prosecution.

Why? Because they knew that they would say NO because its all FALSE. 2 of these alleged victims, Sakina Woods and Qiturah Lampkin weren't even served a subpoena, yet they were listed as victims in the indictment. The Government is well aware of the lies and plot to destroy Dr. Malachi Z York.

 Dr. Malachi Z York transported or caused minors to be transported for unlawful sex – FALSE
Even the prosecution's own witnesses testified that Malachi York did NOT transport any
alleged victims from New York to Georgia. They testified that they traveled with their
parents or others, but not with Dr. Malachi York. The defense witnesses testified
that Dr. Malachi Z York did NOT order anyone to travel to Georgia
from New York.

 Dr. Malachi Z York-EL taught his followers that he is God - FALSE
Not even the prosecution's witnesses testified to that. This is something the media along
with the FBI and Government wants the public to believe in order to say Dr. Malachi
York had control over people. All of the defense witnesses laughed at the U.S. Attorney
when this issue came up in court.

  Dr. Malachi Z York-EL claimed to be Jesus - FALSE
The Government claims that Malachi York ordered his followers to refer to him as
Imam Isa, which they say means “Father” and “Jesus” respectively. Firstly, no one
testified that Dr. Malachi York ordered anyone to call him Imam Isa. Secondly,
anyone can look up the Arabic word Imam and see that it means "one up front". The
prosecution stuck their foot in their mouth when it comes to the word "Isa" meaning
Jesus because Isa Johnson, an alleged victim called to the stand by the prosecution and
said he was NEVER molested and NEVER saw anyone get molested. His name is also
Isa, and thus would also make him “Jesus”, which was never asserted by the prosecution although it is the same name.

 Dr. Malachi York structured cash to evade reporting requirements - FALSE
Defense witness Neil Dukoff who is Malachi York's tax accountant and whose father was
his accountant before that for over 30 years. Mr. Dukoff testified, from 1996 to 2001, Dr.Malachi Z York reported well over 1 MILLION dollars in taxes for EACH year. He
also testified that Malachi Z York paid MORE taxes that he should have for each of those
years. Dr. Malachi Z York was NEVER audited by the IRS and never received any
notice from the IRS. The prosecution produced NO such documents. You be the judge.
Why would Dr. Malachi Z York even open a bank account if he was trying to evade
reporting requirements?

Post Trial
On April 23, 2004 A.D.,  Rev. Dr. Malachi Z York-EL was sentenced to 135 years, an
excessive sentence an innocent man, and for the crimes for which he was falsely accused.

In addition, the sentence was based on Sentencing guidelines for 2002 A.D. when the
guidelines for 1993 A.D. should have been used.

Following the Sentencing Hearing, a Restitution Hearing was held in order to determine
whether alleged victims should receive money as restitution for alleged crimes
perpetrated against them This resulted in Dr. Malachi Z York having to
pay the Government’s partial cost of prosecution of $113,402.53 as well as $579.000 in
restitution, payment to the victims and to cover psychiatric treatment and educational
services. On May 7, 2004 A.D. a Restitution Order in the amount of $566,066 was granted & signed by Judge C. A. Royal.


The alleged victims did not receive any so-called relief from this Restitution, and only one of the witnesses Sakina Parham "said out of her own mouth that she went to receive this psychiatric treatment again showing Sakina interest in seeking money from the governments promise.

The criminal case against Dr. Malachi  York-EL was appealed to the United
States 11th Circuit Court of Appeals in Atlanta, Georgia, and the appellate attorneys
were granted Oral arguments. The appeal was denied. A 2255 motion for Habeas Corpus filing was submitted on June 26, 2007 . The same judge whose misconduct is one of the main points of the 2255 filing also ruled on this filing, which was denied. In support of the 2255 filing, numerous amendments were filed.

There was an amendment filed calling on Dr. York’s sentence to be vacated due to prosecutorial misconduct. This filing was supported by numerous affidavits by witnesses for the prosecution and alleged victims who state they were threatened, coerced and forced to perjure themselves on the witness stand while testifying against Dr. York. In addition, local, state, and federal investigators completely ignored established protocols while investigating this case. Out of a total of 40 interviews of witnesses and alleged victims not one of these interviews were recorded; there is not one audio or video tape recording of their statements which further substantiates their claims that they were coerced to testify against Dr. York.

A complaint was filed pursuant to 28 USC 351 filed by 200 members of

Holy Tabernacle Ministries one of the Yamassee's active beliefs known as (HTM)- ( located at 404 Shady Dale Road, Eatonton GA which was raided May 8th 2002 A.D.) and members of the community who witnessed biasness in Dr. York’s case and other cases. This complaint was based on the religious profiling, discrimination and biasness that Judge C. Ashley Royal has shown in Dr. York’s case and others resulting in Royal’s cognitive ability being called into question.

Examples of this include: refusing to RECUSE himself despite conflict of interest in Dr. York’s case; demonstrating negative sentiments against Dr. York and members of the Yamassee Tribe; insinuating the threat of violence from Yamassee Tribual Members, profiling its predominantly African American and Latino congregation; refusal to give Dr. York a continuance leaving him within violation of Federal Rules of Criminal Procedure 56 (c); presiding on cases of other Nuwaubians before during and after Dr. York’s case; using 2002 sentencing guidelines instead of 1993 sentencing guidelines, turned a blind eye to prosecutorial misconduct;, facilitated prosecutorial misconduct; and gagged key witnesses who would testify to the conspiracy against Dr. York.


Dr. York has been held at United States Penitentiary Administrative Maximum in Florence, Colorado since 2007 A.D . According to the most recent Statement by Manfred Nowak, United Nations Special Rapporteur on Torture and other cruel, inhuman or degrading treatment or punishment on October 23, 2008 in New York, solitary confinement is considered torture. Dr. York has been in solitary confinement since he has been in the USP ADMax Florence.
It is in the bylaws that solitary confinement leads to insanity; it is torture for someone to lack human contact for extended periods.
Dr. York never belonged at Florence to begin with according to his custody classification. Dr. York has been continually targeted by disciplinary actions by the prison that go against Bureau of Prisons (BOP) policy. He has not been allowed to see his children, which goes against BOP policy. In addition, according to BOP policy he can write books, however he has received disciplinary action against him for allegedly writing.
Dr. Malachi Z York-EL has been unjustly accused, tried and persecuted by the United States Justice system without being under their jurisdiction. We wish to bring this case of gross injustice to the eyes of the public with the hope that they will come to his support, contacting public officials, organizations nationally and internationally to come to his aid.













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