Dr. Malachi Z York, these documents
is signed by Dr. York our question is why didn't Dr. York have
the liberty to sign all important documents put in on his behalf
by so-called legal representation,
for instance the 2255
documents.
On
December 29, 2003 Dr. York terminated the Garland's law
firm, please review these documents and the mentioned Exhibits
for the proof that Dr. York has been saying all along that the
so-called pretrial defense attorneys, judges and the prosecution were all
working together to illegal incarcerate Dr. Malachi Z York. The
proof is in the transcripts, so please read for your souls sake.
Attorney
Arora
Misapplied Rule 12.2(c)
for the defense when this is clearly a government motion and not
for a defense attorney to turn into the prosecution against his
client, read the proof for yourself.
Title 18 USC- 4241
and
Title 18 USC- 4242
these attorney was not
claiming that Dr. York was insane so why quote these Rules of
law and ask for the well experienced Judge to order this motion
to have a competency evaluation when these rules of law don't
apply and this judge should have known these rules didn't apply
but he still order for a competency evaluation.
As it is said the DECK WAS
STACKED.
THIS IS A RED FLAG
On June 30 2003
the prosecution Mr.
Moultrie said on pg. 23 and 24 of the pretrial hearing, that the
government was only adding in their superseding indictment 1
count, that would involve the 4 original counts an this was the
government lying, to not allow the defense to view these new
charges and the so-called lawyers said ok, the government said
this new count was their reason for the forfeiture, now you
should be asking what did they use to forfeit these properties,
because it wasn't the so-called Molestation charges according to
these transcripts. The government took about 5 to 6 months (Nov.
20th 2003) to
reveal these new indictments, now from the date of the
kidnapping May 8, 2002 this would be 19 months and the so-called defense attorneys
assisted the government with them asking to have our Maku Chief
Black Eagle go through a psychological evaluation 30 to 45 days
that came out to be 68 days in New York, which is very funny
when you keep reading this document on pg.41, where the Judge
says after Dr. York said, "I'm quite sure you're much more
educated than I am and know" the judge response was I'm not sure
about that at all, so why did judge Royal send Dr. York to New
York to be evaluated knowing that Dr. York was well educated, do
you see the action of the judge in helping the prosecution in
getting more time to come up more lies to convict Dr. York. Read the pretrial
documents June 30 2003 A.D.
So this mean for 5 to 6 months Dr. Malachi York didn't know what he was being charged with in this
new indictment until November 20 2003 A.D. WOW!!!
What's interesting is that on
December 16 2003 , Judge C. Ashley Royal mention a motion
that defense attorney Mr. Frank Rubino put in earlier in the case,
to separate and sever the charges pursuant toRules 8-8A and Rule 14what the government
called money structuring and the Judge called it on pg.5 line 5
money laundering this is how this judge was helping in this
government conspiracy, now what Mr. Rubino was pointing out is
in Rule 8 is the government need to prove that the original
charges and the new charges are connected and or constitute
parts of a common scheme or plan.
What this mean is that the
government need to prove that the molestation and the
money structuring as the government calls it and the judge
calls
money laundering that our (Maku) Black Eagle/ Dr. Malachi Z
York-EL made a profit off the alleged victims while in the act
of illegal sex activity, this would be prostitution or
selling the alleged victims for a profit (the Man Act
2423) and from the Appeal and
the
Oral Argument transcripts that Attorney Adrian Patrick filed shows that
the government didn't PROVEtheir case and these Rules was put
on the record, this Federal case was over by law.
Now the money structuring according
to the government all happened in a bank of Wachovia in Athens
Georgia right, now the original charges according to the
government and the alleged victims started upstate
Sullivan County, New York to Putnam County, Georgia and the
second part of child molestation is from Putnam County, Georgia
to Orange County, Florida. Now, what's interesting is the money
that was deposited in the bank happened 6 to 7 years from
Upstate New York and 3 to 4 years after the trip to Walt Disney
World, this is part of the original charges (INTERSTATE
COMMERCE) different times and locations
that the government didn't prove the alleged victims and placing
money in a bank in Athens Georgia was related. so as you can see
the federal governments case do not prove the above Rules
and
is not valid and should have been DISMISSED .
We would like to
remind you that Maku Chief Black Eagle said, that he did not
hire Ed Garland and Manny Aurora as his attorneys when asked by
the Judge C. Ashley Royal at the bottom of pg.36 and the top of
pg.37, now our Maku continually said that he didn't trust these
lawyers that was forced on him and their actions shows us why
Maku didn't trust them, even at this hearing on pg. 19 Mr. Aurora
said, that the attorneys and Dr. Malachi Z York-El talked about
his sovereignty issues and they had a heated discussions,
yelling and screaming he said. The competency
hearing was because Maku told these so-called lawyers that he is
the Chief of a Native American Tribe of Moors of Indigenous
People of America with proof. Mr. Aurora said on pg.19 I respect
his position, but I'm not arguing it Legally. Mr. Aurora said,
that our Maku was not participating in their law jargon to place
our Maku in their illegal court hearings, Maku Chief Black Eagle
stood his ground of who he is and that this government have
NO JURISDICTION. For 1 the federal government in their
system of law had NO JURISDICTION in this case when FBI
agent Mrs.
Juliane Ward said, that the federal government didn't
have 1 witness that said Dr. Malachi Z York or Dwight D York (Misnomer)
transported or had someone transport children across State lines
for the purpose of illegal activity, right there the federal
governmentcase was over by their law No
Jurisdiction.
Now what's interesting is
on
pg. 17 of the December 16 2003 hearing the prosecution Mr.
Moultrie describes the evidence items right, and what you will
notice is that Mr. Moultrie says, "a cartoon pornographic video
which the witnesses has identified," What is strange is the
government is claiming Child Molestation and there's only (A
video) meaning -1
Child Cartoon Video, but the government and their media
advocates (HELPERS) want you the public to think Dr.
Malachi Z York-EL is some kind of child predator
4,6,8 years of age
children and the government alleges that they found 1
cartoon video used for what, to seduce the alleged child victims
right, and the FBI didn't take one child off the Yamassee Land in those age
bracket, you should be asking yourself why didn't the government
take all the children to be examined, these court transcripts
and the media transcripts don't add up, but what they do show is
the Method that the government used to Railroad our Maku Black
Thunderbird Eagle you be the judge.
When you read this article 4,6,8
years of age, you will see how the media helped the government
in slandering our Maku Black Eagle in this case from the very
beginning, this article points out there was GUNS found at Dr.
York's house, oh yeah, but according to the FBI and Putnam
County Sheriff Howard R. Sills Dr. York is a Felon and the
government didn't charge Dr. York with having illegal weapons in
his home, why not, because they lied to set Dr. York up in the
media so the public would convict Dr. York without a fair trial
and these are the facts (GOVERNMENT AND THEIR HELPERS THE
MEDIA)
Jonathan
Marks sabotaging Dr. Malachi Z York's
chance
for a New Trial with no logical law reason or case law
mentioning why and the Judge assisted him in this sabotage
against the motions the attorney Adrian Patrick filed after the
trial, please read these court proceedings and you the public be
the judge, there is NO reason or case law that Jonathan Marks or
the Judge C. Ashley Royal present to justify this blatant
sabotage, we like to point out that Dr. Malachi Z York is not at
this hearing when Jonathan Marks withdrew these very important Motions,
1 is for a new trial and the 2nd is for an acquittal, this is a
blatant sabotage at this stage in the case,
so Dr. York was not informed by this so-called attorney that he
was going to withdraw this very important Motion, please read
this transcript and you will see that Jonathan marks was
ineffective council and just one of the reasons that Dr. York
should have received a NEW TRIAL.
Now what is very interesting
about this attorney out of New York is thatJonathan
Marks was a Federal Prosecutor
this is a red flag
and with 30 years of trial
experience, but when he came to so-called represent Dr. Malachi
York on August 13, 2004 with a loaded gun a(recanting
government lead witness Habibah "Abigail" Washington) if Mr.
Marks would have presented this recanting witness to the court
for a new trial or dismissal with this new evidence, but this
well experienced attorney turn the loaded gun on his client Dr.
York and the judge helped. Please read these transcripts and you
be the judge.
Ques: Was Jonathan Marks
working for the people that hired him for Dr. York or the
Federal government?
Dr. Malachi York didn't hire
this man and who ever hired this man is the people working
against our Maku, why we say this is simple who keep hiring
people of a different nationality when the first attorneys was
of a different nationality that showed in their actions that
they were working against Dr. Malachi York and when attorney
Adrian Patrick became the lead attorney motions were being
properly filed and work was getting done, read the
Dec.
30th 2003 transcripts on page 6 on lines 13-15
attorney Patrick points out to the court that Dr. York is a
Chief of Yamassee Native American Moors of the Creek Nation,
these are the facts, just check it out.
QUES: WHY DO MALACHI Z YORK'S
SIGNATURE APPEAR ON THIS MOTION BUT NOT ON
THE
2255 MOTION WHERE HIS SISTER'S NAME APPEAR
MS. DALE YORK BROWN, IS IT BECAUSE
THEY ADDED LIES IN THAT MOTION THAT DR. YORK IS A LIBERIAN
DIPLOMAT?
READ JUDGE C. ASHLEY ROYAL
RESPONSE TO THE NEW TRIAL MOTION WHERE A LAWYER NAME JONATHAN
MARKS WITHDREW DR. MALACHI Z YORK'S MOTIONS FOR A NEW TRIAL AND
JUDGMENT FOR ACQUITTAL, WHERE THE COURTS DIDN'T FIND THESE
ACTIONS STRANGE AND WITH NO MERIT FOR DR. YORK AND ONLY HELPED
THE PROSECUTIONS CASE AGAINST DR. YORK. WHEN LOOKING AT THE
RESPONSE OF JUDGE C. ASHLEY ROYAL IT SHOWS HOW BIASED HE IS
AGAINST DR. YORK BY RULING DISMISSED ON THIS
PRO/SE MOTION
RESPONSE , FIRST NOTICE THE WAY THE COURTS SPELLS THE NAMES
ON THIS COURT DOCUMENT, THE COURT CONTINUE TO PLAY THE NAME GAME
( MALAKIA Z YORK, ISA MUHAMMAD, ISA ALIHAD MAHDI) ALL SPELLED
WRONG TO KEEP THE PUBLIC CONFUSED ABOUT WHO THE GOVERNMENT
KIDNAPPED AND CONTINUE TO TORTURE DR. YORK AND THESE DOCUMENTS PROVE THE
COURTS BIASNESS. READ HOW THIS JUDGE IS
REAL BIASED IN THIS DISMISSAL.
In the
Bond
hearing on May 9 2002 the Honorable Senator Mr. Leroy
Johnson was representing Dr. Malachi York and Ms. Kathy Johnson
and according to Dr. York attorney Johnson was forced away from
representing his client which was Dr. Malachi York. We would
like to clear up a Incorrect statement made by Mrs. Robbie
Hibner in the Mysteries Behind Closed Doors documentary video when she
said," that attorney Johnson gave up Dr. York's speedy trial,
this is incorrect because Honorable Mr. Johnson was forced away
from defending his client, the only thing Honorable Senator
Johnson put on the record for Dr. Malachi York was that he was not
guilty. The next hearing on May 13 2002 he was replaced by
Ed Garland's Law Firm which are the ones who played the time
game with Dr. York and even asked for the court to have a
psychological evaluation.
Ed Garland and M. Aurora is
saying that (Dr. Malachi York is Crazy and
incompetent). Honorable Senator Johnson only represented Dr.
York on that first day and in the proceedings there is nowhere
where attorney Mr. Johnson waived his client's speedy trial
rights. There is something we would like to point out and that
is on pgs.9 from line 5 to 23 the judge is saying that the
probation office puts together a pre-sentencing report and if
the information is not correct then that part of the information
should be reevaluated, now what we noticed in the sentencing of
Dr. York the judge C. Ashley Royal gave him time for witnesses
that testified for Dr. York, like Isa Michael Johnson who the
prosecution called to the witness as a prosecution's witness but
Isa Michael Johnson stated that he was never molested by Dr.
York, Sakina Woods is mentioned in that report and she too
testified for Dr. York saying she was never molested and the
judge gave him time for her name being in the report this is
illegal and need to be addressed by a higher authority in the
judicial system. Those are just a few names Dr. York was charged
for in that report there's many more, this is illegal and things
like that has been going on all through out this case, just read
the pretrial-transcripts and the post-trial transcripts and then
you be the witness to these atrocities against
Wow the sentencing guidelines for
the original 4 courts which all dealt with taking children
across State lines for the purpose of unlawful sexual activities
for Ms. Kathy Johnson would have been 70 to 87 months
=5
years 10 months or
7
years 3 months tops and
for Dr. Malachi York it would be
135 to 168 months =
11
years 3 months or
14
years tops, now what is the
government charging Dr. York the extra time for and please don't
say 3 alleged money structuring charges for 135 years a DEATH
SENTENCE for a crime according to special agent Ms. Julaine Ward
on pg 79 line 4 to 11 she clearly says that the government don't
have a witness that says Dr. York or Ms. Kathy Johnson took any
children across State lines for unlawful sexual activity.
Ques: Where is the Federal
Government's case in this hearing according to the 4 counts?
Ans: There is No case by law and
this is just one reason why there is No Federal Jurisdiction in
this case, because there's no offense of going across state
lines.