In this video the prosecution names the witness
list, what we would like to point out is the naming order
A video surfaced on
YouTube where Dr. Malachi Z. York excepted a plea bar-gain.
Ques: Where did
this video originate from? Who shot this footage?
Ques: Who allowed this
footage to appear on www.YouTube.com? and Why was it allowed?
Games the
government played in this illegal case against Chief Black Eagle
of the Yamassee Native American Moors, the tactics used and the
out come of this case shows the evils this government will do
and have been doing to INNOCENT PEOPLE for ages, we will keep
fighting and exposing the lies that the U.S. Government have
been telling the public like, Dwight D York this is not the name
of our Chief and never was his name
What's interesting is, if you have ever been inside the Putnam
County courthouse, located in Eatonton, Georgia, the video footage
was being shot at right side of the Judge. this would be your
witness box or your jury box. The way it was shot and where it was
shot had to have official clearance. Ask yourself, is this a
modern day lynching for Putnam County? Putnam County is known for
having the most black hangings in the state of Georgia. Listen to
this term, The Tar Baby Race. It was mentioned in the book by
David Moreland "Chicken come home to roost, that they would hot
tar black people and throw feathers on them. This is what this
term represents.
The Judge closed
the courtroom and transcript to protect the so called victims.
But in this video they revealed all of the government witnesses
first and last name. This video is a contradiction to their
so called intention to closed the courtroom to protect the alleged
victims.
Why is the State
Judge Calling Mr. York in this court proceeding Malachi Z York,
if his
name is Dwight D, York
Because that's
Mr. York's REAL Name ( Malachi York )
IN THIS VIDEO YOU WILL
HEAR THE STATE JUDGE EXCEPT THE PLEA AGREEMENT BETWEEN THE
PROSECUTION AND MALACHI Z YORK SO FOR ALL THE PEOPLE THAT IS
LYING TO THE WORLD ABOUT MALACHI YORK'S NAME IT IS (MALACHI
YORK).
WHY IS THE FEDERAL
GOVERNMENT LYING TO THE WORLD ABOUT MALACHI YORK'S LEGAL NAME,
THEY CALL MALACHI YORK (DWIGHT D YORK) ?
THE FBI AND THE JUDGES IN
THIS CASE IS VIOLATING THE LAW RIGHT IN FRONT OF THE WORLD AND
NOBODY IS PAYING FOR IT BUT MALACHI YORK THE CHIEF OF THE
YAMASSEE MOORS OF THE CREEK NATION.
Everyone knows when a plea
is offered to you the attorneys and the government agree on the
charges and the amount of time given, so when Mr. York excepted
this plea and said no one promised him anything is what the
attorneys tell you to say in front of the judge ASK anyone that
ever took a plea agreement this was discussed in the meeting
before Mr. York faced the judge.
What we all should be
asking is, why did the government offer Mr. Malachi York a plea,
when the government said through the media that they had a open
and shut case with all kinds of proof that is Pictures, Video's
and more. to reach an agreement of 15 years is not a indication
that the government had an open and shut case, the government had
so- called evidence taken in the raid from the properties for 9
months from May 8, 2002 to Jan. 23, 2003 you do the math. the
government was faced with lying disgruntle Ex- Members that
according the Abigail Washington the governments lead witness that
they was threaten and coerce into making these allegations. Watch
the video she tell all about the conspiracy. Free Dr. Malachi
York that's what Judge Wingfield calls him 9 months
after the arrest not Dwight York.
Why
did the prosecution reach an agreement of 15 years if Dr.
Malachi Z York was this horrible man that the government and the
media plastered all around the world, according to 33.3 (A) the
prosecution reaches this agreement with all the charges and
nature of the case at hand ?
Come
on, the video tape of Dr. York pleading guilty was one of the
tactics that the government needed to help paint a negative
picture of Dr. York, so the public would forget all the
wonderful achievements Dr. Malachi Z York also known as (Maku)
Chief of the Yamassee Native American Moors have accomplished.
York getting a lot of jail mail
The Macon Telegraph March 2, 2003
By Rob Peecher
Gray -- Cult leader Malachi York remains popular among at least
some of his followers a month after pleading guilty to 75 counts
of child molestation.
York, who pleaded guilty to state and federal charges but has
not yet been sentenced by a federal judge, is waiting in the
Jones County jail to be sentenced and taken to a federal prison.
In jail, he is receiving significantly more mail than other
inmates.
"He does get a lot of mail," said Jones County Sheriff's Maj.
Barbara Burnette. "He gets a pile where the average inmate gets
one or two letters a day."
Burnette said York is receiving as many as 20 or 30 letters a
day, and some of the envelopes contain money.
"He gets books and stuff people send him - books, cards, letters
and money," Burnette said.
Burnette did not release the amount of money York has received
since entering the jail Jan. 24, the day he pleaded guilty, but
she did say it is far more than any other inmate.
Before pleading guilty, York was in custody at the Putnam County
Sheriff's Office where he received fewer letters but still more
than average, according to administrative assistant Teresa
Slade.
York was in the Putnam County jail Jan. 6-24 when he pleaded
guilty and was transferred to Jones County.
In those 18 days, York received money from three or four
visitors totaling $230. The money went into an account managed
by the sheriff's office through which York could buy a variety
of personal items once a week ranging from toothpaste to shaving
lotion to candies and snacks.
In his three weeks at the Putnam County jail, York spent a total
of $254 in two separate "store-call" purchases.
York is the founder of the United Nuwaubian Nation of Moors, a
quasi-religious organization he began in Brooklyn, N.Y., in the
early 1970s as an Islamic sect. The group moved to a 476-acre
farm in 1993, and York began claiming to be an alien from the
planet Rizq.
In recent years the Nuwaubians have adopted ancient Egyptian
themes, building pyramids and other Egyptian-style structures on
its compound.
York was arrested on federal warrants in May and was
subsequently indicted by a Putnam County grand jury in a
208-count indictment. In January, York pleaded guilty to two
federal charges - one of financial fraud and another of
transporting children across state lines for sexual purposes. He
also pleaded guilty to 77 state counts involving child sexual
molestation and two counts of influencing a witness.
York is expected to be sentenced to serve 13 years in a federal
prison with his state sentence to run concurrent. He will be
71-years-old when he is eligible for parole.
Four women who were among his followers also face state charges
of participating in the child molestation with York.
When he pleaded guilty, he implicated each of the four women in
the counts he pleaded guilty to, but the four women remain free
on bond and have not been tried yet.
Rule 33. Pleading by defendant.
Rule 33.1. Alternatives.
Rule 33.2. Aid of counsel Time for
deliberation.
Rule 33.3. Propriety of plea discussions
and plea agreements.
Rule 33.4. Relationship between defense
counsel and client.
Rule 33.5. Responsibilities of the trial
judge.
Rule 33.6. Consideration of plea in
final disposition.
Rule 33.7. Determining voluntariness of
plea.
Rule 33.8. Defendant to be informed.
Rule 33.9. Determining accuracy of plea.
Rule 33.10. Stating intention to reject
the plea agreement.
Rule 33.11. Record of proceedings.
Rule 33.12. Plea withdrawal.
Rule 33.1. Alternatives.
(A) A defendant may plead guilty not guilty, or
in the discretion of the judge, nolo contendere. A plea of guilty
or nolo contendere should be received only from the defendant
personally in open court, except when the defendant is a
corporation, in which case the plea may be entered by counsel or a
corporate officer.
(B) A defendant may plead nolo contendere only
with the consent of the judge. Such a plea should be accepted by
the judge only after due consideration of the views of the parties
and the interest of the public in the effective administration of
justice. Procedurally, a plea of nolo contendere should be handled
under these rules in a manner similar to a plea of guilty. [In
state court, see State Court Rule 33.1.]
Rule 33.2. Aid of counsel Time for
deliberation.
(A) A defendant shall not be called upon to
plead before having an opportunity to retain counsel, or if
defendant is eligible for appointment of counsel, until counsel
has been appointed or right to counsel waived. A defendant with
counsel shall not be required to enter a plea if counsel makes a
reasonable request for additional time to represent the defendants
interest, or if the defendant has not had a reasonable time to
consult with counsel.
(B) A defendant without counsel should not be
called upon to plead to any offense without having had a
reasonable time to consider his decision. When a defendant without
counsel tenders a plea of guilty or nolo contendere to an offense,
the court should not accept the plea unless it is reaffirmed by
the defendant after a reasonable time for deliberation, following
the advice from the court required in section 33.8.
Rule 33.3. Propriety of plea discussions
and plea agreements.
(A) In
cases in which it appears that the interests of the public in the
effective administration of criminal justice (as stated in section
33.6) would thereby be served, the prosecuting attorney may engage
in plea discussions for the purpose of reaching a plea agreement.
The prosecuting attorney should engage in plea discussions or
reach a plea agreement with the defendant only through defense
counsel, except when the defendant is not eligible for or does not
desire appointment of counsel and has not retained counsel.
(B) The
prosecuting attorney, in reaching a plea agreement, may agree to
one or more of the following, as dictated by the circumstances of
the individual case:
(1) to make or not to oppose favorable
recommendations as to the sentence which should be imposed if the
defendant enters a plea of guilty or nolo contendere;
(2) to seek or not to oppose dismissal of the
offense charged if the defendant enters a plea of guilty or nolo
contendere to another offense reasonably related to defendants
conduct; or,
(3) to seek or not to oppose dismissal of other
charges or potential charges against the defendant if the
defendant enters a plea of guilty or nolo contendere.
Rule 33.4. Relationship between defense
counsel and client.
(A) Defense counsel should conclude a plea
agreement only with the consent of the defendant, and should
ensure that the decision to enter or not enter a plea of guilty or
nolo contendere is ultimately made by the defendant.
(B) To
aid the defendant in reaching a decision, defense counsel, after
appropriate investigation, should advise the defendant of the
alternatives available and of considerations deemed important by
him in reaching a decision.
Rule 33.5. Responsibilities of the trial
judge.
(A) The trial judge should not participate in
plea discussions.
(B) If a tentative plea agreement has been
reached, upon request of the parties, the trial judge may permit
the parties to disclose the tentative agreement and the reasons
therefor in advance of the time for the tendering of the plea. The
judge may then indicate to the prosecuting attorney and defense
counsel whether the judge will likely concur in the proposed
disposition if the information developed in the plea hearing or
presented in the presentence report is consistent with the
representations made by the parties. If the trial judge concurs
but the final disposition differs from that contemplated by the
plea agreement, then the judge shall state for the record what
information in the presentence report or hearing contributed to
the decision not to sentence in accordance with the plea
agreement.
(C) When a plea of guilt or nolo contendere is
tendered or received as a result of a plea agreement, the trial
judge should give the agreement due consideration, but
notwithstanding its existence, must reach an independent decision
on whether to grant charge or sentence leniency under the
principles set forth in section 33.6 of these rules.
Rule 33.6. Consideration of plea in
final disposition.
(A) It
is proper for the judge to grant charge and sentence leniency to
defendants who enter pleas of guilty or
nolo
contendere
when the interests of the public in the effective administration
of criminal Justice are thereby served. Among the considerations
which are appropriate in determining this question are:
(1) that the defendant by entering a plea has
aided in ensuring the prompt and certain application of
correctional measures;
(2) that the defendant has acknowledged guilt
and shown a willingness to assume responsibility for conduct;
(3) that the leniency will make possible
alternative correctional measures which are better adapted to
achieving rehabilitative, protective, deterrent or other purposes
of correctional treatment, or will prevent undue harm to the
defendant from the form of conviction;
(4) that the defendant has made public trial
unnecessary when there are good reasons for not having the case
dealt with in a public trial;
(5) that the defendant has given or offered
cooperation when such cooperation has resulted or may result in
the successful prosecution of other off engaged in equally
"serious or more serious criminal conduct;
(6) that the defendant by entering a plea has
aided in avoiding delay (including delay due to crowded dockets)
in the disposition of other cases and thereby has increased the
probability of prompt and certain application of correctional
measures to other offenders.
(B) The judge should not impose upon a defendant
any sentence in excess of that which would be justified by any of
the rehabilitative, protective, deterrent or other purposes of the
criminal law merely because the defendant has chosen to require
the prosecution to prove the defendants guilt at trial rather than
to enter a plea of guilty or nolo contendere.
Rule 33.7. Determining voluntariness of
plea.
The judge shall not accept a plea of guilty or
nolo contendere without first determining, on the record, that the
plea is voluntary. By inquiry of the prosecuting attorney and
defense counsel, the judge should determine whether the tendered
plea is the result of prior plea discussions and a plea agreement,
and, if it is, what agreement has been reached. If the prosecuting
attorney has agreed to seek charge or sentence leniency which must
be approved by the judge, the judge must advise the defendant
personally that the recommendations of the prosecuting attorney
are not binding on the judge. The judge should then address the
defendant personally and determine whether any other promises or
any force or threats were used to obtain the plea.
Rule 33.8. Defendant to be informed.
The judge should not accept a plea of guilty or
nolo contendere from a defendant without first:
(A) Determining on the record that the defendant
understands the nature of the charge(s);
(B) Informing the defendant on the record that
by entering a plea of guilty or nolo contendere one waives:
(1) the right to trial by jury;
(2) the presumption of innocence;
(3) the right to confront witnesses against
oneself;
(4) the right to subpoena witnesses;
(5) the right to testify and to offer other
evidence;
(6) the right to assistance of counsel during
trial;
(7) the right not to incriminate oneself; and
that by pleading not guilty or remaining silent and not entering a
plea, one obtains a jury trial; and
(C) Informing the defendant on the record:
(1) of the terms of any negotiated plea;
(2) that a plea of guilty may have an impact on
his or her immigration status if the defendant is not a citizen of
the united states:
(3) the maximum possible sentence on the charge,
including that possible from consecutive sentences and enhanced
sentences where provided by law; and/or,
(4) of the mandatory minimum sentence, if any,
on the charge. This information may be developed by questions from
the judge, the district attorney or the defense attorney or a
combination of any of these.
Rule 33.9. Determining accuracy of plea.
Notwithstanding the acceptance of a plea of
guilty, the judgment should not be entered upon such plea without
such inquiry on the record as may satisfy the judge that there is
a factual basis for the plea.
Rule 33.10. Stating intention to reject
the plea agreement.
If the trial court intends to reject the plea
agreement, the trial court shall, on the record, inform the
defendant personally that (1) the trial court is not bound by any
plea agreement; (2) the trial court intends to reject the plea
agreement presently before it; (3) the disposition of the present
case may be less favorable to the defendant than that contemplated
by the plea agreement; and (4) that the defendant may then
withdraw his or her guilty plea as a matter of right. If the plea
is not then withdrawn, sentence may be pronounced.
Rule 33.11. Record of proceedings.
A verbatim record of the proceedings at which a
defendant enters a plea of guilty or nolo contendere shall be made
and preserved. The record should include:
(A) the inquiry into the voluntariness of the
plea (as required in section 33.7);
(B) the advice to the defendant (as required in
section 33.8);
(C) the inquiry into the accuracy of the plea
(as required in section 33.9), and, if applicable;
(D) the notice to the defendant that the trial
court intends to reject the plea agreement and the defendants
right to withdraw the guilty plea before sentence is pronounced.
[In state court, see State Court Rule 33.11.]
Rule 33.12. Plea withdrawal.
(A) After sentence is pronounced, the judge
should allow the defendant to withdraw his plea of guilty or nolo
contendere whenever the defendant, upon a timely motion for
withdrawal, proves that withdrawal is necessary to correct a
manifest injustice.
(B) In the absence of a showing that withdrawal
is necessary to correct a manifest injustice, a defendant may not
withdraw a plea of guilty or nolo contendere as a matter of right
once sentence has been pronounced by the judge.
What others
are saying? Courtesy
Of
www.aPublicOutcry.com And Larry Darenbourg
The tragic facts and motives (behind) the (planned) take down
of "Malachi" Z. York and the
systematic dismantling of The United Nuwaubian Nation Of
Moors! - Rev. York's (doctrine) is not restricted to but
inclusive of the historically accurate ethnicity of many
prominent, biblical figures! Authoring over 400 books if
sometimes frank and always revealing content on every
subject, his, Dr. York's dynamic and progressive teachings encourages
unity and doing for self and kind, unencumbered by sometimes
restricting, socially excepted norms, especially in antebellum
Southern Georgia. "His teachings", combined with Nuwuabians
accelerated growth, created a backlash conglomerate of enemies
on all levels, networking to bring a halt to this "ideology"
now being (globally) embraced, which fear of, lead to a
"criminal witch hunt", resulting in a bogus plea agreement,
. . .read more |
Why did the government
need to offer a plea bargain, if they had an open and shut
case. During the raid they took a truck load of personal
belongings and personal properties as evidence. Out of
this truck load of evidence only 3 items were used in the
trial that didn't prove the government case.
The deal they offered to Dr.
Malachi Z. York if he pleaded guilty was: That the 3 women
arrested with him were to be freed and he would serve a
maximum of 15 years in prison.
Is this the government's way of getting Dr. Malachi Z.
York to plead guilty on video? And then release this video
on the internet. Is this a conspiracy to defame and
character assassinate Dr. Malachi Z. York further? Then
pull back the plead bargain, Dr. Malachi Z York was willing
to sacrifice his life for these 3 women.
We know this to be a fact because up until this point all
of them were still in custody, when Dr. York took the plea
the women was released on a bond.
Question: Why didn't
the government give Dr. York a bond, so he could prepare
for his case? |
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