Jury Trial Timeline

Jan. 5, 2004- Jury Trial- Day 1
Jan. 6, 2004- Jury Trial- Day 2
Jan. 7, 2004- Jury Trial- Day 3
Jan. 8, 2004- Jury Trial- Day 4
Jan. 9, 2004- Jury Trial- Day 5
Jan. 12, 2004- Jury Trial- Day 6
Jan. 13, 2004- Jury Trial Day 7
Jan. 14, 2004- Jury Trial- Day 8
Jan. 15, 2004- Jury Trial- Day 9
Jan. 16, 2004- Jury Trial- Day 10
Jan. 19, 2004- Jury Trial- Day 11- Note this trial
still continued, on a Federal Holiday. The 3rd
Monday in January honors the civil rights leader
Rev. Dr. Martin Luther King Jr. birthday.

Jan. 20, 2004- Jury Trial- Day 12
Jan. 21, 2004- Jury Trial- Day 13
Jan. 22, 2004- Jury Trial- Day 14
Jan. 23, 2004- Jury Trial- Day 15- By the end of
the three week trial that resulted in an
“HUNG JURY” when the jury sent a note to judge
Royal asking him to relieve an elderly black juror,
claiming that the lone juror had a problem
with several of the thirteen counts against Dr.
York. Another note was sent stating that the lone
juror had said: “they are out to get him” ( York )
and that she knew of a case where a person was
convicted, but later found innocent. Within one
hour, the Jurors were recharged & sent back
into deliberation where they returned with a
Guilty verdict on counts 1, 2, 3, 4, 5, 6, 7, 9, 10,
11 & Not Guilty on counts 8 & 12.





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part 2


  Jan. 23 & 24, 2003 - Change of plea hearing was held before Judge Lawson in Macon , Ga. where a new 4 count superseding indictment was returned on Rev Malachi York. & where Rev. Malachi York was coerced by his Attorney Ed Garland to enter into a plea agreement on counts
1, 2, & 3 of the superseding indictment. Preliminary order of the forfeiture signed by Judge Hugh Lawson.
  May 27, 2003 - Pro-Se pre-sentence filings by Rev. Malachi Z. York. Why did Dr. York have to file this motion Pro-Se when he had so- called lawyers ? His so- called lawyers is the ones that recommended this evaluation, Is this a confirmation that the attorneys were working against Rev. Dr. Malachi Z York- EL (aka Maku Chief Black Thunderbird Eagle) Where Maku continued to tell the government and the court that they were violating his indigenous rights.
  June 30, 2003 - Motion hearing held before Judge Hugh Lawson re: psychiatric psychological exam and motion for change of venue.
  July 14, 2003 - Order turning over Rev. Dr. Malachi York to custody of the Attorney General for psychiatric evaluation signed by Judge Hugh Lawson.
  July 18, 2003- Order granting the recusal of Judge Hugh Lawson. Case reassigned to Judge C.A. Royal. A newly elected judge with No Experience as a judge, this was considered a high profile case, this is why an experience and well aged judge Honorable Hugh Lawson step down when he made errors and was called out by Attorney Adrian Patrick.
  Aug. 5, 2003 - Status conference held before Judge Royal in Macon, Ga.; court anticipates a Nov. term & directs defense counsel to file a motion to continue the case to a Jan. term; discussion re; Rev. Malachi York’s location & status of psychiatric evaluation; Rev. York’s counsel requests Rev. Dr. Malachi York to be housed in the Atlanta Penitentiary when he return so Mr. Garland can be closer to his client to discuss their plans about the case, this according to Dr. York did not happen he received No Visits from Mr. Garland's firm, this is one of the worst federal prison in the States.
  Sept. 9, 2003 - Motion granted by Judge Royal to set trial date for Jan.; Trial scheduled for 01/05/2004 .
  Oct. 6, 2003 - Motion to dismiss for lack of Jurisdiction filed on behalf of Rev. Dr. Malachi York by Attorney Frank Rubino.
  Oct. 24, 2003 - Status conference held before Judge Royal in Macon, Ga. Rev. Malachi York found competent to stand trial; Attorney Rubino requests that plea be withdrawn and that the plea be changed to not guilty; Court finds that guilty plea is withdrawn; defense moves to be heard on venue; the court finds that this case will not be heard in the Middle District of Ga. due to negative media saturation of the case, Cult this, Child Molester that, Stockpiling Weapons, No Respect for the Law, all of this was just one of their tactics.   Argument
by Garland re; requests additional time to prepare for trial because of superseding indictment.
  Oct. 28, 2003 - Order granted in part and denied I part; re change of venue for trial; the Court determines Rev. York couldn’t get a fair trial or impartial trial in the Macon Division of the Middle District of Georgia; but denies defense request for transfer to another venue. Case to be tried in Brunswick Division of the Southern District of Ga. Signed by Judge C.A. Royal, where he was raised and practiced law there Judge Royal pick a anonymous jury from amongst a community that he was well known in. Keep this in mind, ANONYMOUS JURY FROM HIS HOME TOWN.
  Oct. 31, 2003 - Order denying motion to Dismiss for lack of Jurisdiction signed by Judge C.A. Royal.
  Nov. 11, 2003 - Order granting motion to seal Superseding Indictment signed by Judge C.A. Royal. Why seal these documents these charges was suppose to be dealing with money structuring and we all know the financial department was ran by adults, not children what is the Government Hiding from the Public?
  Nov. 21, 2003 - Federal Grand Jury returns a 3rd indictment
with alleged violations of Federal Racketeering statutes aka Federal RICO violations. Indictment was ordered sealed by Judge C.A. Royal. What are you Hiding? We the people would like to know.
  Dec. 16, 2003 - Waiver of personal appearance at arraignment for Rev. Dr. Malachi Z. York and a plea of NOT- GUILTY to the superseding indictments were entered on his behalf by defense. Pretrial conference held before Judge Royal in Macon , Ga. ; discussion of pending motions and the court addresses counsel regarding trial & Judge Royal declares himself...."the gatekeeper" for this case. What do that mean?
  Dec. 30 & 31, 2003 - Order denying defense counsels motions to separate count 3 of these superseding indictments & to dismiss counts 1 & 2 of the superseding indictment. Order denying defense motion to dismiss the superseding indictment. Pretrial conference held before Judge Royal in Macon, Ga.; the court finds that the Jury will not be
sequestered during the trial except possibly during deliberations; ruling is reserved on this matter; the court finds that the trial will be open to spectators by way of closed circuit T.V.; the court finds that there will be no recording/mechanical devices allowed in the courtroom; US states that there are approximately 12 witnesses that should not be shown on closed circuit T.V.; the court advises counsel that the motions to suppress will be denied and that the motions to dismiss shall be denied;
defense counsel Patrick objects and renews objections; the court addresses members of the gallery re: demonstrations during the trial of this case & passes out case law.
  Jan. 2, 2004 - Order that the jury in the case will be anonymous and that the trial of this case will be closed to spectators, only properly credentialed members of the press will be allowed in the courtroom,
no spectators will be allowed in the actual courtroom; alternate site in the courthouse will be available to the public to see the trial by closed
circuit T.V.; the court further ordered that the findings of fact and conclusions of law in support of this order be filed under seal, signed by Judge C.A. Royal. Order denying motion to dismiss indictment
count 6 & count 2 Racketeering Act Three signed by Judge Royal. JUDGE ROYAL DENIES ALL MOTIONS THAT THE DEFENSE PRESENTS.
  Jan 23, 2004- Jury finds Rev. Dr. York guilty of 10 counts of child molestation and racketeering, after the jury was hung, the judge sent a note back in the deliberation room an within a hour the jury changed the verdict to guilty.
  Jan. 30, 2004 - Motion by defense for Judgment of Acquittal filed for Rev. Malachi York by Adrian Patrick.
  Feb. 4, 2004 - Motion granted for issuance of preliminary order of forfeiture signed by Judge C.A. Royal.
  Feb. 19, 2004- Motion by defense to stay forfeiture pending appeal.
  Mar. 5 & 8, 2004- Notice of claim of ownership by YFP & Third party innocent owners along with a motion to dismiss order of forfeiture
filed by attorney for landowners Robert A Ratliff.
  Apr. 23, 2004- Sentencing hearing where Rev. Malachi York was given 135- year sentence & where prosecution key witness Habibah Washington offered the first of 2 recantments. Ms. Washington gives a recantment by sworn affidavit.
  May 7, 2004- Restitution Order in the amount of $566,066 was granted & signed by Judge C.A. Royal. Notice of Appeal & Motion by Anthony Evans to stay Ancillary Hearing.
  June 30, 2004- Forfeiture hearing held before Judge Royal in Macon , Ga.
  July 5, 2004- Originally the opening Appeal brief was set to be filed on this date. The attorneys at this time were Attn Harry Charles, Attn
Jonathan Marks, and Attn Matt Robinson. However, the appeal was later held in abeyance (suspended) pending the outcome of the motions
for new trial in the District Court. Those issues were resolved on August 13th 2004 at the New Trial Hearing which resulted in the opening brief being due no later than September 27th 2004, the 11th circuit court sent notice that the opening brief was due 40 days after August 16th 2004.
  July 28, 2004- Seven Day notice to vacate was issued ordering residents of 404 Shady Dale Road to vacate property or risk eviction by the US Marshal Service & US Justice Dept. announced the Attorney General’s award for Distinguished Service would be given to Ass. US Attorney’s Richard Moultrie & Stephanie Thacker, FBI Special Agents Jalaine Ward & Joan Cronier, and Putnam County Sheriff Howard Richard Sills for their coordinated efforts in securing the investigation, prosecution & conviction of Rev. Dr. Malachi Z. York.
  Aug. 13, 2004 - Motion hearing where defense counsel Marks withdraws Rev. York’s motion for a new trial & Motion for judgment of acquittal filed by Adrian Patrick. Habiybah Washington was called to testify by defense counsel & gave a 2nd recantment. Motion by Rev. York to withdraw Jonathan Marks as Attorney due to ineffective Assistance of Counsel. (56) Aug. 24, 2004- the 11th circuit court sent notice that the opening brief was due 40 days after August 16th 2004 . Why would Rev York's attorney withdraw a new trial motion? This is not a act that a lawyer would do in the best interest of his client.
  Aug.31, 2004 - Judge Royal issued his order on the Pro-Se motion with errors. Judge Royal never cited law, rule or procedure to back his ruling. Judge Royal stated that the defendant was in error by filing Pro-Se motions. This was addressed by Adrian Patrick on Nov.9, 2004. Oral Arguments to help in Dr. York's reversal of conviction. The extension was granted and the opening appeal brief was set to be filed on November 12th 2004.
  Sept.4, 2004 - Lawyer Adrian Patrick was contacted after the gross sabotage and ineffective assistance of counsel given by Attn. Jonathan Marks at the sentencing, restitution, and new trial hearing on Aug.13, 2004. The Friends of Malachi York was formed and re-hired Mr. Patrick as lead defense counsel on behalf of the family and community of Dr. York on September 4th 2004. Mr. Patrick advised Attn Matt Robinson, who at that time was already on record at the 11th circuit appellate court, to file a motion for an extension of time to file the opening appeal brief.

This was in the best interest of Dr. York to allow Mr. Patrick time to construct the major arguments on appeal. At that time Mr. Patrick consulted with the Clerk at the 11th circuit who assured him that an extension would not be a problem. During that time, Attn Matt Robinson prepared an opening brief with 9 issues based on information he received and reviewed and sent a drafted copy to Mr. Patrick. This was done out of caution in case the extension of time was not granted. After reviewing the draft prepared by Matt Robinson, it became apparent to Mr. Patrick and Dr. York's family that the appeal must be amended/rewritten. Mr. Patrick along with Lawyer Benjamin Davis
re-drafted the opening brief adding issues which focused on reversal of the conviction and exoneration. Mr. Patrick also included and felt it necessary to request Oral Arguments to help in Dr. York's reversal of conviction. The extension was granted and the opening appeal brief was set to be filed on November 12th 2004.
  Nov. 12, 2004 - Opening appellant brief filed by Attorney’s for Rev. Malachi York.
  Jan. 18, 2005- Re-filed redacted (censored) opening brief as well as the reply to the governments appeal brief.
  Sept. 14, 2005- Attorneys for Rev. Malachi York will offer oral arguments before the 11th circuit court of appeals in Atlanta , Georgia .
  Oct. 27, 2005- The 11th U.S. Circuit Court of Appeals upheld the 2004 conviction of Rev. Dr. Malachi York that led to a 135-year prison sentence on child molestation and racketeering charges.
  Dec. 21, 2005- Rehearing Denied.
  June 9, 2005- 476- acre property was sold for $1.1 million to Lawson Lawrence a local Milledgeville developer whom plans to resell the property at a later date.
  Sept. 14, 2005- Attorneys for Rev. Malachi York will offer oral arguments before the 11th circuit court of appeals in Atlanta , Georgia .
  May 22, 2006- A Petition for a Writ of Certiorari (A decision by the Supreme Court to hear an appeal from a lower court.) was filed by Attorney Robert Bryan on behalf of Rev. Dr. Malachi Z. York








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