Case Summary

The Bogus case against H.E. Rev. Dr. Malachi Kobina Yorke

Kidnapping and Pre-Trial Detention

On May 8, 2002 A.D . H.E. Rev. Dr. Malachi Kobina Yorke 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 church 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,

Rev.Dr. Malachi K. Yorke 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 K. Yorke 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 church property. He has even aided them in finding persons that were suspected to be affiliated with the church, 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., Rev. Dr. Yorke 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 K. 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 K. Yorke as a final effort to take the land and get rid of the Church located at 404 Shady Dale Road, Holy Tabernacle Ministries. Dr. Yorke has continually stated his innocence and has been ignored.

H.E. Rev. Dr. Malachi Kobina Yorke 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 K. Yorke 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 K. Yorke 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 K. Yorke was set free, the acts for which he was being accused of would continue.

Judge Hicks denied Dr.Malachi K. Yorke 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 K. Yorke 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 K. Yorke was indicted three separate times by the State trying to cover their previous mistakes, an outright violation of the law. These charges involve 13 teenagers, 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 any signs of ever being molested.

Out of the eight that remain, 3 have recanted their statements and the 5 that continue to accuse Dr. Yorke were individuals left the church property after being reprimanded for indecent behaviour 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 K. Yorke 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.

H.E. Rev. Dr. Malachi Kobina Yorke 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, 2002 A.D. and the State Court on January 24, 2002 A.D.

Dr. Yorke 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 church members if he persisted to taking his case to trial.

Former defense attorneys Edward T.M. Garland and Manny Arora attempted to have Dr. Yorke committed to a federal mental institution for evaluation to see if he was mentally competent to stand trial. Dr. Malachi K. Yorke 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 K. Yorke 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 K. Yorke argue the issue of his Native American status and putting it on the court record that he must to 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 K. Yorke is a descendant of Ben Yorke 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 been

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 K. Yorke 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 K. Yorke from receiving a fair trial.

In a letter drafted by Asst. District Attorney Richard Moultrie and sent to Attorney Edward T.M. 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 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.

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 K. 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.

After nearly two years in pretrial detention, January 5th 2004 A.D. marked the start of the Federal trial against our Rev. Dr. Malachi K. 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 pedophiles and child molesters. 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.

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.

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 Rev. Dr.

Malachi K. 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 Rev. Dr. Malachi K. 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 H.E. Rev. Dr. Malachi Kobina Yorke 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 Rev. Dr. Malachi K.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 H.E. Rev. Dr. Malachi Kobina Yorke 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 K. 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, molesting minors and much more.

Defense had witnesses that attacked every aspect of the prosecutions allegations.

These witnesses refuted all of their BOGUS claims including: H.E. Rev. Dr. Malachi Kobina Yorke 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 Yorke 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 H.E. Rev. Dr. Malachi Kobina Yorke where Mr. Yorke says "I am NOT Jesus

or a Prophet". So much for those allegations!!!

H.E. Rev. Dr. Malachi Yorke 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 K. York.

H.E. Rev. Dr. Malachi Kobina Yorke transported or caused minors to be

Even the prosecution's own witnesses testified that Malachi Yorke did NOT transport any

alleged victims from New York to Georgia. They testified that they traveled with their

parents or others, but not with Rev. Dr. Malachi York. The defense witnesses testified

that H.E. Rev. Dr. Malachi Kobina Yorke did NOT order anyone to travel to Georgia

from New York.

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

Yorke had control over people. All of the defense witnesses laughed at the U.S. Attorney

when this issue came up in court.

The Government claims that Malachi Yorke ordered his followers to refer to him as

Imam Isa, which they say means “Father” and “Jesus” respectively. Firstly, no one

testified that Rev. Dr. Malachi Yorke 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.

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 K. Yorke reported well over 1 MILLION dollars in taxes for EACH year. He

also testified that Malachi Yorke paid MORE taxes that he should have for each of those

years. Dr. Malachi K. Yorke 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 K. Yorke even open a bank account if he was trying to evade

reporting requirements?

On April 23, 2004 A.D ., H.E. Rev. Dr. Malachi K. Yorke 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 H.E. Rev. Dr. Malachi Kobina Yorke 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 criminal case against H.E. Rev. Dr. Malachi K Yorke was appealed to the United

States 11 th 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. Yorke’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 (the church 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. Yorke’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. Yorke’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. Yorke’s case; demonstrating negative sentiments against Dr. York and members of the church he founded; insinuating the threat of violence from church members, profiling its

predominantly African American and Latino congregation; refusal to give Dr. Yorke a continuance leaving him within violation of Federal Rules of Criminal Procedure 56 (c); presiding on cases of other Nuwaupians 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.

Present-Day

Dr. Yorke 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. Yorke 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. In addition he cannot go on the yard because he has Acute Hereditary Angioedema, a potentially fatal condition, and in case of a crisis, he would not be able to get any help. As his attacks also can include swelling of his throat, he needs immediate assistance when they occur. If any type of inclement weather condition happens such as rain or snow, he is 64 years old and could endanger his well being if the weather changes is unable to make it back into the facility.

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.

H.E. Rev. Dr. Malachi Kobina Yorke 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.