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Sect Leader May Get Trial in Child Molestation....
Posted By: Isis1
Date: Friday, 27 June 2003, at 8:57 a.m.
Sect leader may get trial in child molestation case
By BILL OSINSKI
The Atlanta Journal-ConstitutionW.A. Bridges Jr. / AJC
Dwight York made a deal with the feds for a guilty plea, but a judge rejected it.A federal judge has rejected the plea bargain in the Dwight York child molestation case, making it possible for York to demand a trial on charges to which he has already pleaded guilty.
U.S. District Court Judge Hugh Lawson struck down the deal made between federal prosecutors and York's attorneys. The ruling was made public Thursday. Lawson set a hearing on the case for Monday in Macon.
Defense attorneys said the action raises new legal issues.
"Everybody knows he's pled guilty, so it's going to be hard for him to get a fair trial," said Atlanta attorney Manny Arora, who represents York.
York, 58, was the leader of a pseudo-religious group called the United Nuwaubian Nation of Moors. The group was based on a 400-acre farm in rural Putnam County, but it recruited members through a network of bookshops throughout the major cities of Georgia and other states.
On Jan. 23, York pleaded guilty in federal court to one count of transporting children across state lines for the purpose of illegal sex and to one count of illegally structuring cash transactions.
The next day, he pleaded guilty in state court in Putnam County to 77 counts related to child molestation.
As part of the plea bargain, state and federal prosecutors agreed to recommend that York be given a prison sentence that would make him eligible for parole in approximately 12 years.
Lawson said he could not discuss the reasons for his rejection order.
Arora said York's deal with state prosecutors remains in place, as far as he is concerned. However, he added, the plan of the agreement was for the federal case to proceed before the state case.
At the hearing Monday, York will be asked to announce his decision on whether to withdraw his guilty plea, Arora said.
If he decides to go to trial, that would cause problems for both sides, Arora said.
"Some of their witnesses are gone; some of our witnesses are gone," he said. "The expenses would be outrageous."
Also, Arora would likely move for another change of venue. The state case had been set for trial in Covington, but a new trial would have to be held "way farther away," he said.
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