Judge rejects York's guilty plea, sets hearing for

Posted By: willie survive
Date: Saturday, 28 June 2003, at 6:34 a.m.

Judge rejects York's guilty plea, sets hearing for Monday

By Payton Towns III - The Union-Recorder

A federal judge signed an order rejecting the guilty plea of Malakai Z. York and set a hearing for Monday in Federal Court.

Judge Hugh Lawson signed the order Thursday afternoon and set up a hearing about York's sentencing for 1:30 p.m. Monday at the U.S. District Court in Macon, said Pamela W. Lightsey, community relations specialist with the Middle District of Georgia.

Lawson pushed back the sentencing on May 28, one day before the Nuwaubian leader was scheduled to be sentenced. York was also scheduled to appear in Putnam Superior Court on May 30 at the Putnam County Courthouse.

On Jan. 23, York pleaded guilty in federal court to one count of violating the Mann Act (transporting minors across state lines for immoral purposes) and one count of structuring monetary transactions.

As part of his plea agreement, York admitted to transporting minors from New York to Georgia for the purpose of sexual abuse, including sexual intercourse and sodomy.

With his plea, York could be sentenced to no less than 15 years in federal prison. York has agreed to forfeit $414,000 and his interest in all firearms that were seized in the compound and in his residence in Athens in May 2002.

York also will have to face more than 75 counts to which he pleaded guilty on Jan. 24: 40 counts of aggravated child molestation, 34 counts of child molestation, one count of sexual exploitation and two counts of influencing witnesses.

According to Fred Bright, district attorney of the Ocmulgee Judicial Circuit, the plea was structured to equal a total of 50 years in prison but require service of 14 years. The remaining 36 years would be on probation. The sentence would run concurrent with York's federal sentence.

York would also have to comply with the general conditions of probation and any and all probation will be served under all the sex offender conditions.

The plea agreement also stipulated that York must pay Putnam County $15,000 in fines and restitution of up to $150,000 for the victims.

Any and all money ordered by the court is to be taken from the $414,000 in cash seized from and forfeited by the defendant pursuant to his federal agreement.

The final part of the sentence was that York would be banished completely from the eight counties of the Ocmulgee Judicial Circuit (Putnam, Baldwin, Jones, Hancock, Wilkinson, Jasper, Greene and Morgan) and the two counties of the Alcovy Judicial Circuit (Newton and Walton) where the trial was scheduled to be held.

York along with his wife, Kathy Johnson, Chandra Lampkin, Khadijah Merritt and Isityr Cole were all indicted by a Putnam County grand jury May 13, 2002, and were reindicted Oct. 3, 2002.

On April 30, Johnson pleaded guilty before a federal judge to the felony offense of misprision of a felony. Johnson's plea agreement included her admitting that her husband transported minors in interstate commerce for unlawful sexual purposes but failed to do anything about it, Lightsey said.

The offense carries a maximum sentence of three years imprisonment, a $250,000 fine or both.

On the state level, Johnson has been charged with 10 counts of child molestation and one count of aggravated child molestation. On Sept. 5, 2002, Johnson's lawyer filed a demand for a speedy trial. Brian Steele argued in a Jan. 16 hearing in Putnam County that his demand for a speedy trial for his client had expired. Prior denied the motion, and Steele appealed the decision.

Bright said the case was docketed in the Court of Appeals on March 17. The case is set for oral argument in the Court of Appeals on Wednesday.

Lampkin, who is charged with three counts of child molestation and two counts of aggravated child molestation, Merritt, who is charged with eight counts of child molestation and three counts of aggravated child molestation, and Cole, who was indicted on one count of child molestation, are out on bond and still awaiting trial.

Payton Towns III covers law enforcement, the court system and Baldwin County education for The Union-Recorder. He can be reached at (478) 453-1456 or by e-mail at newsroom@unionrecorder.com

Messages In This Thread

Judge rejects York's guilty plea, sets hearing for
willie survive -- Saturday, 28 June 2003, at 6:34 a.m.

Re: Judge rejects York's guilty plea, sets hearing
Eshe -- Saturday, 28 June 2003, at 9:53 a.m.