Re: Judge rejects York's guilty plea, sets hearing

Posted By: Eshe
Date: Saturday, 28 June 2003, at 9:53 a.m.

In Response To: Judge rejects York's guilty plea, sets hearing for (willie survive)

EATONTON - U.S. District Court Judge Hugh Lawson on Wednesday rejected the plea agreement reached by confessed child molester and cult leader Malachi York, giving York the opportunity to withdraw his plea and go to trial.

York pleaded guilty in January to taking children across state lines for the purpose of having sex with them and to evading federal financial reporting requirements. He was scheduled to be sentenced last month, but the sentencing was postponed.

Lawson's rejection order, which was sealed until Friday, says without further explanation that "the court has now read and considered the presentence report and rejects the plea agreement."

The sentence stipulated in the plea agreement "is not within the applicable guideline range and the stipulated sentence does not depart from the applicable guideline range for justifiable reasons," Lawson wrote.

The order also advises York that he can withdraw his plea of guilty, but should he "persist with the plea, the sentence imposed on him may be less favorable than the sentence contemplated by the original plea agreement."

Under York's plea agreement, he is to serve 15 years in federal prison and 14 years in confinement for the state charges, to run concurrent with the federal prison time.

Efforts Friday to reach York's attorneys, Ed Garland and Manny Arora, were unsuccessful.

Lawson has scheduled a hearing for Monday to consider motions for a change of venue and for a psychological or psychiatric evaluation of York. York is also expected to announce if he will continue with his plea of guilty or move forward with a trial.

Also Friday, officials were scratching their heads over an apparent attempt to set York free by people claiming to represent something called the "Yamassee Native American Government."

The Putnam County Sheriff's Office on Friday received a packet of documents ordering that York be released. Among the documents are papers claiming to be from the "Yamassee Native American Government" and the "Mt. Arafat Embassy" charging that "diplomats" of the government and embassy are "being inconvenienced by US Governmental and private employees." A marking of an Egyptian-style hieroglyphic similar to a watermark is on many of the pages.

The last portion of the packet is a six-page document claiming to be an "Exparte Order for Release" in which "Dr. Derrick H. Sanders El, Elder, Grand Master Consul, for Mt. Arafat Embassy of The Yamasee Native American Government, Original Cherokee, Siminole, Creek, Shushuni, Washita Mound Builders" demands York's release.

York, the order claims, "is not a legal 'person' born or naturalized in the federal 'United States' not subject to the jurisdiction of the legislative democracy of the federal 'United States' or any territory 'within the United States.'

"It is hereby ordered that all documents and all property taken from (York) be released to (him), and it is further ordered that (York) be released 'instanter' to the custody of Mt. Arafat Embassy to be secured by the Yamassee Native Americans."

Also in the packet is a document purportedly signed by Gov. Sonny Perdue and bearing what appears to be a printed copy of the state seal. The document does not address York's "release" but was the first document in the packet.

Kimberly King, a spokeswoman for Perdue, said the document with his signature, at least, appears to be a forgery.
"By all accounts, these documents appear to be fake," King said.

Putnam County Sheriff Howard Sills said the documents bear at least some resemblance to other documents sent to him by York's followers - documents that claim the sheriff and judges and others have violated "common law" and documents ordering the county coroner to arrest the sheriff.

"This is not, certainly, anything new to us," Sills said. "This, however, appears to be the most elaborate package of ridiculous documents, certainly the first one supposedly certified in any way by the governor of this state."

York also pleaded guilty in January to 77 state counts of child molestation, child exploitation and interference with a witness. He has not been sentenced on the state charges, but according to the plea would serve 14 years in confinement to be followed by 36 years on probation.

Sills predicted that the federal court will begin to see more "foolishness" like the order for York's release if his case proceeds to trial.

"Given the circumstances of what's going on with this hearing Monday, I think this is just the precursor or prelude to what I fear may be Mr. York being allowed to make a mockery of the entire criminal justice system," Sills said.

Pam Lightsey, a spokeswoman for the U.S. Attorney's office in Macon, said federal prosecutors are ready to take York to trial if he chooses to withdraw his plea.

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.