| Homepage | Translator | US Crusade | Trinicenter | Terms of use |
|
|
|
| Rasta Links | Free for All Archive | Free for All Board | Rastafari Speaks Board |
|
This board contains posts from the previous month and the current month. Search Archives for older posts. |
| |
York trial Judge hits EJECT button..
Posted By: pharonic
Date: Tuesday, 22 July 2003, at 10:44 a.m.
MaconTelegraph.com
Tue, Jul. 22, 2003Judge recuses himself from York's trial
by Rob Peecher
Telegraph Staff WriterThe judge hearing the case of cult leader and confessed child molester Malachi York has stepped aside at the request of York's lawyers.
In an order filed late last Friday, U.S. District Judge Hugh Lawson recused himself from the case.
Lawson rejected a plea agreement reached between the U.S. Attorney's Office and the defense, and his decision opens the door again for York's guilty plea to go through.
In January, York pleaded guilty in both federal and state courts to numerous charges involving child molestation. In June, Lawson rejected York's deal with federal prosecutors, after telling lawyers in the case that he thought the proposed 15 year sentence was too lenient.
Early, this month, York's lawyers asked Lawson to remove himself from the case, arguing that he had interfered in the plea-bargain process by stating what he thought would be an appropriate sentence.
Both guilty pleas still stand, though York has the opportunity to withdraw the plea because Lawson rejected the plea agreement.
Manny Arora, one of York's defense attorneys, said Monday that the defense will ask the new judge to accept that plea.
"We're not sure who the new judge is or anything about him", Arora said. "We will also ask this judge to accept the plea as it was negotiated, but the U.S. Attorney may have a different point of view, and the new judge, obviously , has to make his own decision as to whether he will accept this plea or not."
U.S. Attorney Max Wood declined to comment on whether the government would oppose the guilty plea. However, there have been two hearings since Lawson first rejected the plea agreement, and York has not withdrawn his guilty plea either.
According to the plea agreement, York would have spent 15 years in a federal prison. A 15-year negotiated state sentence was to run concurrent with federal sentence. In his order recusing himself, Lawson said he rejected the plea agreement in May because he thought York should serve at least 20 years in prison.
May 28, Lawson "met with counsel for the government and counsel for the defendant for the purpose of advising them that the court had decided to reject the plea agreement previously negotiated by the government and the defendant," Lawson wrote in his order. "The court explained that after consideration...the court had come to the conclusion that the 15 year sentence to be imposed under the plea agreement was too lenient."
According to the order, Lawson then "indicated that a sentence of 20 years might be acceptable."
July 10, York's lawyers Ed Garland and Arora argued that Lawson had improperly participated in the negotiations and asked the judge remove himself from the case. Lase Friday , Lawson signed the order doing just that.
The U.S. district clerk of court's office will be responsible for appointing a new judge to the case, but Wood said he didn't know how long that would take.
"The ruling doesn't change anything we're doing," Wood said. "We're preparing for trial . We have many excellent judges in our district , and we'll be ready for trial whoever the judge is, wherever the trial is and whenever the trial is."............
In closing the fact remains an ILLEGAL CORRUPT DOUBLE DEALING JUDGE has self-banished himself from the York Case opening up a cacophany of legal options for the DEFENDANT ! Again, nothing has been settled other than a SELF RIGHTEOUS FLAKE OF A JUDGE pushing the professional equivalent of suicide by realizing he can never be a true JUDGE based on his biased impartiality !! ALL FALSE THINGS PERISH !
| |
Forum is maintained by Administrator with RastafariSpeaks 5.12.