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York's lawyers ask for molestation trial .........

Posted By: Isis1
Date: Wednesday, 20 August 2003, at 3:45 p.m.

Posted on Wed, Aug. 20, 2003

York's lawyers ask for molestation trial to be delayed until Jan.

Associated Press

Lawyers for the leader of the United Nuwaubian Nation of Moors have asked that his federal child molestation trial be delayed until January.

A motion filed last week on behalf of Dwight "Malachi" York said more time was needed for trial preparation in light of court-ordered psychiatric testing that is being done on their client.

The evaluation is to be performed under the order of the new judge in York's case, U.S. District Court Judge C. Ashley Royal, who denied York's recent motion to void an earlier order for a psychological exam made by Royal's predecessor.

U.S. District Court Judge Hugh Lawson recused himself from the case July 18, after York's defense team alleged Lawson had lost his impartiality by becoming an unwitting participant in plea-bargain negotiations.

Prosecutors allege that York, 58, sexually abused the underage children of his followers at the Nuwaubian compound in Putnam County and at York's mansion in Athens.

York pleaded guilty to 74 state counts of child molestation and other related charges. As part of an agreement with federal prosecutors had pleaded guilty to a single count of transporting children across state lines for sexual purposes in return for a recommendation he serve 15 years in prison.

On June 25, Lawson rejected the plea bargain on grounds that 15 years in prison would be too lenient a penalty for York. He told attorneys he would agree to a 20-year prison sentence, which prompted the defense's motion for Lawson to recuse himself.

York's attorneys asked Lawson for a new psychiatric examination, saying York was unable to assist in his own defense.

He has claimed to be from another planet and also claimed to be an American Indian tribal chief over whom U.S. courts held no jurisdiction.

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