Monday, May 30, 2005

Malachi Z. York

Friday, May 27, 2005

Consul General:Dr.Malachi Z. York

Unjust Case

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Highlight on the Unjust Case against Consul General: Dr. Malachi Z. York

In an effort to bring growth, stability and restoration to Africa Consul General: Dr. Malachi Z. York utilized his knowledge on world religions, community development and education to build a foundation that would aid Liberia and other African nations for years to come. All was well until racism’s ugly head surfaced within the Middle District of Georgia amongst elected officials who did not want to see a positive growth of Africans in America, nor of Americans in Africa. This was when a conspiracy against Consul General: Dr. Malachi Z. York ©TM began.

In 1996 A.D., Sheriff: Howard Richard Sills, Badge-117, was elected Sheriff of Putnam County, and from this point on, we, the United Nuwaubian Nation Of Moors/Yamassee Native American Moors of the Creek Nation, have found ourselves involved in civil case after civil case regarding building and zoning violations. These cases were designed to illegally extort money from the tribe by fining them ridiculous amounts of money for minor building violations on the 476 acres of land that was designated the Consulate Post on December 15, 1999 A.D. by newly appointed Consul General: Dr. Malachi Z. York ©TM . On February 8, 2002 A.D., Judge Hugh V. Wingfield exonerated Consul General: Malachi Z. York ©TM from all charges and claims pertaining to case 99CV1-1 in the Superior Court of Putnam County, involving alleged RICO charges arising from zoning violations on the land at 404 Shady Dale Road. Consul General: Dr. Malachi Z. York ©TM refused to go to these civil hearings and this resulted in further harassment and the issuing of a bench warrant by Judge Hugh V. Wingfield, demanding that he appear in court. Consul General: Dr. Malachi Z. York ©TM , in an effort to resolve the situation, made an appearance in court to aid in the resolution with the county over their obvious acts of racism to prevent the Nuwaubians from building on their land.

Sheriff: Howard Richard Sills made it his point to find a way to discredit and degrade our nation over the next seven years. Our current legal battle is stemming from these civil cases and the fact that we were strong enough to endure and progress towards our mission to provide a positive growth for our country, The Republic of Liberia. Now, this is their final attempt to once again try to extinguish us. Our talk of sovereignty and indigenous rights is what they feared.

The “Key Witness” to the Federal Prosecutor’s case recanted her trial testimony and submitted a video confession and affidavit that was filed in the Middle District Courts with the Motion for a New Trial by Consul General: Dr. Malachi Z. York’s American Attorneys. This witness, Ms. Habiba Abigail Washington stated that the charges against Consul General: Dr. Malachi Z. York are all false and was a conspiracy aided by the corrupt legal practices of Sheriff Howard Richard Sills. Her testimony is the key to breaking this case wide open and now it is being said that her life is being threatened for her changing her testimony. So the likelihood of a new trial hangs in the balance. This is all a legal charade because according to the laws in the Vienna Convention on Consular and Diplomatic Relations, Consul General: Dr. Malachi Z. York © TM has immunity from all of these charges. But, these revelations have come after two years of unjust legal practices by the Middle District of Georgia and torture.

Consul General: Dr. Malachi Z. York ©TM was illegally arrested under an illegal alias, "Dwight York"- a name that is not his nor has he ever legally been known by this name. He was detained on May 8, 2002 A.D., and at that time was being held by the Federal District of Middle Georgia on 4 counts of transporting minors across state lines for indecent purposes. This arbitrary detention is in violation of the Vienna Convention on Diplomatic Relations Article 31. Within this time Consul General: Dr. Malachi Z. York ©TM stated for the record to the arresting officers that he is a Diplomat for the Republic of Liberia and demanded to contact his Embassy. These requests were ignored and he was then thrown to the ground with a gun to his head and demanded to shut up. He again alerted the arresting officers that his diplomatic papers were located at his residence in Athens, GA. Consul General: Dr. Malachi Z. York ©TM later found out that his home was raided and the files he was speaking of were confiscated by FBI agents performing the illegal search and seizure of his Consulate Residence. At the point of his detention he was taken to the Atlanta Federal Penitentiary. He was not given phone privileges and was kept in the most deplorable of conditions. While there his medical treatment was ignored and his life threatening illness began to worsen without the aid of any physicians. His personal physician Dr. William S. Thompson, employed by the Consulate office, was refused visitation to check on his patient and further documented the gross medical malpractice that was occurring as it worsened.

Consul General: Dr. Malachi Z. York ©TM was seen before Magistrate Judge Claude Hicks of the Middle District of Macon, GA on May 9th , 13th , and 14th , 2002 A.D. to be arraigned for the federal charges. During this hearing, Consul General: Dr. Malachi Z. York ©TM was denied bond by Judge Claude Hicks, merely a magistrate judge, who admitted he has not seen the factual evidence supporting the charges in the case. This is in violation of all international laws and protocols associated with the Vienna Convention on Consular Relations Article 27, 31, 33, 34, and 41. Judge Claude Hicks ruled that Consul General: Dr. Malachi Z. York ©TM was a danger to the community, when those who the prosecution claimed were alleged victims had already been taken into custody and later stated they had never been molested which coincided with Judge Spivey of the Middle District Juvenile Court Division which on July 17, 2002 A.D. stated that all the children could be released from DFACS custody to their parents because they were found not to have been molested. Judge Claude Hicks stated in open court that he felt in his opinion that if Consul General: Dr. Malachi Z. York ©TM, was set free, the acts for which he was being accused of would continue. Judge Hicks denied Consul General: Dr. Malachi Z. York ©TM his right to be presumed innocent until proven guilty and the Judge placed himself in the position of “Judge and Jury” by declaring Consul General: Dr. Malachi Z. York ©TM guilty before allowing him a fair trial. Judge Claude Hicks, before gathering and balancing the facts in this case, compared Consul General: Dr. Malachi Z. York ©TM to Jim Jones of the “Jones Town Massacre” and Jimmy Swaggert, who was caught with a prostitute; and Jim Baker, who defrauded his own congregation.

Consul General: Dr. Malachi Z. York ©TM is a secured party and Liberian Diplomat with sovereign immunity. He stated on court record that he does not give jurisdiction to State or Federal courts to try him. After making this known to his American Attorneys they sought to have him sent to a federal mental institution for evaluation to see if he was mentally competent to stand trial. Consul General: Dr. Malachi Z. York ©TM, was held at the Metropolitan Correctional Center in Manhattan, New York, for this psychological evaluation for over 60 days (from August 14, 2003 - October 20, 2003 A.D.). Dr. William Ryan of the Bureau of Prisons asserted in his report that, "he is a Native American/African American and competent to stand trial". His heritage should no longer be on trial and used as a reason to perceive him to be incompetent. It is clearly evident that the defense attorneys are not working to totally exonerate Consul General: Dr. Malachi Z. York ©TM of these charges.

On May 8, 2002 A.D., Consul General: Dr. Malachi Z. York ©TM was arrested in a parking lot of a K-Mart Shopping Center in Milledgeville, GA, by FBI and over 100 law enforcement officers. While this was transpiring, law enforcement officers from Putnam County, Baldwin County, Columbus County, and Jones County, with agents from the Department of Natural Resources, FBI and US Forestry, invaded the 404 Shady Dale Rd. property in Eatonton, GA with 400 heavily armed foot soldiers. Sheriff: Howard Richard Sills again gave false information to the FBI that the tribe was stock piling weapons and were dangerous. He failed to mention to them that the GBI, FBI, Putnam County Sheriff Department, over the last 10 years, has raided the property over 4 times. This one being the most extreme use of force. He failed to mention that on two of these occasions, Consul General: Dr. Malachi Z. York ©TM was taken to GBI and FBI headquarters to be questioned and was given a lie detector test to see if he was involved in any terrorist activities; a test that he passed. These GBI Agents even came back to the land after seeing that Consul General: Dr. Malachi Z. York ©TM was cooperative and courteous and willing to assist them in their investigation. These Agents returned on numerous occasions to fish from the tribal lakes. He has even aided them in finding persons that were suspected to be affiliated with the tribe, by transferring any and all information that was filed on the suspects to further their investigation.

Sheriff: Howard Richard Sills has broken every law both federal and state. He has exceeded the limits with the help of Attorney Frank Ford, Attorney Dorothy Adams, County Clerk Sheila Layson, Sandra Adams, Building Inspector Robert Clay Howell, and the County Commissioners. Sheriff: Howard Richard Sills has made a concentrated effort to try to destroy our Nation ever since he took office. Out of the 476 acres of land that the Nation owns we have only developed 19 acres. This is due to the fact that we have been prejudicially blocked by illegal county zoning and building ordinances from 1997 A.D. - the present. For the last 7 years, we have been in and out of civil court due to the discrimination, enabling us to properly attain permits for existing structures on our land. Even through all the turmoil, our Nation has grown. Consul General: Dr. Malachi Z. York ©TM has authored more than 400 books on various topics dealing with World Religions and Cultural Identity. This culturally explosive doctrine has reached people all over the world. We host our Annual Family Gathering that brings over 30,000 people from across the globe to our Holy Land, Al Tamaha.

Consul General: Dr. Malachi Z. York ©TM was forced by American Attorneys who did not take seriously the request that Consul General: Dr. Malachi Z. York ©TM made to have his Liberian Counsel present, after being mentally and physically tortured (a violation of 42 U.S.C. 1983), to sign a plea agreement in Federal Court on January 23, 2003 A.D. and the State Court on January 24, 2003 A.D. The Federal Government illegally detained him for almost 2 years without a trial. He has been denied the right to a fair trial and the right to be innocent until proven guilty. He has been threatened with life in prison along with harm to his family and fellow tribal members if he persisted to taking his case to trial to prove his innocence.

Federal Judge C. Ashley Royal ignored the Declaration of Human Rights to a fair and just trial by initially seeking to have the courtroom closed to the public and appointing himself to pick an anonymous jury. As a result to the ongoing “Kangaroo Court” room trial that was held in Brunswick Georgia, Counsel General: Dr. Malachi Z. York ©TM was sentenced to 135 years in prison for a crime he did not commit. Key witnesses to the conspiracy were blocked from testifying by the judge. Key prosecution witnesses also admitted to lying to Federal Agents as well as giving false testimony during the trial.

Because of the ongoing civil war and rebel insurrection, proper consular functions were suspended during the reestablishment of the stability of the country of Liberia by the United Nations who aided in setting up the interim government known as the National Transitional Legislation. This case has been an international issue from the beginning and now the country of Liberia is stable enough to step in a claim their Diplomat, Counsel General: Dr. Malachi Z. York ©TM, who holds a diplomatic passport and an official appointment from the former President of Liberia Charles Taylor, which predates his arrest. He has maintained his innocence only to be further degraded and defamed by the media who is taking orders from the Federal and State Prosecutors on what to print, while the Nuwaubians are reprimanded and kept out of the court room for practicing their first amendment rights to free speech. It is time that the American public be made, aware that to continue holding Consul General: Dr. Malachi Z. York ©TM is a violation of all international laws and protocols and that he must be released into the custody of the Embassy of Liberia. Petitions from the Liberian Mission on Foreign Affairs to the US State Department have already been made requesting for Consul General: Dr. Malachi Z. York’s ©TM release. Petitions have also been filed to obtain Declaratory Judgment for Consul General: Dr. Malachi Z. York’s ©TM release and repatriation to his home country of Liberia. Consul General: Dr. Malachi Z. York’s ©TM Liberian Attorney is Cllr. Francis Y.S. Garlawolu, Head of Liberian Judiciary Legislation.

Now that Consul General: Dr. Malachi Z. York’s © TM Diplomatic status has been confirmed, it is now out of the jurisdiction of the lower District Courts to decide the fate of Counsel General Dr. Malachi Z. York ©TM. It is now up to the State Department and Ministry of Foreign Affairs of each government to investigate why this diplomat was arrested and detained, and why the proper notifications were not made for his immediate release. Investigations have already begun regarding the torture and cruel and inhumane treatment that Consul General: Dr. Malachi Z. York ©TM was forced to endure while being held in prison by the United States of America. Witnesses to the torture have already made their statements and official affidavits attesting to the cruel and inhumane treatment are being filed with the International Criminal Courts.

The recantment proves Counsel General Dr. Malachi Z. York’s ©TM innocence and his Diplomatic status proves what he has been saying all along. He is a sovereign Native African-American Chief of the Yamassee Native American Moors of the Creek Nation, whose ancestry is of African descent, linking to the tribes of Liberia, West Africa (pre-continental drift). After the European invasion and years of genocidal slavery, some of us decided to stay and rightfully claim our ancestral land and some of us decided to leave with the American Colonization Society and rebuild our own country of Liberia. Consul General: Dr. Malachi Z. York ©TM is a Liberian Diplomat and an indigenous person who does not fall within the jurisdiction of the United States of America.

Consul General: Dr. Malachi Z. York ©TM was illegally sentenced to 135 years in prison for a crime he did not commit. He is now being forced to appeal the federal conviction through the United States of American Judicial System. Consul General: Dr. Malachi Z. York ©TM is languishing in prison at Marion United States Penitentiary in Marion, IL, noted by Human Rights organizations as “the worst” prison facility in the United States. The Liberian Government has come forth to claim their diplomat and to effect the repatriation of Consul General: Dr. Malachi Z. York ©TM to his country of citizenship and origin, the Republic of Liberia West Africa.

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Lawyers Incompetency

Edward Garland & Co. Did NOT Protect Dr. Malachi Z. York Against Double Jeopardy

The following is the exact same senario that we are faced with in the unjust Federal and State cases against Dr. Malachi Z. York. In May of 2002, Mr. York was indicted by both the Federal and State Governments for the same alleged crimes. In the Federal Case, the indictment involved the Allegations of Transportation & Travel of minors across state lines for the purposes of illegal sexual activity joined with RICO Conpiracy. The State Case involves the indictment of Alleged Molestation Of Minors. Mr. York's former defense attorneys, Edward Garland and other attorneys from the Garland Samuel & Leob Firm, did not protect Mr. York from Double Jeopardy and Dual Prosecution Rules...
This same Law Firm now represents James V. Sullivan who was accused of hiring a hit man to kill his wife nearly 18 years ago. The Sullivan case is a duplicate of the senario faced in Mr. York's case. Both defendants were represented by Garland & Co. The exception is in Sullivan's Case as you will see, Garland & Co. are fighting vigorously for their client to protect him from double jeopardy and dual prosecution. In the case against Mr. York, Garland & Co. did no such thing. Many people have often stated "There is law and a judicial system and then there is the Mr. York's case". The following article is proof positive of the Ineffective Assistance of Councel that the Garland's Law firm provided for Mr. York and what they have failed to do for Mr. York but zealously fought for Mr. Sullivan.

Florida socialite: double jeopardy if tried for wife's murderHARRY R. WEBERAssociated Press

ATLANTA - A Florida millionaire businessman accused of hiring a hit man to kill his wife nearly 18 years ago and later fleeing to Thailand to avoid prosecution claims double jeopardy prevents him from being tried for murder in state court.James V. Sullivan, 63, could face the death penalty if he is convicted of murder in the Jan. 16, 1987, death of Lita Sullivan. The 35-year-old woman was fatally shot after opening the door to her Atlanta townhouse to a man carrying a box of pink roses and a gun.Related federal charges against Sullivan were thrown out in 1992 a few days after the trial had begun. His lawyers argued at a Superior Court hearing Monday that the state charges, filed in 1998, should be barred because they violate Sullivan's right not to be tried twice for the same crime."These charges relate to the exact same offense," defense lawyer Don Samuel said. "To retry him for the same homicide would violate his rights."Samuel also said that the state's case amounts to a "sham prosecution" because, he argued, it was the state's intention and the government's intention all along to bring the current charges if the federal charges failed.But county prosecutors argued that the trial should go forward because the federal case alleged Sullivan made telephone calls for the intention of killing his wife, while the state case alleges he actually killed her."It's a huge distinction, the only distinction," prosecutor Anna Green said.Green added that there is "absolutely no evidence" that the federal government had influence over the state's decision to seek murder charges in the case.Judge John J. Goger said he would rule after further evidence is presented in the case. No new hearing date was set.Sullivan fled the country around the time of his 1998 indictment on state murder, aggravated assault and burglary charges, after, the FBI said, he sold a liquor store and his multimillion dollar home in Florida; He was arrested in Thailand on July 1, 2002, and returned to Atlanta in March of this year after lengthy extradition proceedings.Over the years, prosecutors have suggested Sullivan paid Phillip A. Harwood $25,000 to kill his wife because he feared losing money and a Florida mansion in the couple's divorce. A hearing on division of assets in the divorce was to have occurred the same day as the murder.Harwood, a truck driver who moved James Sullivan's furniture from Georgia to Palm Beach, Fla., where he and his wife had a home, pleaded guilty in February 2003 to voluntary manslaughter in Fulton County Superior Court and was sentenced to 20 years in prison.A few months later, he filed a motion to withdraw his plea, but a judge rejected it. Still pending is a motion in federal court challenging his imprisonment in which he argues that he didn't kill Lita Sullivan, and that he was induced to say he did by ineffective lawyers.According to his plea, Harwood, 53, agreed to testify truthfully if called as a witness at Sullivan's murder trial, which could happen as early as April. But his testimony could be complicated by his recent claims in court papers.Asked about the issue Monday, prosecution spokesman Erik Friedly said, "All I can say is that our theory of the case stands and that's what we intend to present."
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The Many Faces Of Malachi Z. York