Dr. Malachi York Is Free!

Judge C. Ashley Royal has shown bias and prejudice throughout his entire time as the presiding judge over the case of Dr. Malachi Z. York.  We will take a look at exerts from the pre-trial  hearing that took place on December 30, 2003 A.D.  This is an example of the blatant disregard for the law or Dr. York’s right to due process.

On this date, Attorney Adrian Patrick, Dr. York’s attorney of record at the time, was arguing that motions filed to drop charges against Dr. York for two counts based on the fact that during the alleged time of these false allegations, 1993 A.D., the person in question was 14.  According to Georgia state law in 1993 the legal age for consensual sexual activity was 14.  So Attorney Adrian Patrick and Attorney Ben Davis filed a motion that counts two and six be dismissed based on this fact.  Here is an excerpt from the transcripts:

Pre-trial Hearing December 30, 2003 A.D. Transcript

Page 49, Line 11 – Page 50 Line 13

MR. MOULTRIE (prosecuting attorney): Well, Your Honor, obviously the government is concerned about the state of the superseding indictment.  There were a couple of motions to dismiss the indictment or to dismiss various counts in that superseding indictment.

THE COURT (Biased Judge C. Ashley Royal): Those are going to be denied.

MR. PATRICK: Your Honor, the motion that Mr. Davis filed on Count Two and Count Six is going to be denied related to the Georgia law and the individual being 14 years old as opposed to 13?  Do you recall these?

THE COURT: Yeah, I mean, I remember that.  I’m not sure exactly what the status of the written order is on that, but my understanding was that at the time. The effective facts the child was 13 and the indictment says approximately 14, which that is close enough for the Court.

Let’s pause here for a moment.  Did you read this?  You see it’s not about the facts.  It is a clear case of JUDICIAL MISCONDUCT.  First, let me state the Dr. York NEVER had any sexual relations with any of the alleged victims.  Even without that fact, if the person is 14, then no crime was committed anyway.  Dr. York was charged and convicted of counts that were not even crimes!!!  Let’s continue.

MR. PATRICK: Well, actually, I think Mr. Moultrie stipulated that the child was 14.

THE COURT: No, that’s not what he said.  That’s not what he said, I remember what he said.

MR. PATRICK: Well, we will renew that, I guess, as to a directed verdict, because I guess Mr. Moultrie is stating that the child was 13 or 14, in April of 1993.  Is that correct, Mr. Moultrie?

MR. MOULTRIE: Actually Your Honor, it’s just very easy to just do the math.  Based on the birthdate of the children and the date they were transported from New York to Georgia, you can just do the math and figure out how old they were at the time.

This is a prime example as to why we say this entire case was bogus.  The charges were bogus, some not even crimes.  The indictment was bogus.  How can an indictment charge a person without stating the proper age of the alleged victim?  The age is what makes it a crime.  If they are of legal age, they should not have been included in an indictment in the first place.

Judge C. Ashley Royal knew that in order to maintain this bogus trial, certain charges HAD to be included.  Otherwise, there would have been no trial.  So he manipulated facts, ignored motions, and exercised extreme bias in order to push forward for a conviction of Dr. York, hoping to sweep this under the rug and bury Dr. York alive in federal prison.  It won’t happen.  The truth about Judge C. Ashley Royal will be exposed!!