Dr. Malachi Z York was wrongfully convicted by the federal government and it is very likely that the circumstances surrounding his trial were biased and downright unfair. Let’s examine a few facts.
Prior to Dr. York being arrested and taken to trial, he and the organization he was a part of known as Nuwaupians were regulars in the middle district of Georgia’s newspapers. Cities like Macon, Ga., Eatonton, Ga., Atlanta, Ga. and Milledgeville, Ga. were very familiar with the Nuwaupians and Dr. York. After the arrest of Dr. York, his case was widely and regularly mentioned in these local newspapers. In October of 2003, the courts granted Dr. York a change of venue. The court concluded that the Macon and Atlanta media markets have caused great concern that Dr. York would not receive a fair and impartial trial.
Nearly a month later, the grand jury in the middle district in Macon, Ga. issued a second superseding indictment which was the basis for Dr. York’s trial. The question becomes if the court deems that the potential jurors could not be impartial during a trial, how could they be impartial in a grand jury? The members of the grand jury in Macon, Ga. were selected from the same group of people that the courts themselves agreed were very likely to be biased!
A grand jury decides whether the evidence and testimony presented to them is sufficient enough for formal charges to remain on a person. If the members of the grand jury are biased, they are likely to lean towards substantiating an indictment even when there is not enough evidence presented to validate it. The court felt that because of the pretrial publicity, people have already made their minds up about the guilt of Dr. York and the court concluded that they were unfit to fairly weigh the evidence. Yet, the courts allowed these same people to determine if the evidence and testimony presented in the grand jury proceedings was enough to have a trial. They were already biased according to the court!
This is an example of how Dr. York didn’t receive a fair trial. There are so many more examples that will be discussed later. The world has to know that Dr. York is innocent and does not deserve to be in prison. He has already served 15 years in federal custody! This 71 year old man should be allowed to be free and live out the rest of his days somewhere on a front porch in a rocking chair drinking lemonade while watching his grandchildren play in the front yard.
Sign the petition to Free Dr. York!!!