THE RETURN OF
SETTING THE RECORD
DR. MALACHI Z
Dr. Malachi Z. York
April 17, 2004 A.D.
From: The Yamassee Native American Moors of the Creek Nation
P.O. Box 1845
Milledgeville, GA 31059
Maku “Chief”: Black Thunderbird “Eagle” a/k/a Malachi York has
been illegally incarcerated by the United States Government and
the State of Georgia for nearly two years as a result of a
conspiracy to destroy him and his tribe The Yamassee Native
American Moors of the Creek Nation B.I.A. “Bureau of Indian
Affairs” Registry No. 208/1999.
After nearly two years in pretrial detention, January 5th 2004
A.D. marked the start of the Federal trial against our Maku
“Chief”: Black Thunderbird “Eagle” also known as Dr. Malachi Z.
York, U.S. Federal District Court Judge C. Ashley Royal
presiding. The Trial was held in Judge Royal's hometown of
Brunswick, Georgia in the Southern Judicial District due to
negative pre-trial publicity. Jury selection began at 9:00 AM.
Over 150 potential jurors entered the courthouse after passing
an excessive amount of heavily armed Federal and Local police.
There were no demonstrations or protests on the part of the
Yamassee Native Americans outside of the courthouse through the
duration of the entire trial.
Several of the prosecution's witnesses are on the payroll of the
FBI and government agencies. Immunity agreements were given to
the REAL pedophiles and child molesters. Other witnesses for the
prosecution included child abusers, and strippers. One of the
prosecution's witnesses at the end of her testimony said, "It
must all be a dream".
On numerous occasions during the case, Presiding Judge C. Ashley
Royal helped in the prosecution’s case by entering evidence sua
sponte [Latin - of one's own accord, voluntarily] without
prompting or suggestion.
The United States government claimed they had 200 witnesses but
only called 47 and out of those 47, most were FBI agents, and
there were only 7 alleged victims. Out of those 7 alleged
victims, 3 changed their stories after being threatened and
pressured by the government and their parents. The remaining 4
contradicted themselves on the stand and 1 even admitted to
lying to the grand jury.
Witnesses for the government also lied about the raid that took
place on the Wahanee, Al Tamaha, on May 8, 2002 A.D. denying the
use of tear gas, and excessive force. During this siege, there
were guns pointed at women and children and even on babies. Body
bags were seen during the raid being brought in bulk in
anticipation of the bloodshed. Children were kidnapped and
questioned without their parents’ consent or knowledge.
Throughout the course of the trial, there were no videos or
pictures of any molestation produced. The Federal Bureau of
Investigation claimed to have investigated Maku “Chief”: Black
Thunderbird “Eagle”, yet nothing was produced in the trial
showing any thorough investigation such as surveillance videos
or audio, etc.
Because the Government knew its case was fake and based on false
allegations, they did not even call or contact some of their own
witnesses who they claimed to be alleged victims in the
indictment. In fact, the defense called some of the alleged
victims named in the indictment, who testified for the Defense,
on behalf of Maku “Chief” Black Thunderbird “Eagle”, maintaining
that NOTHING ever happened and that he is innocent.
The prosecution closed and rested their case, and subsequently
re-opened their case under the guise of putting up rebuttal
witnesses to respond to the Defense’ case, when actually they
were new witnesses. Why? The prosecution realized they lost and
were trying to save their case by calling new witnesses to the
stand. Upon deciding a verdict, the jury was hung and in matter
of one hour, the sole dissenting juror was persuaded to bring
down a guilty verdict. This juror, number 62 maintained that
Maku “Chief”: Black Thunderbird “Eagle” was set up and that she
had heard of another case where someone was found guilty that
was actually innocent. Despite the devastating case presented by
the defense, a Guilty verdict came down on 10 of the 11 counts
against Maku “Chief” Black Thunderbird “Eagle”. The United
States Government is now attempting to have Maku pay the
Government’s partial cost of prosecution of $113, 402.53 as well
as$579.000 in restitution, which payment to the victims and to
cover psychiatric treatment and educational services. Out of the
22 alleged victims listed 7 of them say that nothing happened
and they do not need any money from the government. A sentencing
hearing will be held on April 19th, and the fight has already
begun on the appeal.
In an attempt to obscure the numerous errors made, Judge C.
Ashley Royal has sealed the transcripts to the trial. In fact,
the prosecution only asked for the transcripts to be partially
sealed to protect the identities of the witnesses who testified
who were under 18, but Judge Royal went beyond that extent to
have the entire document sealed from the public.
Maku “Chief” Black Thunderbird “Eagle” has been unjustly
accused, tried and persecuted by the United States Justice
system without being under their jurisdiction as a Native
American. He is nearly 60 years old and is an innocent man. He
also suffers from a potentially fatal illness, Hereditary
Angioedema, a condition triggered by stress, resulting in
swelling and inflammation of the skin and the throat, which can
result in asphyxiation. This illness has worsened due to his
imprisonment. We wish to bring this case of gross injustice to
the eyes of the public with the hope that they will come to his
support, contacting public officials, organizations nationally
and internationally to come to his aid.
Members of Maku “Chief” Black Thunderbird Eagle’s Tribe, the
Yamassee Native American Moors of the Creek Nation have made the
world aware of their Chief’s plight and international
organizations, diplomats and others are working on his behalf.
In June, members of the tribe will be going before the United
Nations to address the human rights violations endured by Maku
“Chief” Black Thunderbird “Eagle” a/k/a Malachi York. It is our
hope that your media outlet can help get this story to the
public. Taped interviews by Maku “Chief” Black Thunderbird
“Eagle” a/k/a Malachi York has made during his imprisonment are
currently available to the public. On these tapes, Maku
discusses the unjust and inhumane treatment he has endured and
continues to endure. It is our hope that interviews serve as a
tool to make the world aware of the plight of Maku “Chief” Black
Thunderbird “Eagle” and help in securing his freedom.