August 14, 2010

Pretrial Transcripts of June 30, 2003

Below is the statement that Dr. Malachi Z. York made during this Pretrial of June 30, 2003. 

Senator Leroy Johnson with Dr. Malachi Z. York

Your Honor, with all due respects to your government, your nation, and your court, we the indigenous people of this land have our own rights, excepted sovereign, our own governments. We are a sovereign people, yamassee, Native American Creeks, Seminole, Washitaw Mound Builders. And all I'm asking is that the Court recognize that I am an indigenous person. Your court does not have jurisdiction over me. I should be transferred to the Moors Cherokee Council Court in which I will get a trial by juries of my peers. I cannot get a fair trial, Your Honor, if I'm being tried by the settlers or the confederates. I have to be tried by Native Americans as a Native American. That's my inalienable rights, and it's on record.
Your Honor, one other question. i recognize that when you received this document from the State of Georgia with the Governor, Sonny Purdue, and Ms. Cathy Cox, I -- I recognize that any document -- you are one of the officers of the court that received it. Did you receive this document, sir?
THE COURT: Just make your statement.
THE DEFENDANT: I'm just trying to find out whether you received this so I'll know -- so I can know how to answer you next.
THE COURT: I'm not going to answer questions. If you'd like to make a statement, go on.
THE DEFENDANT: I will assume for the record that you received this document. Well, this document clearly states that we are recognized by the government. We're recognized as indigenous people in Washington, DC, as well as in Geneva. We have an indigenous number, which is on record, which 215-1993, drafted in June 26, 1992, and went into motion. We do exist. We went to Washington, DC, sir, and we spoke to the people in Washington, DC, to verify our existence as a tribe.
I don't see why the Court or the government, this government that's opposing our government, does not acknowledge my inalienable rights to be tried as a Native American amongst my own people. This is -- it's been accepted by the government of the United States. It's on record. And we have -- you know, we have rights, and I don't understand why my rights are being -- why I'm being put under duress. I've been subject, since May 8th of last year to now, to be tortured, inhumane treatment, abused mentally and physically.
I understand the competence test is being set up, for my opinion, to make me look like I'm incompetent or to make me look like I'm some kind of a kook because of my rights. It's not a belief -- this is not -- this not a belief or a religion. This is something that our government -- your government recognizes and has recognized over the peace treaties between sovereign nations, Native Americans. We have governments, and we -- respect each other's inalienable rights. I know that Mr. Garland knows it's real. I know that Mr. Moultrie knows it's real. I know -- I know all the officers of the court recognize Native Americans. I don't understand why in my case -- is it that I appear to be an African? But I have inalienable rights. I just happen to be a Native American. I'm a Yamassee. Do you understand, Your Honor?

And all I'm asking is that my rights be respected and i be transferred immediately, as it says on record, into the custody of Native Americans where I will be tried of a jury of own peers and there will get what I consider a fair trial. There's no way I can get a fair trial now because -- another oversight, while we're talking about jurisdiction and courts, is that computers exist today. Computers didn't exist when y'all made the law on jurisdiction or transfer of venues. Those laws are oudated. People now have computers, and they've heard this case all across the country.
to read more of this transcript CLIK HERE  You can download the June 30th, 2003 transcript from the link.

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