December 16, 2003 ~ Pre-Trial Hearing
Line 9: Mr. Davis: That is correct, Your Honor. I would also like to point out to the court we have a supplemental motion that we filed today needs to heard, A MOTION TO DISMISS THE INDICTMENT - FOR FAILURE TO ALLEGE A VIOLATION OF FEDERAL LAW. That we think is very significant motion that needs to be heard. And I have — there’s a curtesy copy on your desk.
To access the entire motion (or file) you can download it by clicking below
Keep reading till page 8 and Dr. York’s attorney Mannie Aurora it continues argue the fact that the federal government lacked jurisdiction in this case. He explains how the “Man Act” counts combined with molestation counts does not connect to the money structuring count.
That’s why the government used RICO, the first indictment were out of the statue of limitations.
Rule 8 & Rule 14 - must be met and never did.
(a) Claim for Relief. A pleading that states a claim for relief must contain:
(1) a short and plain statement of the grounds for the court's jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support
https://www.law.cornell.edu/rules/frcp/rule_8
Rule 14: - click here to access
https://www.law.cornell.edu/rules/frcp/rule_14
(4) Motion to Strike, Sever, or Try Separately. Any party may move to strike the third-party claim, to sever it, or to try it separately.
DR. YORK COULD NOT HAVE A FAIR TRIAL - The federal government never proved jurisdiction and they lacked it.
