Nuwaubian sect leader will undergo psychological evaluation

Athens Banner-Herald/August 13, 2003
By Joe Johnson
Religious sect leader and admitted child molester Dwight ''Malachi'' York is to be transferred this week from a Georgia county jail to a federal penitentiary where he will undergo psychological testing to determine his fitness to stand trial, York's defense attorney said Tuesday.

Atlanta attorney Manubir Arora said exactly where his client will be examined was unknown as of Tuesday, but a likely place would be the Butner Federal Correctional Institution in Butner, N.C.

''This is something that will be determined by the (U.S.) Marshal Service,'' Arora said.

The evaluation of the former Athens resident's competency is to be performed under the order of the new judge in York's case, U.S. District Court Judge C. Ashley Royal, who denied York's recent motion to void an earlier order for a psychological exam made by Royal's predecessor.

U.S. District Court Judge Hugh Lawson recused himself from the case July 18, after York's defense team alleged Lawson had lost his impartiality by becoming an unwitting participant in plea-bargain negotiations.

York had already undergone one court-ordered psychological exam, which raised questions about his mental competency, and further evaluation was ordered by Lawson following the judge's June 25 rejection of a plea bargain York had made with federal prosecutors.

York, 58, is leader of a religious sect called the United Nuwaubian Nation of Moors, and prosecutors allege that under the guise of spiritual leader and deity, he sexually abused the underage children of his followers at the Nuwaubian compound in Eatonton and at York's mansion on Mansfield Court in Athens.

York pleaded guilty to 74 state counts of child molestation and other related charges, and as part of an agreement with federal prosecutors had pleaded guilty to a single count of transporting children across state lines for sexual purposes in return for a recommendation he serve 15 years in prison.

In rejecting the federal plea agreement, Lawson said 15 years in prison would be too lenient a penalty for York. He told attorneys he would agree to a 20-year prison sentence, which prompted the defense's motion for Lawson to recuse himself.

Suddenly faced with the prospect of a trial, York's attorneys asked Lawson for another psychiatric examination because they said York was unable to assist in his own defense, claiming he was a native American tribal chief over whom U.S. courts held no jurisdiction.

Two days after Lawson granted the motion, a new addition to York's defense team filed a motion asking Law-son to rescind his order for the psychiatric exam. Miami attorney Frank Rubino claimed in the motion that after spending two hours with his new client, he determined York was able to assist in his own defense.

In denying Rubino's motion, Royal said he was relying on the report that resulted from York's first examination.

''Because (the) report provides reasonable cause for the court to believe (York) may presently be suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to "understand the nature and consequences of the proceedings against him or to assist properly in his defense, the court will proceed on its own motion for determination of (York's) mental competency,'' Royal wrote in his July 24 order.

York had been scheduled to begin trial Aug. 4, but the trial has been delayed indefinitely because of the change of judges and the pending psychological examination.

York federal trial delayed

Athens Banner-Herald/July 29, 2003
By Joe Johnson
The scheduled Aug. 4 start of the federal trial of religious sect leader and admitted child molester Dwight ''Malachi'' York has been postponed due to the recent replacement of the trial judge.

U.S. District Judge C. Ashley Royal last week replaced Judge Hugh Lawson after York's attorneys claimed Lawson had lost his impartiality in the case. A new trial date had not been set as of Monday.

''We have no information at this time as to when the trial will begin,'' said Pamela Lightsey, spokeswoman for U.S. Department of Justice's Middle District of Georgia.

York, 58, is leader of a religious sect called the United Nuwaubian Nation of Moors.

He pleaded guilty to 74 state counts of child molestation and other related charges, and as part of an agreement with federal prosecutors had pleaded guilty to a single count of transporting children across state lines for sexual purposes.

Lawson last month rejected the plea agreement on the grounds the 15-year prison sentence it included had been ''too lenient.'' Soon after, York's attorneys filed a motion requesting Lawson to recuse himself from the case because he had inadvertently become a participant in the plea-bargaining process when he stated he would accept a plea agreement that included a 20-year prison sentence.

Lawson granted that motion, and he was replaced last week with Royal, a former University of Georgia law professor and school alumnus.

Upon his assignment to the case, Royal inherited several pending motions, which he may or may not choose to rule on.

''Judge Royal is taking the case as it exists, so he could have a hearing on the motions or not, and he can rule on the motions or not,'' Lightsey said.

Lightsey said it was her understanding that Royal could also overrule decisions Lawson had made on previous motions.

Among the pending motions are requests by the defense to suppress evidence, including certain items removed during searches of York's properties in Putnam and Athens-Clarke counties.

York in 1993 bought 476 acres in Eatonton, which was turned into a compound that housed more than 150 Nuwaubians and was headquarters for a sect-related business enterprise. York bought a mansion on Mansfield Court in Athens in 1998.

Also pending is a defense motion for a change of venue to a location where potential jurors would be less likely to be influenced by pre-trial publicity.

New judge in sect leader's trial

Ex-UGA law prof to hear case

Athens Banner-Herald/July 26, 2003
By Joe Johnson
A former University of Georgia law professor has been appointed the new judge in the trial of religious sect leader and admitted child molester Dwight ''Malachi'' York.

U.S. District Court Judge C. Ashley Royal replaces Judge Hugh Lawson, who recused himself July 18 on a motion by York's attorneys claiming Lawson was not impartial to their client's case.

They said Lawson had inadvertently become a participant in plea bargain discussions when he told defense attorneys and prosecutors that he would accept a recommendation for a 20-year prison sentence as part of a plea agreement.

Lawson had rejected an earlier plea agreement because it had called for a 15-year prison sentence, which the judge called ''too lenient.''

York, 58, is leader of a religious sect called the United Nuwaubian Nation of Moors. He was accused by federal authorities in May 2002 of molesting more than a dozen minor girls, some as young as 11, but as part of the plea bargain later rejected by Lawson he pleaded guilty to a single count of transporting children across state lines for sexual purposes.

In addition to the federal charges, York has pleaded guilty in state court to 74 counts of child molestation, one count of child exploitation and two counts of influencing witnesses. Sentencing in state court is on hold until the federal case is disposed of, as his sentence is to run concurrent with any federal sentence that is imposed.

With the rejection of the plea bargain, York has the option of withdrawing his guilty plea and take his chances with a jury, or attempt to strike a new agreement with prosecutors.

York's trial is scheduled to begin Aug. 4.

York owns a home off Timothy Road in Athens, and his sect bought a storefront on West Broad Street it intended to turn into a lodge and book store. The Nuwaubians also have a 476-acre compound in Eatonton. Prosecutors allege child molestations occurred in both Eatonton and Athens.

Royal not only taught at the Athens-based university, but he graduated from the Georgia University School of Law in 1974. President Bush appointed him judge for the Middle District of Georgia in October 2001, and the appointment was confirmed by the U.S. Senate in December of that year.

Former Nuwaubian says leader abused her for years

Innocence lost during life in sect

OnlineAthens/July 26, 2003
By Joe Johnson
Orlando, Fla. -- A spaceship from another universe would be arriving to save her from the coming apocalyptic destruction of life on Earth.

The price for this 11-year-old girl's ticket to safety was nothing less than the theft of her childhood, innocence and faith.

They were allegedly stolen by Dwight ''Malachi'' York, leader of the United Nuwaubian Nation of Moors, a religious sect to which the girl, her mother and younger sister belonged. Membership for the girl meant years of alleged sexual abuse at the hands of York and a Spartan existence at the sect's Putnam County compound, devoid of the normal pleasures of childhood.

She can never regain what has been stolen from her, but the now-18-year-old woman is seeking at least $1 billion in damages from York in a lawsuit filed in U.S. District Court in Athens. The lawsuit alleges York molested her from the time she was 11 until she was 17, on properties York owns in both Athens and near the Putnam County town of Eatonton.

Known by York's followers simply as ''The Land,'' the 476-acre Putnam County compound was not only where Nuwaubians lived, it served as headquarters for a large business enterprise. The compound resembles an Egyptian theme park, with large pyramids and an entrance gate covered with hieroglyphics.

From the compound, Nuwaubians sold various books - including York's version of the Bible, ''The Holy Tablets.'' at $300 per copy - along with incense, coloring books, audio tapes, pens and pencils and even a lifelike Malachi York doll.

The woman who filed suit against York is one of several victims who assisted investigations which led to York's arrest on state and federal child molestation charges. As a result, she said she fears retribution from York's still-stalwart legion of supporters. As a condition of her interview with the Athens Banner-Herald she requested she be identified as ''Stacey,'' not her real name.

She now holds in contempt the man she once revered and said her time spent at the Putnam County compound is a nightmare she would like to forget.

Inside the compound
Life at the Putnam County compound as described by Stacey was highly regimented and seemed to be more of a combination boot camp and sweat shop than a religious retreat.

Children, boys and girls alike, were made to look the same by having close-cropped Afro-style haircuts and wearing white United Nuwaubian Nation of Moors T-shirts. They were awakened early in the morning to do chores and were led into the woods for calisthenics. They were called to prayer three times a day and made to memorize York's quasi-religious writings.

Children at the compound were separated from their parents, and Stacey said the only time she saw her mother was when they encountered each other in York's business office. The Nuwaubians were segregated at the compound by age and gender. Stacey lived in one of eight houses there with other girls her age.

''I hated everything about it - it was like being in a prison without gates,'' Stacey said. ''At times you'd be lucky to make a plate because so many people would be eating and there was so little food. And you got tired of eating the same nasty stuff every day. If you got meat, you were lucky.''

Even the adults were tightly controlled, according to Stacey, who said that upon joining the Nuwaubians they turned over their worldly possessions to York, including cars, titles to homes and bank accounts. He dictated where they lived and when they could leave and re-enter the compound. The men could not have relations with, or even talk to, the women without York's permission.

There were more than 20 people living in each house, with double bunkbeds placed in nearly every room, including the dining rooms and living rooms, Stacey said.

Because Stacey was one of York's chosen few, her chores involved working exclusively in the Nuwaubian leader's residence, which she cleaned daily. York's office was also in his residence, and Stacey was put to work there learning computer skills to assist in York's business enterprise. ''I didn't get to play with the other kids,'' Stacey said. ''I had to stay in his house all day. I hated it. But if I said I wanted to leave, where was I going to go? There's nothing but miles of trees and woods with animals, and I don't know Georgia.''

'Something wonderful'
Like York, Stacey originally came from New York City. She, her mother and a younger sister were among hundreds of Nuwaubians who moved to the compound when York bought the Putnam County property in 1993.

Stacey said after working in York's house for a period of time, and after she turned 11, an adult member of the Nuwaubian leader's ''inner circle'' informed her ''something wonderful'' was going to happen that would have ''deep significance for her spiritual development.''

After eating a meal prepared specially for her at York's home one evening, Stacey was instructed by the woman to go upstairs to take a bath that had been drawn for her.

''So I bathed,'' Stacey said. ''Then I heard (York's) voice say, 'Come in,' and so I followed the voice into his bedroom and then it happened.

''He told me not to be scared, that it's going to hurt a little, but it hurt a whole damn lot.''

Stacey said York eventually told her the reason she had been summoned to his bed.

''The first time he didn't explain,'' she said. ''I mean, it was late and I was kind of scared - I mean I was really scared because I didn't know what was going on. But after awhile he explained the religion, that I had a purpose there and all this crappy stuff,'' Stacey said. ''He told me not to tell anyone, that it was a secret. At first I thought it was a privilege because it was such a big secret, but when I saw he was doing the same thing with other girls, so what makes it such a privilege? After a while I just felt like I was a prisoner in that place and couldn't get out.''

What sustained her during the years of sexual abuse was a form of dissociation.

''It's like you're somewhere, but you're not really there, you know?'' Stacey said. ''You're just there for the moment, doing whatever, because that's what you have to do.''

Stacey said while she was at the compound there were at least five other girls York favored, and they were all told that before the apocalypse came, they would be among the 144,000 believers who would be spirited away to safety by the mother ship from the planet Rizq from the galaxy Illyuwn.

''I've never seen an alien, but they drill it into you so much that you actually start believing in them,'' Stacey said.

Breaking away
In addition to the Putnam County property, York in 1998 bought a $528,000 mansion on Mansfield Drive in Athens, where Stacey said she was sometimes taken for more sexual abuse.

It was at about that time she began to rebel against York's authority, coming to see that York expected her to act like an adult in his bedroom, yet he treated her like a child the remainder of the time.

''You're told that you have to do certain things, and so you feel if you do the same things they do, why can't I do everything that they do?'' Stacey said.

It was while in Athens that Stacey began planning her break from the Nuwaubians, despite the fear tactics York used to keep her there, including a prediction she would be raped and murdered if she left.

''They would take me out to the stores in Athens, and I'd see all the college kids and stuff, so I'm like, 'Damn, I want to do that one day,' '' Stacey said. ''I mean, I don't always want to walk around bald and looking like a freak.''

Upon being sent back to the Putnam County compound in 1999, Stacey called her father in New York and asked him to get her. He did, but it wasn't until the next year that Stacey confided in a sister about the sexual abuse she had endured. When the sister told their father, he in turn contacted authorities.

York was arrested in May 2002 on state and federal charges. He has since pleaded guilty to 74 state counts of child molestation, and as part of a plea agreement pleaded guilty to a single federal count of transporting children across state lines for sexual purposes. The plea bargain was rejected by a U.S. District Court judge earlier this month, and a trial on the federal charges is scheduled to begin Aug. 4.

Sentencing on the state charges is on hold because the sentence is to run concurrent with any federal sentence that is imposed.

Trying to survive
Stacey, who now lives with family in Florida, graduated from high school in May and hopes to one day attend law school. She said she became interested in law while doing legal research for York when Putnam County officials began conducting inspections of the Nuwaubian compound.

In the meantime, she said, it is a daily struggle to get her life on an even keel - socially, emotionally and spiritually.

''I find it hard to believe in anything because I just think everything is bull-- now - excuse my French,'' Stacey said. ''You come from where you see people make up stuff, so it makes you wonder, 'Does everybody else do it?' It's hard for me to be religious. I don't know where my faith actually lies.''

She said she continues to have ''problems'' with her family, because ''we just don't really know each other.''

Stacey has also had problems maintaining a relationship with a boyfriend because her Nuwaubian experience left her with trust issues, and she found herself asking, ''What's he in it for - what does he want from me?''

In short, Stacey is trying to adjust to living the life of a normal young adult.

''There's a lot of catching up I've got to do,'' she said. ''So right now, I'm just doing what I have to do to try to survive. Things are a little rough, but I'm trying to make it.''

Government seeks York's money, properties

Macon Telegraph/July 23, 2003
By Rob Peecher
Eatonton -- The U.S. Attorney's office in Macon has filed a civil suit seeking the forfeiture of money and property from cult leader Malachi York.

The property includes the 476-acre Putnam County compound where York and his followers, the United Nuwaubian Nation of Moors, erected pyramids, a sphinx and other Egyptian-style statues. The government also wants York's home that is in an upscale Athens neighborhood. York's followers refer to the home as "the mansion."

Also, U.S. District Court Judge Ashley Royal will preside over York's federal criminal case after Judge Hugh Lawson recused himself, according to the federal clerk of court's office.

Lawson had rejected a negotiated plea agreement between the government and York's defense team because he believed the 15-year negotiated sentence was too lenient. One of York's attorneys said this week that the defense is hopeful that Royal will accept the negotiated plea.

In addition to the two properties being sought through the civil suit, the government is also seeking the forfeiture of $430,000 seized by federal agents who raided the compound and York's Athens home when he was arrested in May of 2002.

U.S. Attorney Max Wood said Tuesday that when Lawson rejected the negotiated plea the government effectively lost the $430,000 which York had forfeited as part of the plea. The civil suit seeks to allow the government to regain that money and adds the two properties.

"What we're doing is we filed a civil action, a forfeiture action, against the money seized back in May of 2002 and against the property, and that is a result of the plea being rejected by Judge Lawson," Wood said.

Though York was for several years the sole owner of the property in Putnam County, shortly before his arrest he deeded the property to three members of his group: Ethel Richardson, Anthony Evans and Patrice Evans. To take the property, the government will have to prove that York effectively maintained control of the property and conducted criminal activity there.

"We have a burden of proving that criminal activity was associated with that property," Wood said.

The three people who hold title to the land "would be entitled to respond to any forfeiture complaint we filed," Wood said.

The government has maintained possession of the cash since it was seized during York's arrest and during the raids on the two properties, and will hold it while it is still subject to civil litigation.

After his arrest, York was indicted by a federal grand jury and a Putnam County grand jury. In January, just before the trial was to begin on the state charges, York pleaded guilty in federal court to one count of attempting to evade federal financial reporting requirements and one count of transporting minors across state lines for the purpose of having sex with them. He then pleaded guilty to 77 state charges mostly involving child molestation and aggravated child molestation.