Malachi York

Ask The Nuwaupians, why do you say the trial was closed and no one other than the media and those inside saw what took place?

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Question: Ask The Nuwaupians, why do you say the trial was closed and no one other than the media and those inside saw what took place?

Answer: They closed the courtroom so no body would see that they had no evidence on Doc, that way they could say anything and convict him.

 

Misinformed Nuwaupians get heated when any talk of the York trial is mentioned.  This is due to a lack of knowledge of the pre-trial and the actual trail.  York fans and supporters are unaware that  The Honorable Judge: Ashley Royal set up a room for anyone who wanted to watch the trial in real time.  So there's was nothing that the viewers missed.  All of the victims, witnesses, evidence and York himself was fully visible on the screen.  Those who watched the court trial on the television monitor included many Nuwaupians, and these Nuwaupians took trial notes of nearly everything that was said, names, dates, witnesses and victims, so why do Nuwaupians believe that no one saw what took place in court during the trial that took place in January 2004?

 

Pre-Trial Hearing: December 30th 2003 (10:35 A.M.)

 

The Judge:  Now, the purpose of this hearing today is to discuss the two matters, motions (so to speak) , that I brought up last week at the pretrial conference, or the week before last at the pretrial conference, related to the possibility of having a closed trial and the possibility of a sequestered or an anonymous jury; and I will tell you that I'm not going to sequester the jury, except possibly for their deliberations, and I will decide about that at the appropriate time. 

I will also tell you that I'm not going to have a closed trial.  I have made arrangements to have closed circuit television set up, and any spectators will be able to watch the trial of the case on the third floor by watching the monitor set up for closed circuit television, and I think that satisfies any public trial requirements under the Sixth Amendment of the First Amendment.  And even if I didn't do it that way, I think that the circumstances of this case would justify having a closed trial.

 

York Defense:  The defendant should not be punished by having a constructively closed courtroom, which it will be in our position that that's what the Court is proposing.  By having the third floor closed circuit T-V, that's a constructively closed courtroom which violates the defendant's Sixth Amendment right to a public trial and violates the public's first Amendment right to have a right to view the trial.

 

The Judge:  Well, I'm not clear that that's correct, and it would certainly seem that even if it is correct, that the closed circuit television concept would deal with that.  I don't really understand what is lost by not having somebody in the courtroom when they're upstairs and they're able to see all witnesses in the trial of the case.  It's a little bit unclear to me about what's lost.  That's clearly a public trial as far as I'm concerned.

 

York Defense:  Judge, that's why I raised some of the issues, and that's why I mentioned the prejudice prong as far as it goes, but I'll rest my argument.

 

The Judge: Okay. I understand. 

 

The Prosecution:  Your Honor, for the government's part, we'd like to renew our objection to the use of a closed circuit television system during the course of this trial, particularly during the course of the testimony of the child victims that will testify in this case.  For reasons that I articulated in my motion, I don't think that the use of closed circuit television will cure the problems or the potential problems that are posed by the degree of psychological harm that can be caused by Mr. York's followers being able to monitor the testimonies of these children. 

If the Court's mind is made up on that point, what I would ask your Honor is for a point of clarity, and that is, will the spectators that are allowed to be present in the courtroom where the closed circuit television will be set up, will they be searched to ensure that they do not have recording devises?

One of our concerns of the government is the number of very sensitive materials in this case have been made public over the internet by members of Mr. York's organization, and our concern would be that if spectators are allowed to be in the this courtroom, that they will record the testimony for the children and then disseminate that information.

 

The Judge:  Well, there's not going to be any recording devices or any kind of mechanical devices that are authorized in the courtroom, so I don't think you need to worry about that.

 

The Prosecutor:  Okay.

 

The Judge:  My understanding about what you just said, Mr. Moultrie, is that you don't have an objection to the concept of the closed circuit television; you just don't want certain witnesses shown on that; is that correct?

 

The Prosecutor:  Correct your Honor... according to the Child Victim Protection and Witness Act, Child Victim and Witness Protection Act, any child that will be testifying about acts of molestation that occurred while they were minors or any adults that will be testifying about incidents of child molestation that occurred while minors are protected by that act.  That title is 18 United States Code Section 3509.  I can provide the Court with another list of those witnesses if the Court would like or I could outline them for the Court now.

 

The Judge:  How many people are on the list?  How many witnesses are on the list?

 

The Prosecution: Your Honor, I'd have to count again, but I'm guessing that it's about 12 witnesses.

 

The Judge: Okay.

 

The Prosecution:  If the Court is of the mind that a closed circuit television system is the one that's most appropriate, then what we would ask is that when the child victims and witnesses who are testifying about matters, about child molestation when they were children, when those witnesses are testifying, we would ask that the closed circuit television not be used.

 

The Judge:  You want to respond to that, Mr. Arora?  I see you shaking your head over there.

 

 York Defense:  Judge, I mean this is bordering on ridiculous.

 

Anyone seeking to see the entirety of the York pre-trial hearing can access it via http://www.pacer.gov/  Pacer stands for Public Access to Court Electronic Records (PACER) and it's an electronic public access service that allows users to obtain case and docket information from federal appellate, district and bankruptcy courts, and the PACER Case Locator via the Internet. PACER is provided by the federal Judiciary in keeping with its commitment to providing public access to court information via a centralized service.

 

When the Prosecution mentioned,  "That title is 18 United States Code Section 3509"  Judge: Ashley Royal followed the codes and was within the law in protecting the child witnesses and victims.

According to 18 U.S. Code 3509 Child Victims and Child Witnesses Rights

 (b) Alternatives to Live In-Court Testimony.—

(1) Child’s live testimony by 2-way closed circuit television.—

(A) In a proceeding involving an alleged offense against a child, the attorney for the Government, the child’s attorney, or a guardian ad litem appointed under subsection (h) may apply for an order that the child’s testimony be taken in a room outside the courtroom and be televised by 2-way closed circuit television. The person seeking such an order shall apply for such an order at least 7 days before the trial date, unless the court finds on the record that the need for such an order was not reasonably foreseeable

(B) The court may order that the testimony of the child be taken by closed-circuit television as provided in subparagraph (A) if the court finds that the child is unable to testify in open court in the presence of the defendant, for any of the following reasons.

 

So why do Nuwaupians rant with conspiracy theories that the courtroom was closed implying that no one saw the trial outside of those in the courtroom?