Question: Ask The Nuwaupians, Did You Know That Malachi York Never Withdrew His State Guilty Plea?
Answer: Nuwaupians are clueless on facts such as this.
Let me ask you the reader this question, if a person claims (in part) that his/her guilty plea in a courtroom was due to "torture", is there any conceivable logical reason as to why 17 years later this same person (who just so happens to be Malachin York) still refuses to withdraw the said guilty plea?
The answer is obvious and very simple. This article is short and to the point, it'll show you the facts reveled in court, so use it as ammo to counter the Nuwaupian religious rhetoric and conspiracy theories with regards to York's case. Malachi York was charged in a Federal case and a State case. He plead GUILTY in BOTH, one day apart, January 23 and 24th 2003. Two different venues; two different courts.
The video most have seen of York's guilty plea on YouTube was the guilty plea in State court, and when asked if he was forced into a confession, or anything to that effect, York said no and signed the confession, thus debunking any notions of York being drugged, coerced or tortured into giving a guilty plea.
In each of those guilty pleas, York refuses to withdraw either plea. So to this day York has never withdrawn his State guilty plea. The Federal judge REJECTED York's guilty plea which lead to the court trial, ultimately York's attorney Mr. Rubino did file to withdraw the Federal guilty plea, but not something York expressed nor verbalized when asked.
This was never done with the State guilty plea. Remember, his State Plea is still on record and he's NEVER withdrawn it. The above is the Federal guilty Plea being withdrawn by Attorney Rubino because the Judge rejected the plea agreement. The Judge rejects York's guilty plea and asked him if he wants to withdraw it and York refused to or to even participate. So later... Rubino is the one who withdrew York's plea.
The plea process is different in the State verses the Federal. In the Federal courts the judge can choose to accept or reject a guilty plea, in York's case the judge felt that with the numerous counts and charges against York, the negotiated 15 years was insufficient time, opting for a minimum of 20 years based upon the SENTENCING GUIDELINES in the Pre-Sentencing Investigations Reports, thus he rejected the Federal plea.
Below is the cover sheet of York's Presentencing Investigation Report with a few examples of what the Honorable Judge Hugh Lawson saw and the recommendations in the report of giving York more time rather than 15 years for all the counts perpetrated on minors.
A presentencing investigation report is the legal term referring to the investigation into the criminal history of a person convicted of a crime before sentencing to determine if there are extenuating circumstances which should ameliorate the sentence or a history of criminal behavior to INCREASE the harshness of the sentence
The above is just a sample of a very rigorous, lengthy and detailed document, Malachi York's Presentencing Investigation Report (PSIR). Most have never read it nor the court records of what was said by the Judge and Dr. York regarding his guilty plea. In this article, you'll get a chance to read the documents which shows that the Judge gave York several chances to retract his guilty plea, in this case the Federal, however York refuses to remove his guilty plea to which the judge informs York as to why he's rejecting it, and subsequent to that York goes on trial, but again, this point can't be stressed enough, as of 2019 Malachi York has NOT withdrawn his guilty pleas in both Federal and State courts, thus the 2004 Federal trial was as a result of that rejection.
Some Nuwaupians will say that the State case against York is "Dead Docketed", or that the case is "closed", a disingenuous form of diversion. Dead Docket simply means that the prosecution has placed the case in "indefinitely" status, but can be reinstated at any time by the court. In other words, it has no calendar date; it's still pending, so if York were to ever get released from Federal prison (an impossibility) nevertheless he would still have to face the negotiated 77 counts, down from 108 in his State guilty plea of child molestation, a guilty plea he has NEVER taken back.
I offer to you the public records of the court hearing from June 30, 2003, after reading and given the opportunity ask the Nuwaupians this question, why hasn't Malachi York EVER withdrawn his State guilty plea?
And there you have it, there's nothing more to add to this article, Malachi York spoke to the court, spoke his mind, and with each opportunity to change his plea, stubborn York refused to verbalize to the courts any withdrawal of his guilty plea. What's also noteworthy is the fact that York cited being a Sovereign, a Native American of a tribe and NOT a Liberian diplomat nor a citizen of Ghana, West Africa (but that's for another article).
