Malachi York

Ask the Nuwaupians, How does it feel to know that your teacher sexually molested innocent Nuwaupians when they were children?

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Ask the Nuwaupians, How does it feel to know that you teacher sexually molested innocent Nuwaupians when they were children?

Answer: We never knew the details of the court case, we belived the Nuwaubian Facts site was giving us the total truth.

I want to first start by stating that any photos or images of the victims is not to disrespect, vilify  or degrade them in any way. It's intended to show the faces of those individuals who had the courage to come forth and tell what they knew and experienced first hand, despite knowing that they would be hated, ridiculed, labeled traders, threatened, and friend loses.   Having pictures of these victims helps to bring a reality to the minds of the reader, showing that these are real people and suffered at the hands and will of Malachi York.

 

Court Transcript December 30, 2003 pg. 2 LL 13-19:


“I will also tell you that I’m not going to have a closed trial. I have made arrangements to have a closed circuit television set up, and any spectators will be able to watch the trial of this 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 or the First Amendment.”

-The Judge

During the course of the trial of this case, there were 40-50 spectators viewing the trial on closed circuit television with the witnesses, inclusive of alleged victims or witnesses who would be under the protection of the Title 18, United States Code, Section 3509(d). The names and faces of victims and all witnesses in the trial of this case were witnessed by the 40-50 spectators or members of the public. The following are the trial notes. The following is the testimony of David Noel, also known as, Tarriq Noel, witnessed by everyone attending the trial.

 

The following are (Trail Notes) taken from public viewing in the Public Gallery. It was open to all and there were 30-50 people watching the trial in real time and they took very good notes, most being current and former Nuwaupians.

 

Q. I want to talk to you about upstate New York.

David Noel: Okay.

Q. Was there a time when you were living upstate that Mr. York began to behave in a sexual manner towards you?
 
David Noel:  Yes.
 
Q. How old were you?
 
David Noel: 7. 
 
Q. And where  on the property in upstate New York were you living at age 7 when Mr. York began to behave sexually  towards you?
 
David Noel: In building 101, where I was living with other children my age.
 
Q. Do you remember the first time it happened?
 
David Noel: Yes, we was in the trailer and the lights were off, and it was a porno cartoon on, and I was sitting on the bed and York was there and Najlaa was there.  My pants were off and she was playing with my genitals and York had his pants off.
 
Q. Now you mentioned a cartoon.
 
David Noel: Yes.
 
Q. What type of cartoon was playing?
 
David Noel: It was a pornographic cartoon.
 
Q. This is exhibit 28. Have you watched this item?
 
David Noel: Yes.
 
Q. What do you recognize?
 
David Noel: I recognize a fountain with a devil.  It was a image of a devil and I'll never forget it.
 
Q. Why not ?
 
David Noel: Because it's stuck in my mind and when I saw it, it took me back.
 
Q. To what day?
 
David Noel: The first incident that it happened on my birthday.
 
Q. And what are you referring to? What incident?
 
David Noel: The molestation.
 
Q. Involving who?
 
David Noel: Involving York and myself.  I was there with York and Najlaa.
 
Q. David is this the adult cartoon you were referring to when you talked earlier about seeing an adult cartoon  being played by Mr. York.
 
David Noel: Yes sir.
 
Mr. Moultrie says,  Your Honor, we would like to play that section of the tape from exhibit 28.
 
Q. David explain to the jury what stood out in your mind about this cartoon?
 
David Noel: The part with the fountain and the devil standing on top of it, sitting on top of it.
 
Q. When you got to the trailer, was it already playing?
 
David Noel: Yes.
 
Q. What exactly did Najlaa do to you while the cartoon was playing?
 
David Noel: First she started massaging my genitals then she gave me oral sex.
 
Q. How old were you again?
 
David Noel: 7 years old.
 
Q. Did this happen on your birthday?
 
David Noel: Yes sir.
 
Q. Did Mr. York engage in any sex acts with you when you moved to Eatonton?
 
David Noel: Yes.
 
Q. Was there an incident with You, Mr. York and a boy named Khalid Eddington?
 
David Noel: Yes.
 
Q. What do you remember about that?
 
David Noel:  I remember walking  to the house and went upstairs and it was just me and him Eddie (Khalid)  in the upstairs bedroom and he was trying to get comfortable to mess around.  And Kathy kept coming upstairs with tea and water and asking us if we needed anything.  There was a dildo up there and Eddie (Khalid) picked it up trying to get comfortable and eventually we began to have oral sex and from there, Kathy York came upstairs and directed us to the downstairs bedroom, to the bed, and Kathy York took off her pants and began fondling me and Eddie (Khalid Eddington), then Mr. York took off his clothes and came over to do the same thing. he asked me to hold his genitals and to arouse it, then he brought it closer to my mouth and then I gave Mr. York oral sex, then Kathy, then Eddie.

So, from there he got undressed and came over to the bed, he put his penis in my hands, and then I gave him oral sex, and he tried anal and between he Kathy and Eddie they were switching around between people.
 
Q.  When you say he attempted anal sex, what do you mean?
 
David Noel: He tried to penetrate my anus with his penis.
 
Q. How did you react?
 
David Noel: I was in pain.
 
Q. Did you tell him?
 
David Noel: No, I was scared.
 
Q. What did he do after having trouble putting it in?
 
David Noel: He put baby oil to try and lubricate it, and on occasion he would try to put his finger in to loosen it up.
 
Q. Baby oil, you mentioned that the defendant used as a lubricant, do you recognize any ointment like that in the picture marked as exhibit 8?
 
David Noel: towards the right, I see it.
 
Q. What type of product are you referring to?
 
David Noel: The baby oil.
 
Q. Look at the large screen, is that what you're referring to?
 
David Noel: Yes sir, it was also cherry flavor.
 
Q. How do you know?
 
David Noel: Because he used it when I gave him oral sex.
 
Q. Where did he put it?
 
David Noel: On his penis.
 
Q. In exhibit #9 where does the picture appear to have been taken?
 
David Noel: It's from the bedroom, not sure exactly.
 
Q. Let's see the other picture from exhibit #8, does this help?
 
David Noel: Yes, that's in the downstairs bedroom.
 
Q. Okay, after the incident with Khalid, Kathy and Mr. York, did York continue having sex with you and Khalid?
 
David Noel: Yes sir.
 
Q. How often?
 
David Noel: At least once every week or every 2 weeks, and from that with less frequency.
 
Q. David, exhibit 16, do you recognize what is depicted in the picture?
 
David Noel: Yes.
 
Q. Who is that?


 
 
David Noel: Issa Johnson.
 
Q. Did you ever see Mr. York do a sex act to  Issa, did Issa appear older or younger than he is in exhibit #16?
 
David Noel: He looked a little younger than this.
 
Q. How old was he the first time you saw Mr. York do a sex act on him?
 
David Noel: I'm not sure how old he was, I was 3 years older than him, so 5 or 6.
 
Q. What sex acts did you see Mr. York perform on Issa Johnson?
 
David Noel: I've seen Issa perform oral sex on York, I seen York attempt anal sex on Issa and I've seen Issa attempt anal sex on York.
 
Q. Where was the first time you saw this?
 
David Noel: In his house in the downstairs bedroom.
 
Q. Was anyone else present?
 
David Noel: It was Najlaa or Marcula (Khadiyjah Meritt) 


  
Q. Was it daytime or night?
 
David Noel: Night.
 
Q. You talked about going into Mr. York's house on more than one occasion.
 
David Noel: Yes.
 
Q. Was it usual for normal followers living in Eatonton to go to York's house? 
 
David Noel: No, you can't go inside the house, it wasn't allowed.
 
Q. Following your return to Eatonton did you begin to avoid Mr. York sexually?
 
David Noel: Yes.
 
Q. And when he would come back and forth to Eatonton, did the sex acts continue?
 
David Noel: Yes.
 
Q. How old were you then?
 
David Noel: Around 14 -15.
 
Q. Where?
 
David Noel: In his house down the hill,  on 2 occasions, it was a house near the Ramses Club.
 
Q. Did you leave Mr. York's community in Eatonton at some point?
 
David Noel: Yes.
 
Q. Do you remember when?
 
David Noel: I left January 2001.
 
Q. Did any of your family leave with you?
 
David Noel: Yes, my Mother, my 2 sisters and my 3 younger sisters.
 
Q. Why, what happened that made them leave?
 
David Noel: My Mother found out.
 

This again is what the Nuwaupians and Malachi York doesn't want the world to know,  which was goings on in Eatonton and in his Athens home.  These young people were taken advantage of, and people wonder why he received such a lengthy sentence.