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Nuwaubian leader’s lawyers argue for an appeal in court

Associated Press, via the Athens Banner-Herald, USA
Sep. 15, 2005
Daniel Yee
onlineathens.com

ReligionNewsBlog.com • Saturday September 17, 2005

ATLANTA – The 11th U.S. Circuit Court of Appeals is determining whether the child sex charge conviction of jailed religious sect leader Dwight “Malachi” York should be overturned after his attorneys Wednesday made their appeal in court, saying the original trial was flawed.

York, the founder of the predominantly black Nuwaubian Nation of Moors, was sentenced in April to 135 years in federal prison for molesting 14 boys and girls whose parents were members of his group.

His attorney, Adrian Patrick of Athens, said federal prosecutors improperly applied federal racketeering laws and the grand jury was tainted by pretrial publicity. Dozens of York’s supporters filled the courtroom and many others heard the attorneys’ arguments through a speaker in an empty courtroom next door.

“We feel very confident with the appeal,” Patrick said outside the courthouse after the hearing, surrounded by about 100 of York’s supporters. York “wants to be released because he feels he was unconstitutionally convicted.”

Assistant U.S. Attorney Richard Moultrie countered by arguing that York’s organization was created solely for the leader’s personal gratification.

“Mr. York was concerned about two things – sex with children and money,” Moultrie said. “He simply used his enterprise for unlawful sex with children and for money.”

It is unclear when the appeals judges will make a decision on the case. Patrick said the decision could come within a month.

Tuesday, the Putnam County Sheriff’s Office received a check for nearly $546,000 for the sale of York’s 476-acre Nuwaubian compound.