By David S. Menjor, Liberian Observer
Following 16 years of Dr. Malachi Kobina York’s 135 years prison sentence at ADMAX maximum prison facilities in Colorado for acts said to be grave, the Daily Observer has received a documentary report presenting Habiybah Washington recanting her testimony she delivered in 2004 against Dr. York.
The official judgment from the Middle District Georgia Court has nothing depicting that Dr. York truly committed the act of child molestation. The judgment, as in the case of other relevant documents about the case, is in the possession of this newspaper and public records pacer.uscourts.gov.
Washington, who was 28 years old at the time of her recantation and resided in Brooklyn, New York, made an open affidavit distancing herself from what she referred to as a “conspiracy” only intended to bring Dr. York to public disrepute and let him rot in jail.
“I was never molested by Malachi York.” she told a Dwight Johnson Dekalb County GA Notary Public on April 23, 2004, at her swearing before the notary.
In contrast to her testimony when she told the jury that she was molested at the age 13 by Dr. York, Washington said, Dr. York never forced her to have sex.
“I do not know of anyone he has molested. I do not know of any children he has ever had sex with,” she revealed, adding, “I never took children to him for the purpose of sex.”
As for the age of maturity in the U.S., each state has its own general age of consent. Currently, state laws set the age of consent at 16, 17, or 18 and some even younger. Over 60 percent of the U.S. population resides in states which have ages of consent as 16 or 17.
It can be recalled that one of the counts against Dr. York for which he is languishing behind bars is “Conspiracy to transport minors in interstate commerce for unlawful sexual activity,” not child molestation.
About what prompted the recantation (retraction) of her testimony in 2004, she said: “I do not believe that Malachi should be in prison for crimes he did not commit.
“My lawyer and Jonathan Marks, Malachi York’s lawyer, have explained to me that I am putting myself at risk by signing this affidavit. I know that but I want the truth to come out. I make this affidavit of my own free will. No one has threatened or coerced me to make it neither have I been offered anything of value in return for making this affidavit,” she said.
Washington further said that she has understood that in light of her previous testimony and statements to the Federal agents and Assistant U.S. Attorney she can be persecuted for perjury (lying under oath) and other crimes.
“In spite of the risk I am putting myself in, I am prepared to make this affidavit in order to make up for my previous perjury,” she boldly said.
Getting to the origin to what she called a “calculated plan to let Dr. York suffer and rot in jail, Washington pointed her finger at Dr. York’s son, Jacob York, for being the progenitor of the circumstances that led his father to the maximum prison center.
“In May 2001, I had a conversation with Jacob at his house. Jacob said he wanted his father to go to jail and that his father did not deserve to live. He asked me to go to the Federal Bureau of Investigation (FBI) with a set of false information against his father so that he could be arrested and taken to jail for acts he even though did not commit,” the witness said.
In her testimony in 2004, Washington informed the jury in contrast to her recantation that she was sexually molested by Dr. York when she was thirteen years old.
“Jacob said it was his daily wish that his father goes to jail. He said that he thought at that time that his father, Malachi York mistreated his mother and that he must have been responsible for her death,” Washington said in her recantation.
She said their plan took effect upon their return from Florida where she, Jacob and a number of other young girls and boys went for outing.
About the conspiracy to structure cash transactions to evade currency transactions reporting requirements charge, she said Dr. York had no connection, at any point to acts contravening the federal law on banking transactions or any other financial transactions.
The Daily Observer’s research has shown that it is against the U.S. Federal law for anyone or institution to purposely deposit at any point in time less than US$10,000 to avoid federal reporting requirements; but the 2004 judgment against Dr. York said to have come from Washington and other witnesses’ testimonies that he was guilty of the offense, even though in all of the adjudication of the case, York’s supporters claim that there was no evidence to authenticate York’s involvement in any wrongdoing.
Washington said: “Malachi has never done the deposits with us. I do not know if he knew that we were breaking down the deposits.”
She added that she is sure that Dr. York never told her that anyone else deposited less than US$10,000 at the time for the sake of avoiding the payment of financial transaction taxes.
A sealed transcript on the trial of Dr. York, which is also in the possession of Daily Observer, presented the U.S. FBI agent, Jalaine Ward, as saying to Dr. York’s Attorney then Adrianne Patrick during cross examination at trial, that she had no evidence during her investigation into the case for which Dr. York is now languishing behind bars.