Convicted of child molestation
York exercised tight control over the sexuality of his followers. One source notes:
[W]hile extolling the virtues and importance of family life and the conjugal relationship, he denies such relationships to his followers except at strictly controlled intervals. He urges his female followers to pattern themselves on the Islamic paradigms of the wife and the mother, apparently desiring the creation of stable family units. But in reality the husbands and wives are segregated in dormitories, separated also from their children. York permits spouses to cohabit only once every three months. They are permitted to meet in the "Green Room" by prior appointment only.[23]
However, York himself was far from chaste. He explained to his followers:
I do not live under your law, I am not a student enrolled under Earth principles, I don’t have the morals you have, your idea of morals is different. Go back in ancient times, you’ll find out that Anu was married to his sister… and Ishtar was married to her son back then that existed. …I come from a world where we don’t have your laws, and the way we go about things is different. I come from the Pharaoh’s world and in the Pharaoh’s world the Pharaoh saw Sarah, he saw her with himself so he took her. In Abraham’s world that was the wrong thing to do, but the Pharaoh didn’t care about Abraham’s world because he was living in his world and his ritual…[24]
In 2002 York was arrested and charged with over a hundred counts of sexually molesting dozens of children, some as young as four years old. According to Bill Osinski, who wrote a book on the case: "When he was finally indicted, state prosecutors literally had to cut back the number of counts listed — from well beyond a thousand to slightly more than 200 — because they feared a jury simply wouldn’t believe the magnitude of York's evil.… [It] is believed to be the nation’s largest child molestation prosecution ever directed at a single person, in terms of number of victims and number of alleged criminal acts."[25]
In early 2003 York’s lawyer had him evaluated by a forensic psychologist, who diagnosed a DSMIV "impression consisting of Axis I - Clinical Syndrome of Delusional (Paranoid) Disorder, Generalized Anxiety Disorder, Adjustment Disorder with Depressed Mood, and Axis II - Personality Disorders; Histrionic Personality Traits, Self-Defeating Personality Traits, and Schizotypical Personality Features."[26]
York pled guilty in 2003 in a plea bargain that was later dismissed by the judge, and then was convicted by a jury on January 23, 2004 – the judge having rejected his desire to be returned for trial to his own tribe:
"Your Honor, with all due respects to your government, your nation, and your court, we the indigenous people of this land have our own rights, accepted sovereign, our own governments. We are a sovereign people, Yamassee, Native American Creeks, Seminole, Wa****aw Mound Builders. And all I’m asking is that the Court recognize that I am an indigenous person. Your court does not have jurisdiction over me. I should be transferred to the Moors Cherokee Council Court in which I will get a trial by juries of my peers. I cannot get a fair trial, Your Honor, if I’m being tried by the settlers or the confederates. I have to be tried by Native Americans as a Native American. That's my inalienable rights, and it’s on record."[27]
He asserted to the court that he was a "secured party," and answered questions in court with the response: "I accept that for value." This may have been a heterodox legal strategy based on patriot mythology.[28]
He was convicted of multiple RICO, child molestation, and financial reporting charges and was sentenced to 135 years in prison. His case was appealed to the 11th Circuit Court of Appeals, but that court upheld the convictions on October 27, 2005.[29] A U.S. Supreme Court appeal was denied in June 2006.[30]
Malik Zulu Shabazz of the New Black Panther Party (who says that York "is a great leader of our people and is a victim of an open conspiracy by our enemy"[31]) and Liberian Senator Francis Y.S. Garlawolu have been among those working on a variety of avenues of appeal, and the Southern Regional Director of the Rainbow/PUSH Coalition also pledged his support.[32]
York’s followers assert a number of defenses, including that their leader Malachi Z. York who was charged and convicted is not the same person as the Dwight D. York who is listed in court documents as the criminal (one of York’s sons is named Dwight, and sometimes the claim is made that it is York’s son and not York himself who is or should be the real defendant),[7][33] or that York was set up by his son Jacob in coordination with al Qaeda-linked American mosques jealous of York’s influence among black Muslims.[citation needed]
In October 2004 York wrote a letter from prison to his followers that read, in part:
On August 12, 2004, just days before court, 3 visitors came to me, Crlll, Alomar, and Saad, they healed me. They came from Zeta Reticuli. I had not seen them since I was a child in Teaneck, New Jersey. They don’t age at all. Anyway, they told me the game is almost over. Those that truly love you are coming together for you. They are passing the Great Test. I asked them why I could not just walk out? They said, "Because there is an order to the Kosmos that must never be altered" … Many inmates have seen me float. That is why they keep moving me away. It is because people Canaanites as well are converting inside.[34]
York believes that his betrayal, arrest, trial and imprisonment (and eventual release) were foretold in chapter 10 of Zecharia Sitchin’s The Wars of the Gods and the Men, with York being represented by Mar-duq in that story.[35]