We Ask For Justice For Michael Ellis

  • by: Thomas Byers
  • recipient: Govenor Of North Carolina Pat McCrory

Michael Lee Ellis Jr. was convicted of drug trafficking and was sentenced to 30 years and 3 months in prison. Michael had never been in prison before and it was proven in court that a large portion of the pills Michael was convicted for belonged to a relative who had ridden in the truck Michael was driving. There is no way that this was a fair sentence.

And in court the detectives in the case admitted that they had at no time read Michael Ellis his Miranda rights. This was in clear violation of Michaels 4th and 5th constitutional admendment rights. Michael was given more time than if he had commited murder or some other violent crime.

In Miranda Versus Arizona the US Supreme Court ruled that admission of an elicited incriminating statement by a suspect not informed of these rights violates the fifth and six admendments to a right to counsel. Thus if law enforcement officials decline to offer a Miranda warning to a individual in their custody, they may interrogate that individual and act upon the information they gain but they may not use that persons statement to incriminate that person in a criminal trial.

 The Miranda warning is part of a preventive criminal procedure rule that law enforcement is required to administer to protect an individual who is in custody and subject to direct questioning or its functional equivalent from a violation of his or her Fifth Amendment right against compelled self-incrimination.

The Supreme Court did not specify the exact wording to use when informing a suspect of his/her rights. However, the Court did create a set of guidelines that must be followed. The ruling states:...The person in custody must, prior to interrogation, be clearly informed that he/she has the right to remain silent, and that anything the person says will be used against that person in court; the person must be clearly informed that he/she has the right to consult with an attorney and to have that attorney present during questioning, and that, if he/she is indigent, an attorney will be provided at no cost to represent him/her.

Michael Lee Ellis Jr. Was Never Read The Miranda warning. The detectives admitted on the stand in Michaels trial that no Miranda warning was ever given to Michael.

We ask because of this that Micahel Lee Ellis Jr. be released from prison. His trial and resulting term in prison is illegal as per the above information from the U.S. Supreme Court ruling. We ask that everyone sign this petition asking for justice to be done for Michael Lee Ellis Jr.

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