Free Michael Ellis
No Miranda Rights Were Ever Read To Michael Ellis
The law enforcement officers involved in the case of Michael Ellis never read Michael Ellis his Miranda rights and they admitted this on the stand during their testimony during the trial of Michael Ellis. It is a matter of public record.
The Miranda warning, also referred to as Miranda rights, is a warning given by police in the United States to criminal suspects in police custody (or in a custodial interrogation) before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings.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.
In Miranda v. Arizona, the Supreme Court held that the admission of an elicited incriminating statement by a suspect not informed of these rights violates the Fifth and the Sixth Amendment right to counsel. Thus, if law enforcement officials decline to offer a Miranda warning to an individual in their custody, they may interrogate that person and act upon the knowledge gained, but may not use that person's statements to incriminate him or her in a criminal trial.
Kirby Turner who was the Assistant District Attorney of Cleveland County knows that Michael Ellis was not read his Miranda Rights. Everyone in the Cleveland County District Attorneys Office knows this and they don't care that they clearly violated the 5th and 6th Admendment Rights of Michael L Ellis. Something needs to be done about this. We need to call the Cleveland County District Attorneys Office and ask why they allowed this to happen. We need to call them and ask them why they allowed this to happen.
Rick Shaffer is the District Attorney of Cleveland County N.C.
District Attorney Rick Shaffer Cleveland County Law Enforcement Center
100 Justice Place
Shelby, NC 28150
PHONE: (704) 476-7810 FAX: (704) 484-4982
Please write and call Rick Shaffer and ask him why the Civil Rights of Michael Ellis were violated.
Please Help Us To Free Michael Ellis
Please Send Letters And U.S. Postal Money Orders To Michael Ellis
Please write to Michael Ellis at the below address and if you can send a U.S. Postal Money Order made out to Michael Ellis to Michael. Even $5, $10, $20 what ever you can send will be greatly appreciated by Michael. Michael can only receive U.S. Postal Money Orders. If you send money to Michael please be sure to send only a U.S. Postal Money Order and please make it out to Michael and put his inmate number on it. Thanks so much and God Bless You.
MICHAEL ELLIS # 1152067
545 Amity Park Road
Spruce Pine , N.C. 28777
Please Sign Our Petition To Governor Pat McCrory
You can give this URL to anyone and it comes right to this web page.
We are in need of donations of funds for legal and other fees for Michael and his family. If you can contribute to this fund please make your checks or money orders out to Carolyn Wright and send them to her at the below address. Any amount will really help and will be greatly appreciated.
110 Oak Street
Lawndale, N.C. 28090
Below is a statement from Carolyn Wright who is the mother of Michael Ellis Jr.
I am writing to you on behalf of my son Michael Lee Ellis Jr. Michael is 35 years old and he is a victim of injustice. Michael is a drug addict who was given 30 years and 3 months in a Cleveland County Court in a very unfair trail where the civil and constitutional rights of Michael were violated by the setting judge and Cleveland County D.A. Kirby Turner.
It was clear from the start of the trial that D.A. Kirby Turner did not care about justice. She was on a witch hunt for my son a drug addict and even though the police officers involved in the case admitted on the stand that the Miranda Warning was never given to Michael Ellis my son he was convicted and was given 30 years and 3 months. Michael’s four year old son will be 34 years old when his father gets out of jail. How is this justice. D.A. Kirby Turner called my son a monster. But Michael is far from a monster. He is the victim of injustice plain and simple and I ask you to please help my son. Michael’s Civil and Constitutional rights were violated in many ways and I ask that you look into this issue and see that justice is done for my son. I and other family and friends have signed this letter and we would please like a response from you.
Michael Lee Ellis Jr. 1152067 is currently in Spruce Pine N.C. in the custody of the North Carolina Department of Corrections at Mountainview Correctional.
Below is a link to the Shelby Star Story about my son.
Click Here To Read The Newspaper Story About My Son
The newspaper story is no longer there. We do not know why it was removed. It does make one wonder why.
110 Oak Street
Lawndale N.C. 28090
Fr. Thomas Byers
Priest, The American Catholic Church
114 Wells Road , Lawndale N.C. 28090
And Other Family And Friends Of Michael Ellis Jr.
This is the first prison sentence of Michael Ellis and he was given more time than if he had committed murder. If this is not injustice then I do not know what injustice is. Please if you will send the link of this page http://freemichaelellis.com to everyone you know please. And thank you for your time.
We will update this page as often as possible. If you are from the media and would like to interview us about this story please call 704 312 6141.
A Statement From Fr. Thomas Byers
My name is Fr. Thomas Byers. I am a Priest with the American Catholic Church and I have known Michael for many years. Michael was a hard working man who became addicted to prescription drugs and this is what got him into the situation he is in. Michael has worked since his first job at McDonald's when he was 14 and he clearly does not deserve what the Cleveland County Court and D.A. Kirby Turner have done to him. If this is not injustice then I don't know what is. As Mandy says below in the comment section child murderers do not get the amount of time that Michael has been given. There is no way this is justice. It is clear that Michael is the victim of a legal system in bad need of reform. We continue as an American people to give people convicted of drugs huge amounts of time and it just doesn't work. And it never will. Until we as an American people wake up to the fact that we are wasting the resources of our country by locking up people ( especially drug addicts ) for drug crimes then we are doomed the same as we would be if we tried to bail out the Atlantic Ocean a tea cup at a time. But we should also at the same time keep in mind that we can not allow the American Justice System to take away our rights. The Civil and Constitutional rights of Michael Ellis were violated by the Cleveland County Courts and D.A. Kirby Turner. You see the law enforcement officers who arrested Michael admitted in their testimony at Michael's trial that Michael was never given or read his Miranda rights. But it didn't stop there. Time and time again the civil and constitutional rights of Michael Ellis were violated. And the setting judge allowed this to go on. It is for these reasons that I have decided to make this a full time project of mine. Social Justice is a very important issue and the civil and constitutional rights of every man must be defended. We must stand up as a people and say enough. Michael Ellis must be given justice. He must be given fair justice and alloweed to return home to his mother, wife, and son.
Thank You Fr. Thomas Byers
Michael, His Son, His Mom And His Sisters
Michael And His Son Michael
Update Sunday December 1 , 2013
Yesterday I sat at the table with Michael, his Mom Carolyn, and his son Michael. At Mountainview Correctional Michael is allowed to hold his son on his lap. Something that was not permitted at other prisons where Michael has been. I sat there yesterday and saw Michael hold his son and talk to him and it almost brought tears to my eyes thinking about what has been done to Michael, his son and his family.
Michael Ellis the third will be 36 years old before his dad gets out of prison. How could this possibly be justice. Michael Ellis Jr. was given more time for his crime than if he had committed murder. His sentence is far from fair and the constitutional and civil rights of Michael Ellis were clearly violated. Kirby Turner and Rick Shaffer both know that the constitutional and civil rights of Michael Ellis were violated during the trial of Michael Ellis in Cleveland County. Why was this done? The members of the Cleveland County District Attorneys office knows that no Miranda rights were ever read to Michael Ellis. This is a matter of public record. It is a clear violation of Michael Ellis Jr.'s civil and constitutional rights.
What The U.S. Supreme Court Says About This Issue
In Miranda v. Arizona, the Supreme Court held that the admission of an elicited incriminating statement by a suspect not informed of these rights violates the Fifth and the Sixth Amendment right to counsel.
Thus, if law enforcement officials decline to offer a Miranda warning to an individual in their custody, they may interrogate that person and act upon the knowledge gained, but may not use that person's statements to incriminate him or her in a criminal trial.
The six rules
The Miranda rule applies to the use of testimonial evidence in criminal proceedings that is the product of custodial police interrogation. Miranda right to counsel and right to remain silent are derived from the self-incrimination clause of the Fifth Amendment. Therefore, for Miranda to apply, six requirements must be fulfilled:
1. Evidence must have been gathered.
2. The evidence must be testimonial.
3. The evidence must have been obtained while the suspect was in custody.
4. The evidence must have been the product of interrogation.
5. The interrogation must have been conducted by state-agents.
6. The evidence must be offered by the state during a criminal prosecution.
Assuming that the six requirements are present and Miranda applies, the statement will be subject to suppression unless the prosecution can demonstrate:
- that the suspect was advised of their Miranda rights and
- that the suspect voluntarily waived those rights or that the circumstances fit an exception to the Miranda rule.
Michael Ellis Jr. was never read his Miranda Rights. The Narcotic Detectives admitted this during the trial of Michael Ellis and it is a matter of public record. Therefore the Civil and Constitutional Rights under the 5th and 6th amendments of Michael L. Ellis Jr. were clearly violated and Michael Ellis Jr. should go free. The Cleveland County District Attorneys Office knows this but continue to ignore this.
How can a court system and its officials be permitted to do this to an American citizen. It is clear that Michael L. Ellis Jr. should be free.
Fr. Thomas Byers