1998 Injustice - Michael's Fight For Freedom
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Less than an hour later, a friend of Michael's (who also witnessed this abduction attempt) saw the suspect's vehicle parked at an apartment complex not even a block from Michael's home. This friend gave the information to Michael and once again, the authorities were notified of the suspect's whereabouts. Michael and his friend left to meet the police at the location of the suspect's vehicle since they could positively identify the suspect.
When Michael and his friend arrived, the police were not there. Michael asked a neighbor,who was sitting on her porch, to call the authorities to give them the exact address of their location. Afraid that the suspect would elude the police again, Michael and his friend approached the suspect's door. They knocked a couple of times, but their knocks were ignored. They began pounding on the door and requesting that the suspect come outside because the police were on their way. During the pounding, the door inadvertantly pushed open. No one emerged from the apartment so Michael and his friend took a few steps inside to see if there was any indication that the suspect had in fact eluded the police once again. The suspect was not inside so Michael and his friend walked outside where they decided to wait for the police at the suspect's vehicle. While walking down through the courtyard, the suspect approached them from behind. The suspect gained Michael and his friend's attention by yelling at them. Michael and his friend turned to see the suspect with his hand behind his back. Michael asked to suspect to relinguish his weapon and informed the suspect that neither he nor his friend had a weapon with them. Michael then told the suspect that he (the suspect) needed to talk with the police. While telling Michael that he would not talk with anyone, the suspect pulled his gun and pointed it directly at Michael. Instinctively, Michael hit the suspect with his fist and his friend grabbed the man's gun hand. All three men fell to the ground. Michael struck the suspect approx. 2 to 3 more times,with his fist, while his friend continued to struggle for the gun. The gun was released from the suspect's hand and Michael & his friend made their way to their feet. Michael's friend kicked the gun out of reach and Michael noticed that the suspect was having difficulty breathing. Michael ran next door to the same neighbor and asked her to call the authorities again requesting an ambulance for the suspect with a plea that the police please hurry.
The police finally arrived and placed both Michael & his friend under arrest. Michael & his friend were taken to the police station, where they found out the suspect had died and that both of them were being charged with first degree murder. (Michael did not find out until later that the impact of the fall and/or the combined weight of he & his friend had broken the man's neck.)
Michael's case went to trial in March of 2001. The D.A. prosecuting told a blatant lie to the jury during closing arguments, which prompted an objection from the defense. The judge sent the jury out of the court room while evidence of this false statement was being heard. The judge acknowledged the false information while the jury was out. When the jury was brought back in, they were never told the truth. They (the jury) were only told to disregard the statement, but at that point the false information was already planted. Even though the judge would not allow crucial evidence into the court proceedings and with the false statement made by the D.A., the jury still sent out 3 separate notes to the judge stating that they (the jury) did not want any instructions on a murderous charge. The jury was ONLY interested in the instructions for manslaughter and self defense. ALL 3 times that this was asked of the judge, he gave the jury instructions on first degree and second degree murder. The jury's final request stated, "IT IS IMPERATIVE THAT WE HAVE THE INSTRUCTIONS FOR MANSLAUGHTER AND SELF DEFENSE. WE ARE NOT INTERESTED IN ANY OF THE OTHER CHARGES." The judge sent the jury home for the weekend only to bring them back on Monday morning with a set of handwritten instructions, which were different from the originals. The new set of instructions were a rewritten form of first degree and second degree murder with manslaughter pertaining to both. This made second degree murder the least charge that the jury could convict on. It was evident that the judge would not provide the necessary information for the jury to apply the law within Michael's rights. Michael was sentenced immediately to the most stringent sentence possible. Michael is now serving 24 years in prison.
Michael has been fighting the North Carolina Judicial System for almost 5 years now. Michael's family and friends are trying to help with his Fight for Freedom by asking you to agree that this is a blatant form of injustice. If you agree that Michael is being unjustly incarcerated, please sign this petition for his immediate release.
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N.C. and Federal Judicial Courts, Governor Michael F. Easley, President George Bush
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