Judge Reinforces Need for Burrell Ellis Jurors to Avoid Mistrial

The possibility of a mistrial is growing in the bribery and corruption trial of suspended DeKalb County CEO Burrell Ellis, with the judge instructing jurors to keep deliberating, even after they said they cannot reach a unanimous verdict on any of the 13 counts.

Jurors have yet to agree on the charges after ten days of deliberation, and received a scolding from Judge Courtney Johnson for asking to end the day early on Friday.

Johnson on Monday reminded the jury members how much time and effort has gone into the trial. She then read from the law, what is known as a “dynamite charge,” says the Atlanta Journal-Constitution, when a trial seems to be headed toward a hung jury.

The law reads in part:

Your duty is to decide the issues that have been submitted to you if you can conscientiously do so. In conferring, you should lay aside all mere pride of opinion and you should bear in mind that the jury room is no place for taking up and maintaining in a spirit of controversy either side of a cause.You should ever bear in mind at all times that as jurors, you should not be advocates for either side. You should keep in mind the truth as it appears from the evidence, examined in the light of the instructions of the court.

If a mistrial is declared, District Attorney Robert James would decide whether to retry Ellis or drop the charges, the AJC reports. During that time, Ellis would remain under indictment and would still be suspended as the county’s CEO.

Squabbling jurors were sent home early last week by the judge because they were stressed and disagreed on the leadership of the foreperson.

When Judge Courtney Johnson dismissed jurors on Oct. 9 it was apparent one juror had been crying, the Atlanta Journal-Constitution reports.

Johnson told jurors they may select a new foreperson, but the involved court case requires them to try hard to reach a verdict.

Prosecutor: Ellis is a Liar

During closing arguments in the case, DeKalb County District Attorney Robert James repeatedly called Ellis a liar, reports the Atlanta Journal-Constitution, saying “liar, liar, pants on fire.”

“People were hurt. This isn’t a show. It’s not a game,” James said. “People were hurt, and they were hurt by him. He’s supposed to serve. He’s supposed to protect.”

Defense attorneys said the charges against Ellis were fumbled attempts to send a honest man to jail.

“He’s a good man, and it’s time for him to put this nightmare behind him,” said his lead attorney, Craig Gillen, according to the newspaper. “It’s time for him to move on. It’s time to put an end to this.”

Ellis spent three days on the witness stand refuting claims he demanded campaign contributions from companies doing business with the county.

Star Prosecution Witness

Much of the prosecution’s case rests on testimony given by DeKalb Purchasing Director Kelvin Walton, who told the jury Ellis questioned why firms receiving large contracts from the county didn’t donate to his campaign. Ellis refuted testimony by Walton and others when he took the stand.

DeKalb District Attorney Robert James played a wiretap that includes Ellis saying he Walton to drop a vendor - Austell-based Power and Energy Services – because company officials had refused to donate to his re-election effort, reports WABE.

Ellis began his testimony denying that he ever penalized companies that wouldn’t contribute to his re-election campaign.

“I never asked anything in exchange for a campaign contribution. I never promised anything,” Ellis said, reports the Atlanta Journal-Constitution.

Ellis asked for lists of county contractors, and their phone numbers, in order to ask for campaign donations, according to testimony from Walton. Walton recorded conversations he had with his boss to collect evidence for prosecutors, reports The Atlanta Journal Constitution.

Secret Recordings

The jury heard a recording of Ellis telling Walton to place a note in the file of Power and Energy Services so no other county work went to the company.

Walton testified he kept and regularly updated lists of vendors who had contracts with the county so Ellis could solicit the business owners for campaign contributions, FOX Atlanta reports. He said the CEO told him to let contracts expire if a donation wasn’t made to his re-election effort.

Ellis’ attorneys hammered on the lies Walton admits he told a special grand jury. They argued Walton cooperated with prosecutors to avoid facing corruption charges.

Ellis was indicted in the summer of 2013 by a DeKalb County grand jury on charges he illegally pressured contractors into giving him campaign contributions. He faces 14 felony charges that accuse him of shaking down county vendors for campaign donations and punishing those who did not give, reports the Atlanta Journal-Constitution.

»Former DeKalb CEO Burrell Ellis in court. Credit: FOX Atlanta screenshot

Related:

• Judge Scolds Burrell Ellis Jurors for Asking to Leave Early Friday
• Burrell Ellis Jurors Told to Keep Working; No Verdict Reached
• Judge Gives Burrell Ellis Jurors Monday Off
• Judge Sends Squabbling Burrell Ellis Jurors Home Early
• Jury Watch: No Verdict in Burrell Ellis Case
• Burrell Ellis Denies Dropping Vendor’s Contract
• Ellis Denies Trading County Work for Campaign Donations
• Ellis Defense Hammers on Lies Told by Witness
• Jurors Hear Ellis Demand Donations in Secret Recordings
• Request for Mistrial Rejected in Burrell Ellis Bribery Trial
• Juror Excused from DeKalb CEO’s Trial; Testimony Focuses on Campaign Cash

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