Lawyers for Burrell Ellis have asked permission to appeal a judge’s ruling that, if granted, could delay the June trial of the suspended DeKalb County CEO on political corruption charges for months if not years.
In a motion filed late Friday, Ellis’ attorney Dwight Thomas asks Superior Court Judge Courtney Johnson to allow the state Court of Appeals to decide if a special grand jury investigating corruption allegations went beyond its charge or scope. That jury’s work helped lead to Ellis’ indictment of 14 felonies, ranging from bribery to theft to perjury.
Johnson rejected that argument in rulings last week. If she allows the appeal, and the appellate court hears the matter and sides with Ellis, a trial may not happen at all, experts said.
“It could potentially stop the case, if the appeals court goes their way in agreeing the special grand jury exceeded its scope,” said Atlanta defense attorney Jill Polster, a former DeKalb prosecutor. “That’s their winner, they think.”
Johnson has repeatedly shot down claims from Ellis’ lawyers, who contend that District Attorney Robert James is conducting a political witch hunt by accusing Ellis of shaking down county vendors for campaign cash and punishing those who do not give.
Ellis has repeatedly denied wrongdoing. In Friday’s motion, Thomas again argued that James illegally used a special grand jury, charged with investigating allegations of corruption in awarding of contracts in the Watershed Management Department, to investigate Ellis.
“Elected CEO Ellis’ rights were clearly trampled on by the District Attorney and Special Purpose Grand Jury in this case,” Thomas wrote.
Thomas also again argues that Ellis is a “peace officer” because he oversees DeKalb’s public safety forces and therefore qualified for a 15-day notice of his indictment and the right to testify before the grand jury that indicted him.
In court hearings, prosecutors won over Johnson with arguments that the special grand jury’s work prompted a separate, criminal, investigation into Ellis.
The advantage to allowing an appeal would be to stop a trial that, if the appeals court agrees, might legally not be required, said criminal defense attorney Steve Sadow.
But it could also take months for the the appeals court to agrees to hear the case, put it on its docket and then rule.
And ruling would likely create additional delays. Even if the court of appeals sides with Ellis, prosecutors could choose to again indict him in the case. County taxpayers would continue to pay his $153,000 salary until the case is decided.
“A delay is the main disadvantage,” Sadow said. “Judge Johnson may prefer to conduct one trial, with all of the counts, available for appellate review should there be a conviction.”
About the Author
