Burrell Ellis trial set for Aug. 19

Gov. Nathan Deal, acting on the recommendation of a panel, suspended Ellis with pay July 16. Ellis’ attorneys entered a not guilty plea on his behalf Monday.

On that same day District Attorney Robert James filed a motion asking Superior Court Judge Courtney L. Johnson to schedule Ellis’ trial for August.

Ellis’ attorneys also filed a motion Monday, arguing the case must be dropped because the charges stem from a special grand jury investigation into contracting in DeKalb’s watershed department. The motion says the grand jury had no authority to pursue allegations against the CEO. It also alleges James did not give Ellis required notice of the indictment.

Ellis’ lead attorney could not be reached Thursday, so it was not known whether the defense team will challenge the trial date. But state law says a suspended public official must be tried within two terms of court — which is a total of four months in DeKalb County — or else Ellis can petition to be reinstated in his job.

For now, DeKalb County Commission presiding officer Lee May is interim CEO.

The order the judge signed Thursday lays out an aggressive schedule for hearings and filings, in light of a trial date less than three weeks off.

A hearing on Ellis’ motion to quash the indictment is set for the morning of Aug. 9, and by the end of that day both sides are to submit to the judge proposed questionnaires to be completed by prospective jurors. Briefs and written motions are due by the end of the day the following Monday, Aug. 12.

Aug. 15, three days before jury selection is to begin, is set aside for arguments on pending motions and for prosecutors and defense attorneys to put in writing suggestions for the instructions the judge will give the jury before deliberations begin, as well as what should be included in the verdict form.

The trial is set to start at 9 a.m. Aug. 19.