DeKalb prosecutors, defense will close Ellis case Monday

CLOSING TIME ON ELLIS CASE

Closing arguments will begin this morning in the corruption trial of DeKalb CEO Burrell Ellis, as both sides will get their final shot at swaying the jury. After three weeks of testimony, Judge Courtney Johnson has given prosecutors and the defense team two hours each to address the jury. Once closing arguments are done, the jury will get the case and will be charged with deciding whether Ellis is guilty of 13 felonies that include extortion, perjury and bribery. Ellis is accused of using his office as the day-to-day manager of DeKalb County government to pressure contractors into giving to his 2012 re-election campaign. He has maintained his innocence since being charged.

THE CHARGES

The indictment against Ellis accuses him of crimes involving four county contractors:

• Cobb-based Power and Energy Services, which did generator maintenance work for DeKalb, allegedly lost business when the county directed work to a competitor after Power and Energy refused to contribute to Ellis' campaign.
• The owners of National Property Institute, which had a $1 million contract to rehab foreclosed homes, testified that they believed they were on the verge of losing their contract unless they contributed $2,500. After making the donation, the company kept getting work.
• The chief financial officer of Merrell Bros., which had been awarded a $4 million contract for wastewater disposal, said in court that Ellis asked him for $25,000, which is the basis for a bribery charge because the maximum contribution allowed is $2,500. The company withdrew from its contract.
• A representative for Ciber, which provided technology consulting for the county government, testified that Ellis told her that her company wouldn't get more business with DeKalb because she wouldn't donate. Joanne Wise then told Ellis the company wouldn't work with DeKalb anyway because of a contract dispute.

THE CASE SO FAR

Testimony began with the prosecution questioning witness related to four contractors about their dealings with Ellis. Each described scenarios where Ellis contacted them directly for campaign contributions. The solicitations, in their view, ranged from uncomfortable to confrontational, according to testimony.

DeKalb purchasing director Kelvin Walton spent three days on the stand describing his role in Ellis’ fundraising. Walton said he arranged for DeKalb employees to draft lists of contractors that are awarded contracts so Ellis could solicit them. Walton secretly recorded conversations in which Ellis expresses frustration with contractors who don’t give and orders Walton to “dry up” a contractor that refused Ellis.

Ellis spent three days on the stand defending his actions. Ellis said he never pressured contractors into giving. His frustration, Ellis said, was in the fact that there were contractors who refused to return phone calls to the CEO of the county. Contractors are obligated to be responsive, he said.

WHAT THE PROSECUTION WANTS TO SAY TODAY …

Prosecutors want to make the case that Ellis was not simply being an aggressive fundraiser. Their case is built on the idea that Ellis went too far — and committed a crime — when he made overt and implied threats to vendors. That’s extortion, they will argue. And those vendor lists were assembled on taxpayer-paid time, meaning Ellis used his office for personal gain.

WHAT THE DEFENSE WANTS TO SAY TODAY …

Ellis has the right as CEO to demand certain standards, including that vendors return phone calls. The prosecution’s case is built on testimony from Walton, who has admitted taking money from contractors and cooperated with prosecutors only after his own misdeeds came to light.

Complete coverage

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