Notes from the Burrell Ellis trial: Day 6 of testimony
Ellis has been suspended with pay since he was indicted two years ago on charges of extortion, bribery and perjury. Prosecutors say he tried to strong-arm county vendors into giving to his 2012 re-election campaign by threatening their lucrative contracts with DeKalb.
This is Ellis’ second trial on these charges. Last fall, the first one ended in a mistrial because jurors could not agree on a verdict after 11 days of deliberations.
In court Tuesday:
•Kelvin Walton, formerly head of contracts and purchasing for the county, resumed his testimony Tuesday, facing off with one of Ellis' attorney. This was fifth time in one week he has been called. Ellis' lawyers have challenged the strategy of calling Walton numerous times for relatively short periods instead of having him give all his testimony at once, as he did in the first trial. Judge Courtney Johnson said while the approach was "unorthodox," she could not tell the district attorney how to present the case. Tuesday was the most contentious encounter between Walton and defense attorney Craig Gillen. At times, the two men shouted over each other. Gillen called Walton a liar, reminding jurors that he had not testified truthfully when he went before a special grand jury. Walton responded by shouting that Ellis is also a lair and asking when the suspended CEO would admit to it.
•Jimmy Davis, a member of the special purpose grand jury, was recalled for the fourth time to confirm recorded testimony from Ellis. As in previous trips to the witness stand, Davis was asked to confirm that recordings played in court were also what was heard by the special purpose grand jury looking into corruption in the Department of Watershed Management.
•Terry Merrell, chief financial officer for Merrell Bros., testified that he immediately sent an email asking the DeKalb Department of Watershed Management to release the company from the $5 million contract it had just won after Ellis asked for a $25,000 campaign contribution. "I knew in my heart once that was brought up we were done," said Merrell. His company disposes of waste-water sludge, either by spreading it over fields and pastures or taking it to a landfill. Gillen tried to show that Merrell had other reasons for wanting to get out of the contract with DeKalb, not just because of the CEO's campaign solicitation. In November 2012, Merrell sent another email asking to be released from the contract. In that one he cited two reasons, none of which involved Ellis.
Coming up:
Vendor Terry Merrell, chief financial officer for Merrell Bros., will continue testifying Wednesday. The prosecution could complete its case, then Ellis’ defense team will begin calling witnesses.
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