4:46 p.m. —The jury hearing the corruption trial of suspended DeKalb CEO Burrell Ellis has told the judge they want to go home at 5 p.m.
Though the judge had delivered what is known as a “dynamite charge” to stress that they need to keep working, attorneys on both sides agreed to the quitting time.
Earlier Monday, the jury had sent a note to the judge for the third time reporting that they were unable to reach a unanimous verdict on any of the 13 counts.
1:44 p.m. — Here is a transcript of the instructions Judge Courtney Johnson read to the jury deliberating the case of DeKalb County CEO Burrell Ellis:
You have now been deliberating upon this case for a considerable period of time, and the court deems it proper to advise you further in regard to the desirability of agreement if possible.
The case has been exhaustively and carefully tried by both sides and has been submitted to you for decision and verdict if possible, and not for disagreement. It is the law that a unanimous verdict is required. While this verdict must be the conclusion of each juror, and not mere acquiescence of the jurors in order to reach an agreement, it is nevertheless necessary for all of the jurors to examine the issues and questions submitted to them with candor and fairness, and with a proper regard for, and deference to, the opinions of each other.
A proper regard for the judgment of others will greatly aid us in forming our own judgment. Each juror should listen to the arguments of other jurors with a disposition to be convinced by them. If the members of the jury differ in their view of the evidence, the difference of opinion should cause them to all scrutinize the evidence more closely and to reexamine the grounds of their opinion.
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.
You may now again retire to the jury room for a reasonable time to examine your differences in a spirit of fairness in candor and try to arrive at a verdict. Thank you.
1:24 p.m. — Judge Courtney Johnson stressed to the jurors the importance of their reaching a verdict — whether it be guilty or not guilty — in the corruption case against suspended DeKalb County CEO Burrell Ellis and sent them back to deliberate even though they have said three times they cannot agree.
The judge’s lecture was word-for-word the law that is called the Allen Charge or a “dynamite charge” that can be given when a case is in danger of ending with a hung jury and, consequently, a mistrial.
If a mistrial is declared, District Attorney Robert James would decide if he will retry Ellis or drop the charges. In the meantime, Ellis would remain under indictment and would still be suspended as CEO.
Johnson told the 12 women on the jury, plus the three alternates, that a lot of time and effort had been put into trying the case and they should put aside any personal feelings and listen with open minds to the opinions of others.
The jury is in its 10th day of deliberations. The jurors said in a note earlier today that they have not reached agreements on any of the 13 counts, 11 felonies and two misdemeanors.
12:01 p.m. — The jury deliberating the public corruption case against suspended DeKalb County CEO Burrell Ellis has for a third time said it can't agree on the 13 charges against him.
“We have all taken our duty very seriously and it’s that duty that has prevented us from coming together as one,” the jury’s note said.
Judge Courtney Johnson asked jurors if they had agreed on any of the 13 counts, and they responded with a note that simply said “no.”
Johnson sent the jurors to lunch at noon, and will have them continue deliberating after they return.
She plans to give them a specific charge, known as an Allen Charge or “dynamite charge,” which stresses the importance of the jury reaching a verdict.
The jury is in its 10th day of deliberations.
9:42 a.m. — Judge Courtney Johnson ruled Monday that a jury struggling to reach a verdict in the trial of DeKalb County CEO Burrell Ellis can review phone logs created by prosecutors.
Johnson said her research of Georgia cases indicated that demonstrative exhibits like these kinds of call records can be reviewed by the jury as long as they were tendered into evidence during the trial.
These phone logs include dates and times of calls made between Ellis and vendors as he sought campaign contributions.
They show that Ellis repeatedly called contractors seeking political contributions, and they did sometimes return his calls. Ellis’ attorneys have argued that he didn’t take action against contractors that refused to contribute to his campaign, but he did expect them to respond to his phone calls.
“Those exhibits were entered into evidence for demonstrative purposes,” Johnson said. “I believe the law is very clear on this issue.”
Ellis’ lead defense attorney Craig Gillen objected because during testimony, both he and prosecutors believed that demonstrative exhibits don’t go back to the jury room.
The jury asked to see the phone records on Friday, and Johnson initially didn’t allow them to be considered.
But after doing more research, Johnson said she found that the records were part of the evidence in the case.
9:10 a.m. — Jurors were back for a 10th day of deliberations Monday in the corruption trial of DeKalb County CEO Burrell Ellis as they try again to resolve their differences and reach a verdict.
The day was expected to begin with prosecutors’ effort to allow jurors to review a log of calls between Ellis and various contractors.
A judge didn’t allow the log, which was presented on a screen during testimony in the trial, to be further reviewed by jurors because it was a demonstrative aid that wasn’t entered into evidence. But a motion from prosecutors cites a Georgia Supreme Court decision that indicated the phone log could be considered in the jury room.
The jury has struggled to reach agreement on the 13 counts pending against Ellis, who is charged with bribery, extortion, theft and perjury.
Ellis is accused of threatening county contractors that resisted contributing to his 2012 re-election campaign.
The trial has already lasted six weeks, including two weeks of deliberations.
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