The testimony is done. Closing arguments have been given. And once the judge explains the law to the jury, six men and six women later this afternoon will begin their deliberations.
The jury sat through almost four hours of closing arguments with only a brief break between the final arguments by the defense and then the prosecution in case; nine counts of extortion, perjury and bribery.
Defense attorney Craig Gillen and District Attorney Robert James both urged jurors to use their common sense when they consider the corruption case against suspended DeKalb County CEO Burrell Ellis' but they had different takes on what made sense.
James said recordings played during the trial showed Ellis tried to extort campaign contributions from vendors and that he lied when asked about it before a special purpose grand jury. “Just use your common sense,” James said.
“His administration is a virtual sewer of corruption…” James said, singling out star witness Kelvin Walton and former top aide Nina Hall, both of whom have been accused to taking gifts or money from vendors. Walton has admitted he lied to a special grand jury about taking things from vendors. Hall, when she testified, refused to answer if vendors gave her money to help pay her mortgage when she was behind.
“Kelvin Walton is dirty. Nina Hall is dirty. Mr. Ellis, so are you,” James said.
Gillen said secret recordings that Walton made will show Ellis is not guilty and did not interfere with vendor contracts because those businesses did not give to his campaign. In fact, Gillen said, Ellis said repeatedly on the secret recordings that vendors did not have to make political contributions but they did have to return phone calls from the head of a county that has awarded them lucrative contracts.
“Listen to what the tapes say they will tell you what is in the heart and mind of Mr. Ellis,” Gillen said in his closing argument Wednesday to six men and six women who will decided the CEO’s fate.
The prosecution’s case depended heavily on secret recordings former head of purchasing and contracting Kelvin Walton made for investigators after he was threatened with possible charges that he lied to a special grand jury.
Walton admitted several time from the witness stand that he is a liar. Prosecutors began the trial by saying Walton could not be believed and that is why they had him wear a wire.
Gillen said jurors can trust what they hear on the tapes because Ellis didn’t know Walton was recording their conversations. Walton agreed to wear a wire when prosecutors threatened to charge him with lying to a special purpose grand jury investigating corruption in DeKalb’s government.
On those recordings, Gillen said, “you get the unvarnished truth.”
“Those are the moments when Mr. Ellis is discussing things (when) we he doesn’t know anybody other than Mr. Walton is listening,” Gillen said.
Gillen took just under the two hours he was allowed to make his arguments.
James began speaking to jurors at 12:35 p.m.
He started out telling jurors that elected officials are not entitled to an instant response people they call. He said they are their “servants. Not your bosses. Not your dictators. Not your kings. But your servants. Servants don’t treat people the way Mr. Burrell Ellis treated these folks.”
Gillen said there was not crime.
“The simple truth has not changed,” Gillen said. “The evidence has not showed one single dime, not one singled dime when into Burrell Ellis’ pocket that shouldn’t have been there.”
Ellis has insisted he only questioned why the county was doing business with certain vendors who ignored his repeated phone calls, which were to solicit campaign contributions. Ellis said they did not have to give but they did have to respond to the CEO of the county.
In 11 days of testimony, jurors heard hours of secret recordings and from a total of 40 witnesses, including Ellis.
This is Ellis second trial on these charges. The jury that heard the case last year, however, could not reach a verdict despite 11 days of deliberations, which forced Judge Courtney Johnson to declare a mistrial.
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