Yet again, prosecutors on Monday called back a member of a special purpose grand jury and the former head of purchasing to explain secret recordings being played for jurors hearing the corruption case against suspended DeKalb County CEO Burrell Ellis.
Prosecutors have changed tactics for the retrial on charges that Ellis pressured county vendors to give to his 2012 re-election campaign by calling some key witnesses repeatedly to briefly testify: Jimmy Davis, who was on the special grand jury, Kelvin Walton, for former department head who secretly recorded Ellis to avoid criminal charges of lying to the special grand jury.
Davis confirmed — again — that the video recording of Ellis testifying in January 2013 was his actual words. In that clip, Ellis is asked about his role in terminating contracts. Each time Ellis testified that he had no role.
Then Walton was called to explain secret recordings of Ellis complaining about vendors who did not contribute to help retire his debt.
“People who don’t support good government and they are beneficiaries of good government?” Ellis said in the recording, frustrated that some companies had blanket policies not to make political donations. “Because we have a fair procurement policy and they benefit. Maybe we shouldn’t invite some of these people to bid.”
Earlier on Monday, one of those vendors testified DeKalb blocked his contract to service generators for the Department of Watershed Management, after he declined to give to Ellis’ campaign.
Brandon Cummings, who owns Power and Energy Services with his wife, said he felt “threatened, intimidated (and) I guess scared” by a phone conversation in September 2012 with Ellis during which the top county official pressured him to contribute $2,500 to help retire the outstanding debt on his re-election campaign.
A recording of that telephone conversation was played for jurors Monday as prosecutors continued to call witnesses in the second week of testimony in Ellis' corruption trial. Ellis is charged with nine counts of extortion, bribery and perjury for allegedly pressuring vendors to give to his campaign and then lying about his role in contracts when asked by a special grand jury.
Cummings is co-owner of one of four companies named in the indictment.
Cummings told the jury that soon after that call, his company did no more work. Power and Energy’s contract was to get up to $250,000 to maintain generators for the Department of Watershed Management.
Cummings said when he called the county about installing parts on generators that had been shipped he was told that higher ups in county government had ordered all work for Power and Energy “halted.” He said he has not done any work for DeKalb County since before that September 2012 conversation with Ellis
“We didn’t do anything wrong other than not contribute to a campaign,” Cummings testified.
Much of the testimony last week involved playing recordings of Ellis talking on the phone and in person with the former director of county purchasing and contract. Kelvin Walton agreed to wear a wire when prosecutors said he, too, could be charged with lying to the special grand jury looking into corruption in Watershed Management.
Ellis is being tried a second time for corruption because an all-female jury that heard the case last fall could not agree on a verdict after 11 days of deliberations.
About the Author
