Two jurors in the first trial of suspended DeKalb County CEO Burrell Ellis say in recent court filings that they don’t think prosecutors proved their case.
They also dispute the jury forewoman’s statements about why they couldn’t reach a unanimous verdict on any of the 13 charges against Ellis, saying sympathy for him didn’t play a role in their deliberations.
The hung jury resulted in a mistrial in October, and Ellis and prosecutors are now preparing for a June 1 retrial.
Ellis is accused of extorting contributions for his 2012 re-election campaign from county contractors.
The two jurors used identical wording in affidavits filed in the case March 24.
“The jury did consider all of the evidence presented and the lack of evidence sufficient to reach a verdict,” said the affidavits by Kendra Foreman and Denetreis Smith. “Several jurors simply believe that the state did not prove the case beyond a reasonable doubt as to all charges.”
The jury forewoman, Susan Worthy, said after the trial that the jury came close to convicting Ellis on three extortion charges, and she said several jurors were reluctant to convict Ellis because they didn't want to send the father of twins to prison. Worthy said she thought Ellis was guilty.
“Sympathy did not play a part in our deliberations as to any party or witness in the case,” Foreman and Smith said in their affidavits. “We focused on the evidence or lack of evidence and strictly whether the state proved the charges beyond a reasonable doubt and several jurors did not believe the state did so as to all counts.”
Ellis, who was indicted and then suspended in July 2013, has pleaded not guilty to the charges.
His attorneys have said he didn't intentionally threaten to end any contractor's business with the county with the intention of collecting campaign contributions.
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