Complete coverage
The Atlanta Journal-Constitution brings our readers the most comprehensive coverage of the Burrell Ellis trial on our premium website, MyAJC.com/ellistrial/. AJC reporters have covered the trial gavel to gavel and are in the courtroom awaiting word of a verdict.
On the site:
> Read the latest AJC stories and analysis about this case.
> Browse an interactive that identifies key players in the trial.
> Watch reporter Mark Niesse’s video about the case and what’s at stake for residents.
> Review what star witness Kelvin Walton and CEO Burrell Ellis said during their testimony.
The corruption case against DeKalb County CEO Burrell Ellis teetered on the edge of a mistrial Monday, with jurors unable to agree on a verdict over 10 days of deliberations.
The judge ordered them to work harder.
If the 12-woman jury can’t reach a unanimous decision, Judge Courtney Johnson would be forced to declare a mistrial. The 13 criminal charges against Ellis would still be pending, and District Attorney Robert James would have to decide whether to retry him or drop the case.
In a last-ditch effort to find a resolution after six weeks in court, Johnson delivered a “dynamite charge” to jurors that encouraged them to set aside their differences and take a hard look at the evidence.
Her instructions came after the jury sent its third note since Wednesday to say it was deeply divided on every one of the counts against Ellis, which include bribery, extortion, theft and perjury.
Ellis has pleaded not guilty to accusations that he threatened four county contractors after they resisted contributing to his successful 2012 re-election campaign.
Ellis has been suspended from office with pay since shortly after he was indicted in June 2013, and he would likely remain out of his elected office until a jury finds him guilty or acquits him.
Jurors said in their note to Johnson they were deadlocked after reviewing the evidence.
“Although at times we felt we were making progress, we were never able to reach a unanimous decision,” the jury’s note said. “We have all taken our duty very seriously; it is that duty that has prevented us from coming together as one.”
Johnson responded by calling jurors into the courtroom and reading a prepared statement, called an Allen Charge or “dynamite charge,” that Georgia judges use when a jury can’t make up its mind.
“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,” Johnson said. “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.”
Earlier in the day, Johnson determined the jury could see a spreadsheet outlining phone calls between Ellis and various contractors he had called for campaign contributions. Initially Johnson had ruled that the phone log was used as a visual aid on a projector screen during the trial for “demonstrative purposes” so it wasn’t considered part of the evidence so the jury could not have it for their deliberations.
But Johnson changed her mind Monday morning and allowed jurors to peruse the phone call summary after prosecutors cited a Georgia Supreme Court case that said demonstrative exhibits are evidence.
The phone logs show Ellis repeatedly called contractors to ask for 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.
The jury, made up of 10 black women and two white women, has struggled to find consensus since early in its deliberations.
Tempers flared on Oct. 9, the jury’s fourth day of deliberations, when two jurors had “personality conflicts” and the jury had trouble “following the leader,” according to a note sent to the judge.
Johnson told jurors to “conduct themselves like adults” and said they could choose a new forewoman if they wanted. It’s unclear whether the jury chose a new leader. The jury didn’t report any further differences.
The trial began Sept. 8 with a week of jury selection, followed by 14 days of testimony and 10 days over two weeks of jury deliberations. Monday was the first day of the seventh week of trial.
About the Author
