Jury reaches no verdict in DeKalb CEO Ellis case after 9 days

Lawyers in the case had initially said the spreadsheet was for “demonstrative purposes only” and could not be given to the jurors.

But the prosecution came back a few hours later with a motion filed with the judge noting that the Georgia Supreme Court had said such documents could be sent into the jury room to be used during deliberations.

Judge Courtney Johnson has not ruled on the new argument.

2:48 p.m. — The 12-woman jury deciding the corruption case against DeKalb County CEO Burrell Ellis has apparently asked to end their work day early too many times.

This time Judge Courtney Johnson denied the request to end their ninth day of deliberations an hour early — a written request made minutes after the jury returned from lunch just after 2 p.m.

When asked if they gave a reason for asking off, Johnson responded, her annoyance evident, “no. It’s Friday and it’s pretty outside.”

District Attorney Robert James and lead defense attorney Craig Gillen both said the jury’s requests for shortened work schedules had been accommodated several times over the nine days they have been deliberated. Both attorneys said wanted to see the 12 women work the entire day Friday.

On Thursday, deliberations started at 12:30 p.m. to accommodate one juror who was to be in Magistrate Court in Fayette County for a hearing over the planned eviction of a tenant. Then the jury asked to stop 15 minutes early later that day. They didn’t work at all on Monday because some had child care issues with some schools not having classes that day.

“We have been more than accommodating in allowing them to leave early and come in later,” Johnson said. “I think they should stay until 5 (p.m.).”

For days, court watchers and even some of the lawyers have made sarcastic observations of the jury’s work habits, quipping sometimes at news of a jury note that they either want to go home early or want coffee.

2:21 p.m. — The jury deciding the corruption case against DeKalb County CEO Burrell Ellis has returned from a lunch break and is working.

There was, however, no pending question from the jury. Defense attorneys had been told before the lunch break that Judge. Courtney Johnson would discuss the note with them after lunch.

That information was not correct.

1 p.m. -- The jurors deliberating suspended DeKalb County CEO Burrell Ellis' corruption case broke for lunch but when they return a question they put in a note to the judge will be discussed with the attorneys when they get back.

The nature of the questions was not revealed. A deputy assigned to watch over the jury told defense attorneys waiting in the courtroom the note was for the judge and she would discuss it with them after the hour-long break.

10:36 a.m. — The judge presiding over the corruption trial of suspended DeKalb County CEO Burrell Ellis denied the jury's request to see a spreadsheet that one witness had used during her testimony.

The reason Judge Courtney Johnson said “no” was because the spreadsheet had been used in the investigator’s testimony only for “demonstrative purposes” and was never entered as evidence.

The spreadsheet showed phone records of Ellis and various county contractors, including the dates and times that the calls were placed.

Johnson told the jurors in her written response that they must rely on respective memories of the testimony.

The question came almost an hour and a half into deliberations Friday, the ninth day the all-woman jury has been debating the 11 felony charges and two misdemeanor charges against Ellis.

9:09 a.m. — Jurors contemplating accusations against DeKalb County CEO Burrell Ellis again were working toward a verdict Friday, their ninth day of deliberations.

There’s no way to tell how close the jury is, but there are some clues.

The jury sent notes on both Wednesday and Thursday saying they couldn’t agree on all 13 counts against Ellis, and Judge Courtney Johnson ordered them to continue working.

Also Thursday, jurors asked to re-listen to a secret recording of Ellis in which he talks about pulling county work from two contractors that resisted contributing to his 2012 re-election campaign.

Ellis is accused of strong-arming contractors into making political contributions. He has pleaded not guilty to charges of bribery, extortion, theft and perjury.

The trial has lasted six weeks so far — a week of jury selection, three weeks of testimony and two weeks of jury deliberations.

Please return to AJC.com for updates.

Coverage of Thursday's events in court: Jury remains split in trial of DeKalb CEO Ellis