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/
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 divided jury deciding the corruption case against DeKalb County CEO Burrell Ellis reported progress Thursday and re-listened to a covert recording in which Ellis discussed cutting work from companies that didn’t return his campaign calls.
But jurors also told Judge Courtney Johnson that they couldn’t reach a unanimous verdict, and they’ll return to court Friday for a ninth day of deliberations.
It was the second time in two days that the jury had written a note saying they couldn’t agree on all counts.
The 12-woman jury has been reviewing whether to convict Ellis on 13 charges — that include extortion and bribery — stemming from allegations that Ellis abused his power for political benefit. Ellis is accused of threatening county contractors that resisted contributing to his 2012 re-election campaign.
How much headway the jury had made wasn’t clear. After jurors said they couldn’t agree on “all” counts, District Attorney Robert James asked whether that meant they were split on every charge or had agreed on some charges.
“We were able to make some progress, but unfortunately our best efforts to achieve a unanimous verdict on all 13 counts were unsuccessful,” jurors wrote in their note to Johnson.
Johnson ordered them to return to work. The jury has deliberated for about 37 hours over eight days.
“I don’t want to give them an impression at this point that they can reach a verdict on some counts and not on others,” Johnson said in court, outside the jury’s presence.
Within a few minutes, the jury asked to review a recording from Sept. 28, 2012, when Ellis complained to DeKalb’s purchasing director, Kelvin Walton, about companies that didn’t respond to his campaign calls. Ellis didn’t know that Walton was secretly recording the conversation for prosecutors.
Part of the conversation involved how Ellis would deal with Brandon Cummings, co-owner of Power and Energy Services, which stopped receiving jobs to maintain county generators after refusing to contribute $2,500 to Ellis’ campaign.
“You know what’s amazing, Kelvin, he does business with us, and he was asking me why should he give to my political campaign,” Ellis said. “I kept having to call them back … So no, I don’t think we should be doing business with them.”
Ellis also griped about another vendor, National Property Institute, that hung up on him when he asked for a contribution.
“We’re just not going to have situations where people are non-responsive,” Ellis said. “They can not give, but they can’t be not returning phone calls, hanging up on you.”
The jury deliberated for about four hours Thursday after starting late because a juror had to attend a separate court hearing involving rental property she owns.
Jurors will again attempt to find consensus Friday.
About the Author
