Many potential jurors in the retrial of suspended DeKalb County CEO Burrell Ellis said Monday they’ve formed opinions about his guilt or innocence after hearing about news coverage of the case.
The publicity surrounding charges against Ellis may make it difficult to find jurors who haven’t been exposed to the allegations. Jury selection is expected to last a week before each side delivers opening statements and begins presenting evidence.
The jury selection process will be critical to the case after Ellis’ first trial ended in October without a verdict. Jurors couldn’t reach a unanimous decision on any of the charges against him, resulting in a mistrial.
Ellis is accused of using his power as the county’s leader to extort campaign contributions from contractors who do work for the county. Ellis has said he never punished contractors who refused to donate.
The trial is expected to last four to six weeks, said Superior Court Judge Courtney Johnson. Twelve jurors will be chosen to decide the case from 200 residents summoned to appear for jury duty.
During questioning, most jurors said they could weigh the evidence and set aside any preconceptions they have about Ellis. A few said they’ve solidified their opinions about Ellis, and they were removed from consideration for the jury.
“Corruption in endemic in DeKalb County, which I think comes from the top down,” said one potential juror who was excused from consideration.
The fact that Ellis is facing a retrial led some potential jurors to believe he was guilty.
“I find it disturbing and significant that there’s a trial against the defendant, so there has to be something there in order for that to be occurring,” said another juror who was excused. “Something’s going on here.”
Others felt sympathy for Ellis, saying he seemed like an honest person.
“I heard what was on the news, and looking at the gentleman, he just doesn’t look like someone who would be guilty,” said another juror who was ordered to return to court Friday for further review.
Almost all jurors raised their hands when asked if they thought it was inappropriate for public officials to personally benefit from people who do business with the county.
But their responses were more nuanced when asked whether they thought it was permissible for candidates to seek contributions from county contractors, which is legal as long as donations aren’t used to decide whether the contractor receives business from the county government.
Judge Johnson said each side should strive to find jurors who can be impartial despite what they may have heard about the case.
“Every single article I’ve read about the case since last year mentions in some part or some way that there was a mistrial. I don’t think that’s something we can avoid,” she said.
Among the first 40 possible jurors reviewed Monday, 14 remained under consideration to become jurors in the trial.
Ellis faces nine counts including bribery, extortion and perjury, with a maximum sentence of 20 years imprisonment if he’s found guilty.
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