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 that sympathy for Ellis played in jurors being unable to reach a unanimous verdict on any of the 13 charges against Ellis.
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 illegally pressuring county contractors for campaign contributions. Ellis has denied wrongdoing and has pleaded not guilty.
Craig Gillen, an attorney for Ellis, said Tuesday he couldn’t comment because of a gag order in the case.
But another attorney who has been following the Ellis trial, Philip Holloway, said the affidavits are an attempt by Ellis’ lawyers to discourage DeKalb District Attorney Robert James from retrying the case.
“Given the multiple references to lack of evidence and the assertions that the first jury had more difficulty than was first reported, this is likely a not-so-subtle message to Robert James by the defense that he doesn’t have the strong case that he believes he does and that a second trial may not be wise,” said Holloway, who is not involved in the case.
The jurors' March 24 affidavits use identical wording and don't indicate why they were filed. One of the jurors told Channel 2 Action News that Ellis' defense attorneys asked her to file the affidavit.
“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' attorneys have said in court filings that 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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