The report of a yearlong investigation into allegations of corruption in DeKalb County’s water/sewer department contracts is going to the county’s chief judge.
It remains unclear, though, whether Superior Court Judge Mark Anthony Scott’s order Thursday – a day after a hearing revealed the special grand jury’s report could lead to more indictments and recommend changes to county government – will speed the report being made public.
It will be up to Chief Judge Gregory A. Adams, who typically would poll the other eight judges in the circuit, to see if the bench will dismiss the jurors and keep the report under seal.
“I’d like to see our work made public,” jury foreman Albert Trujillo, a retiree from central DeKalb, said. “There are other people, I think once it’s out in the open, will be pursued criminally.”
Just who is in the report has been at the center of a battle between the DeKalb District Attorney’s office and lawyers for suspended county CEO Burrell Ellis and his former campaign manager, attorney Kevin Ross.
In February, after the special grand jury had met for a year, Scott granted attorneys for the two men access to the report to see if they are named in it and, if so, ask for redactions.
DA Robert James immediately appealed, and the legal question is now the subject of a petition to the state Supreme Court.
But as that case dragged on, James indicted Ellis in June on 15 charges that include felony counts of attempted extortion, theft and conspiracy.
Ellis’ attorney Craig Gillen has argued, in both the civil case over the grand jury report and the criminal proceedings, that the charges stem from the special grand jury’s work.
If the civil panel exceeded its authority, that could be cited as evidence to get the criminal charges against Ellis dismissed.
Thursday, Gillen and Ross’ attorney, Seth Kirschenbaum, said they both hope Scott will retain jurisdiction on those pending questions on early access to the report and its scope – and schedule hearings soon.
“Our motion isn’t moot, because they could bring other charges,” Gillen said, referring to a filing from the DA’s office that said investigations are ongoing. “The judge needs to hold a hearing to address that.”
James was in court in the Andrea Sneiderman perjury case. Prosecutors from his office had argued Wednesday that hearings were unnecessary, since Ellis has been indicted.
However, the DA has supported dissolving the grand jury and, through a spokesman, said he was “gratified” on behalf of the jurors. From the bench Wednesday, Scott admitted he had reviewed the report and saw no further work that would keep them empaneled.
“Given the complexity of litigation in the various courts in this state, the judge thought it best to transmit it to Chief Judge Adams to make further decisions,” said Scott’s lawyer, Gary Freed of Tomlin Hines. “It’s in his hands now.”
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