DeKalb County prosecutors engaged in illegal activity in a “win at all costs” investigation to remove suspended CEO Burrell Ellis from office, Ellis’ lawyers allege in a court motion filed Thursday.
The motion accused District Attorney Robert James of illegally videotaping Ellis during the investigation that led to Ellis’ indictment on public corruption charges.
The covert video recording, captured without a court order, was made by Kelvin Walton, the county’s chief procurement officer who has been cooperating in the investigation, the motion alleged. Walton, who wore a hidden recorder to capture conversations with Ellis, also wore a “special camera wristwatch” to secretly videotape his meetings with Ellis, the motion said.
But the video recording was illegal under Georgia law because it was done in a non-public place without Ellis’ consent, the motion alleged.
“It is clear that DeKalb County is being dominated by a prosecutor on an unrestrained witch hunt, the goal of which has been Mr. Ellis’ permanent removal from office and who, in his zeal to destroy CEO Ellis, has committed criminal acts,” the motion said.
At one point, James was informed his investigation violated Georgia criminal statutes, the motion said. “Yet, in spite of his own unlawful conduct, the hunt continued.”
The court motion did not identify who allegedly said this to James.
Craig Gillen, Ellis’ lead defense attorney, declined to comment, except to say his court filing speaks for itself.
A spokesman for the District Attorney’s Office said James was not going to comment on pending court motions.
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