James also filed motions objecting to the defense request to have the GBI examine his computer to determine whether prosecutors conducted an illegal investigation and then tried to cover it up.
This week’s hearings will likely be a continuation, in tone and to some degree in substance, of two days of hearings in January.
In one of those sessions, Don Geary, the former chief assistant DeKalb district attorney, was a defense witness who testified that he had raised concerns with James about the legality of a secretly captured video recording of Ellis in his county office.
Court records show that purchasing director Kelvin Walton captured the video in August 2012 video by using a camera pen. Walton is a cooperating witness for prosecutors, who list him as the unindicted co-conspirator.
Geary testified that James showed him less than a minute of the video on James’ office computer. Geary said he became concerned when James told him the video was captured without Ellis’ consent and without a court order or search warrant. Geary said because Ellis was in a private place and did not consent to the video, prosecutors may have committed one or two felonies.
James told him there were “more than a few” of these videos, Geary testified.
But James, making a rare appearance on the witness stand, testified that he never showed Geary a video and said Geary never expressed alarm that a video was captured illegally. Other prosecution witnesses also testified that there was only a single secret video of Ellis.
Ellis’ lawyers asked Johnson to let the GBI, as a “neutral party, “ examine James’ computer to get to the bottom of the matter.
The judge must also decide if, because the video was taken inside the CEO’s office in a county building, Ellis had no expectation of privacy in the video, as prosecutors argue.
Johnson has ruled on only a handful of the dozens of motions, including an order last week denying an Ellis request that the trial be delayed until the fall.
The order requires both sides to submit final discovery, or evidence, by May 2, in anticipation of a June 2 trial date.