Lawyers for indicted DeKalb County CEO Burrell Ellis have asked to delay his political corruption trial, saying the Aug. 19 date is the result of the district attorney playing politics.
In a motion filed last week, Ellis’ attorney Craig Gillen asks for a “reconsideration” of the aggressive schedule that Judge Courtney L. Johnson laid out last week. Johnson is slated to hear those motions and others in a hearing Friday morning.
Johnson’s schedule also calls for discovery to take place on Friday – the required 10 days before a trial – and arguments on pending motions will be held Aug. 15.
Days later, a jury will be selected to weigh the 15-count indictment against Elllis, who is accused of contacting vendors who did business with DeKalb to solicit donations his 2012 re-election campaign, then threatening those who declined to give.
The request is an about-face from Ellis’ legal team, which had previously indicated they would pursue a speedy trial as a way to return Ellis to the job he was suspended from last month. State law allows him to petition to return to his post if he is not tried within two terms of court, four months in DeKalb.
Through a spokesman, District Attorney Robert James has repeatedly said he is ready for trial. His formal motion requesting an August trial is designed to keep Ellis from petitioning for his job back, Ellis' attorneys argue.
“The District Attorney’s Office’s request is overtly political, improper, and in breach of the impartial role of the prosecutor,” according to Gillen’s motion.
James’ office responded with a motion, arguing that Ellis wants to be re-instated while the case against him proceeds. But, the office said, that’s not possible because the governor suspended him.
Chief Assistant District Attorney Lenora Grant dismissed the claims of political ambitions, arguing that the Ellis team should file for a formal continuance if they are not prepared for trial.
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