Prosecutors and defense attorneys in the political corruption case against suspended DeKalb County CEO Burrell Ellis argued for five hours Tuesday before a judge who also found time to issue two orders in the case.
Superior Court Judge Courtney Johnson denied Ellis’ attempt to have District Attorney Robert James disqualified from his prosecution and also his argument to have the case dismissed because of selective prosecution by James.
In the courtroom Tuesday morning, Johnson also shot down several arguments Ellis’ attorneys tried to make in a bid to toss evidence seized from search warrants from his home and office and from Ellis’ own testimony before a special grand jury. The evidence did not support the arguments, she said.
But Johnson showed similar impatience with prosecutors, telling both sides to “move on” at least six times after becoming frustrated with the heated back-and-forth that often strayed from core legal arguments.
Johnson struck down the defense’s attempt to show the search warrant was flawed because it left out contradictory evidence, saying they presented no evidence to back up their claim.
“Any attorney can make any assertion that they please in a pleading. But there has to be evidence presented,” Johnson told attorneys at one point. “Let’s consider the evidence, please.”
Ellis faces 14 felonies for allegedly shaking down county vendors and punishing those who did not give. He has denied wrongdoing and claimed his prosecution is politically motivated by District Attorney Robert James.
At one point, lead defense attorney Craig Gillen tried to get 2 DVDs and 32 audio recordings played in court. The recordings show that motivation, he said, because in them Ellis can be heard saying he doesn’t care about campaign contributions.
Johnson wouldn’t allow the recordings to be entered, however, saying the defense team did not file them with the court as required.
Similar procedural violations stymied Gillen’s attempt to revisit whether Ellis was “lured” to the special grand jury looking into corruption in county contracts by not being told of the criminal probe against him.
Johnson said she will rule on most outstanding issues by week’s end. Ellis is slated to head to trial on June 2.
About the Author
