A Superior Court judge on Tuesday rejected several arguments to dismiss the political corruption case against suspended DeKalb County CEO Burrell Ellis.
Judge Courtney Johnson’s 21-page order means the case remains on track for a trial to start June 2.
Ellis has been charged with 14 felonies and is accused of shaking down county vendors for campaign cash and punishing those who did not give. He has denied wrongdoing.
In two days of hearings last week, Ellis’ attorneys argued that his indictment should be thrown out because a special grand jury looking into allegations of corruption in county contracts exceeded its scope when its inquiry led to a criminal investigation of the CEO.
His team also wanted three perjury charges related to Ellis’ testimony to the special grand jury thrown out. They said his appearance there without counsel violated his constitutional rights.
But Johnson ruled that that the special grand jury had the power to ask about all county contracts, not just those in the watershed management department. She rejected the idea that Ellis was forced to appear before it, despite a subpoena. Both Ellis and prosecutors admit that he appeared before the panel in January 2013 after being told by the DA’s office that he did not have to testify that day.
Johnson also ruled on several motions that were made in hearings in January. She said Ellis was not a “peace officer” as CEO and so was not entitled to a 15-day notice of his pending indictment.
Ellis’ defense has long argued his prosecution by District Attorney Robert James is politically motivated. Johnson shot down that argument from the bench last week. She also denied Ellis’ defense team’s attempt to toss evidence seized from a search of his home and office.
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