Suspended DeKalb CEO Burrell Ellis fought back this week against the district attorney who’s prosecuting him and the man who took over his job.
In court filings, Ellis’ legal team accused District Attorney Robert James and interim CEO Lee May of essentially committing the same crime Ellis is under indictment for: theft of county property. James and May used county employees to raise money a gala event that was nothing more than a political event used to promote their agendas, a strongly worded court motion alleges.
In June, Ellis was charged in a 15-count corruption indictment that alleges extortion, conspiracy and other felonies for soliciting campaign contributions under threat. Ellis has strongly denied any wrongdoing.
Craig Gillen, Ellis’ lead defense attorney, declined to comment on his legal team’s accusations. A spokesman for the DeKalb District Attorney’s Office said James had no comment. May could not be reached for immediate comment.
In his court motions, Ellis is asking Superior Court Judge Courtney Johnson to dismiss the indictment based upon James’ selective prosecution or to disqualify the DeKalb District Attorney’s Office from trying the case.
The selective prosecution motion noted that Ellis is accused of theft of county property by getting employees, during normal working hours, to help him raise campaign cash.
One count in particular alleges that Ellis got Kelvin Walton, the county’s head of purchasing and contracting, to create lists of vendors who had been awarded contracts, so Ellis could use that information to solicit campaign contributions. The lists were created by three county employees during normal business hours, the indictment says.
James and May, who at the time was serving a county commissioner representing District 5, essentially did the same thing for the 2013 Senior Ball that was held June 8 at the Hyatt Regency Atlanta, Ellis’ motion says.
James and May used a political fundraiser, Candace Franklin, to solicit money for the Senior Ball from vendors and companies who do business with the county. They also used eight county employees, during normal business hours, to help arrange the Senior Ball, the court motion said.
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