Alleged Ellis Video Focus of DeKalb Corruption Hearing

At the hearing, Ellis’ attorneys argued District Attorney Robert James should be disqualified from prosecuting the case due to misconduct issues. They said James is politically motivated and may be withholding secretly captured video of Ellis. 

Ellis attorney Dwight Thomas requested the court order the state to seize James’ computer so the defense could investigate further. 

“If there are no images, then there’s no discovery issue. But if there are, then we’ve got serious ramifications in this courtroom,” said Thomas.

During hearings in January, former DeKalb prosecutor Don Geary – now a prosecutor in Cobb County – testified that James showed him the secretly captured video of Ellis. Geary also testified he raised the question over the video’s legality directly to James.  

Thomas said even if the video has since been erased, the defense needs that information to support its claims of prosecutorial misconduct.

“Even when something has been deleted from the hard drive it can be pulled up. If there are other videos we are entitled to it whether they want to use them or not. We’re entitled to that,” said Thomas.

James has denied illegally videotaping Ellis.

Monday, prosecutors denied the existence of additional video, calling the claims a publicity stunt aimed at delaying the trial. They said Ellis’ attorneys should be sanctioned for slander.

“There isn’t any forensic misconduct because we haven’t even been to trial yet. So it’s just completely untrue, misleading, and disrespectful to this court,” said Assistant District Attorney Lee Grant.

The judge said she expects to rule on the pretrial motions this week. Hearings continue tomorrow. 

Ellis’ trial is set to begin in June.