Request for Appeal in Ellis Corruption Case Refused

Ellis’s lawyers contended the grand jury that indicted the CEO exceeded its scope during its investigation of corruption allegations against him. DeKalb Superior Court Judge Courtney Johnson disagreed.

Defense attorneys wanted an appeals court to review her decision. However, because his trial has not yet begun, the lawyers needed Judge Johnson’s permission to take the issue to a state Court of Appeals.

According to WABE legal analyst Page Pate, the intermediate appeal “is a fairly complicated legal argument, but it does have some merit to it.” Pate says the issue Ellis’s attorneys raised is not necessarily dead in court. “Simply because the judge has denied the request to take it up on appeal now does not mean that it won’t one day be successful on appeal,” said Pate. “It just means that the defense will have to wait until trial is over with to have the Court of Appeals consider it.”

If the judge had granted permission for an appellate review, it could have delayed the trial for months if not more. As it stands now, Ellis’s trial will begin as scheduled in early June. He faces several felony charges in connection with allegations that he tried to strong-arm county vendors into contributing to his campaign fund. Though suspended from DeKalb County’s top job, Ellis remains on the county payroll.