DeKalb County grand jury foreman sues judge

The foreman of a special grand jury is suing a DeKalb County judge for refusing to release the findings of a yearlong investigation into the DeKalb County Watershed Department.

Albert Trujillo, foreman of the special grand jury impaneled in 2012 to investigate corruption in the county’s watershed department, is suing Judge Mark Anthony Scott for refusing to allow the special purpose grand jury’s findings to be made public.

Soon after the special purpose grand jury concluded its investigation, Scott granted a motion filed Jan. 28, by CEO Burrell Ellis’ attorneys to seal the findings of the investigation.

In court documents, Ellis’ attorneys said the second time he was called in front of the special grand jury the questioning by the DeKalb County DA’s office was more along the lines of a criminal investigation.

“The special grand jury is not authorized to return a criminal indictment, and therefore any portions of its presentment containing any allegations of wrongdoing must be redacted,” Ellis’ lawyers stated in the motion to seal the grand jury’s findings.

Investigators from the DA’s Office searched Ellis’ home and office while he was testifying before the special grand jury Jan. 7. According to a search warrant, investigators were looking for information that would prove a range of crimes including racketeering, wire fraud, theft and bid-rigging.

Ellis’ former campaign manager Kevin Ross’ home and office were also searched at the time, although he wasn’t required to testify before the special grand jury.

Attorneys for Ellis and Ross also filed a motion stating that any information in the special grand jury’s report could not be used against them in a criminal indictment.

Scott ruled Feb. 5 in favor of both motions and agreed to release the findings to Ellis and Ross’ attorneys review before being made public.

Soon after Scott’s ruling, District Attorney Robert James filed an emergency motion to prevent the release of the special grand jury’s findings to Ellis and Ross’ attorneys and appealed Scott’s decision.

James stated that the court has no legal precedent to keep the special grand jury’s findings from being made public or to allow them to be reviewed by anyone before being released.

Ellis has denied knowledge of any wrongdoing and questioned whether he is being dealt with “in good faith” by the district attorney’s office.

“I haven’t done anything that I’m aware of, nor has my staff done anything that I’m aware of that is inappropriate,” Ellis said.

Attorneys for Ellis and Ross filed a motion March 8 in the Georgia Court of Appeals contesting James’ appeal on the grounds that the DA’s office didn’t follow proper procedure when filing the appeal.

Officials from the DA’s office said there has not been a ruling on James’ appeal, nor the subsequent motion filed by defense attorneys for Ellis and Ross.