DECATUR, Ga. -- DeKalb County District Attorney Robert James wasn't in the courtroom, but his computer was a central figure in Monday's hearing in the corruption case against Burrell Ellis.
Ellis's defense team wants the GBI to conduct a forensic analysis of James's computer – looking for undercover video of Ellis that the defense thinks is being hidden by prosecutors.
"Are we to just take their word for it?" Ellis' defense attorney, Dwight Thomas, asked during arguments. "A number of cases in this country have been reversed on prosecutorial misconduct, withholding evidence."
DeKalb County District Attorney Robert James wasn't in the courtroom, but his computer was a central figure in Monday's hearing in the corruption case against Burrell Ellis.
Defense attorneys say the secret video exists because Don Geary says he saw it. Geary is a former DeKalb prosecutor. He contended in a January hearing that James told him about the video. Geary gave an affidavit recently that said he saw the video before he left the DA's office in December 2012. Geary said he questioned the propriety of the DA's case against Ellis before he left for a new job in the Cobb County DA's office. Geary did not testify Monday.
But prosecutors belittled the testimony of Geary, their former coworker – saying Geary gave incorrect information when he testified.
"So perhaps Mr. Geary again is just wrong or misstating what he actually knows or doesn't know about this information," said assistant district attorney Lee Grant. "There is no sleight of hand by the state. We have produced everything we have."