DEKALB COUNTY, Ga. — The Georgia Supreme Court has overturned the conviction of former DeKalb County CEO Burrell Ellis.
Ellis is already out of prison after serving eight months for perjury and attempted extortion.
The district attorney who tried Ellis twice for the crimes has since been voted out of office.
So the big question now is whether the incoming district attorney will be willing to try the case for a third time.
The former DeKalb CEO's first trial ended in a mistrial in 2014. Then prosecutors tried again in 2015 and a jury convicted Ellis of perjury for lying to a special purpose grand jury and of attempted extortion for meddling with a vendor's contract after that vendor refused to give him a campaign contribution.
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The Supreme Court said Wednesday there was enough evidence to convict on both of those charges but it still reversed the case saying a special grand juror should not have been allowed to give his opinion about how relevant Ellis’ statements were to their investigation.
The court also ruled that Ellis should have been allowed to introduce evidence about other vendors who kept their contracts after refusing to give to his campaign.
Ellis' attorney told Channel 2 investigative reporter Jodie Fleischer that he's pleased with the decision and they are planning a news conference for Thursday.
DeKalb County District Attorney Robert James sent Fleischer a statement saying he respects the court's decision, but is obviously disappointed.
DeKalb County sent a statement late Wednesday afternoon saying the decision is not final:
"The county attorney has advised that Mr. Ellis' appeal to the Georgia Supreme Court is not final until the time passes for motions for reconsideration which could be filed by either party.
"The Georgia Supreme Court has ordered that such motions must be filed by Dec. 5, 2016.
During this interim period, the county attorney is evaluating the effect of the Supreme Court's order in the event that no reconsideration motions are filed or the Supreme Court denies motions filed by either or both parties."
In coming DeKalb County DA Sherry Boston released a statement late Wednesday night saying:
"The Supreme Court of Georgia's decision reversing the conviction of DeKalb County CEO Burrell Ellis has understandably raised questions regarding next steps. I am certainly sensitive to those concerns. However, as this is a pending matter, it would be inappropriate for me to comment regarding my intentions prior to January 1, 2017when I officially assume the position of DeKalb County District Attorney."
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