Alapaha DA case moves ahead
Published 3:27 am Tuesday, December 6, 2005
NASHVILLE — With its district attorney indicted by a federal grand jury in April, the Alapaha Judicial Circuit is dealing with a sex scandal.
The indictment that charges Robert “Bob” Ellis Jr. with three counts of depriving a woman’s rights under the law, witness tampering and making false statements has been changed twice. In the first change, the U.S. Attorney’s prosecutor added a charge of making false statements after records say Ellis admitted that he had sex with a woman who was being prosecuted by his office. The trial brief filed with the U.S. District Court of Middle Georgia on June 15 outlines the evidence that will be presented by the prosecutor in September. The factual summary said the woman, JM (not the person’s real name), who was acting as an informant, was arrested in June 2003 during a raid of her home, where her husband was manufacturing methamphetamines. The document states she was arrested to protect her identity as an informant and shortly after had an accusation filed against her by the Alapaha DA’s office. The case was assigned to Assistant DA Brian McDaniel. Her husband, who was the manufacturer of the drug and the principal defendant, pleaded guilty. JM met with Ellis in July 2003. He provided her with an emergency cell phone through the victim’s assistance office and offered to assist her in regaining custody of her minor child, which he did. The document states that during this month, Ellis initiated many calls to JM and as time progressed, he called more often.
The conduct alleged in count one occurred on Aug. 8 when Ellis told JM to pick up the custody order in Nashville at his office, according to the document. Once she was there, he told her she “owed him and he forced her to submit to sexual intercourse,” the document says.
The remainder of the month, the document states that Ellis continued to make contact with JM by phone at home and work, visited her at work and had her come to his office.
On May 15, 2004, a stipulation of evidence was filed by the U.S. Attorney’s office that said the section of carpet removed March 23 from the Magistrate’s Courtroom was later determined to contain seminal fluid of Ellis. All parties agreed that it was true and may be considered by the jury, the document said.
In September, the document states Ellis contacted JM telling her charges against her in Berrien County were being dropped and she should come to his office. Once she arrived, the document states Ellis took her to the Magistrate’s Courtroom where they had the second “forced” sexual encounter. “During that incident, (Ellis) told (JM) that she could run from the building, screaming and naked but nobody would do anything because he was the DA,” the factual summary states.
In October, Ellis wrote a letter vouching for JM’s character after she lost her job and stated in the letter the charges against her would be dismissed, the document said. She had begun a relationship with a man she met at work, but the document said the phone calls from Ellis continued and she sought help from an attorney, Charles Reddick. He advised JM to make audio tapes of the conversations.
During the calls, Ellis made sexually suggestive statements and after several recordings, the tapes were given to the Federal Bureau of Investigation and more recordings were made, the document stated.
The document says that in the recordings made by the FBI, Ellis told JM she would be “put on the docket to ‘jack her around.’ ” Ellis also told her during this time that she would have to appear in court daily and he would force her to see him and he would revoke her bond if she made him mad, the document said.
In count three, the trial brief said that Ellis walked up behind JM on Feb. 20 and touched her breasts; this occurred during a lengthy recorded conversation.
Four days later, while Ellis was being interviewed by FBI agents, he was questioned about whether or not “he had ever solicited sex from or had sex with an adult or juvenile who had pending charges in his circuit.” Ellis said no, according to the document.
JM received a notice to appear in court March 11. On April 8, Ellis and his attorney, Converse Bright, met with the FBI and U.S. Attorney’s office. Ellis stated that he had sex with JM and admitted to the sexual relationship, the document says.
However, the document states, “(Ellis) essentially stated that she was the aggressor and that he had succumbed to her advances.”
In a pretrial hearing May 18, the plea negotiations were summarized by U.S. Attorney Assistant Donald Johstono before Judge Hugh Lawson. The plea was offered before the grand jury met, but if Ellis was indicted, the indictment would be sealed and he could set a date for the entry of a plea and would remain free pending sentencing, the document says.
Johstono said in the transcript that Ellis declined the offer of one count of felony civil rights and one count witness tampering. Johstono said that Bright declined the offer and said Ellis would resign from office and refuse to seek office again, according to the document.
On April 30, a second offer for three counts of misdemeanor civil rights violation and witness tampering was offered. On May, it was declined and Ellis’ attorney J. Tom Morgan offered that Ellis would resign, sign an affidavit to not seek public office and agree to cooperate in other public corruption matters and the criminal charges would be dismissed, Johstono explained to Lawson. Johstono said the purpose of the prosecution was to “determine whether or not he committed these crimes, and if he did, that he be punished.”
Johstono told Lawson the next plea offered was one count of misdemeanor civil rights violation and one count of false statements to the FBI and that on May 14, Bright declined and asked if they would accept a misdemeanor charge. That was declined. Johstono said the next offer was for Ellis to plea to the false statement charge which could carry a range of imprisonment of up to six months. That offer was rejected also.
The trial for Ellis is scheduled for September and will be held in Valdosta.
Ellis, a Democrat, faces off in the July 20 primary against Homerville attorney Cathy Harris Helms.
Republican challenger Charles J. “Jody” Steedley faces the winner of that race in November.
To contact reporter Tanya O’Berry, please call 244-3400, ext. 239.