LAWRENCEVILLE -- Former Commissioner Kevin Kenerly is back in trouble with the law.
A grand jury indicted the four-term politician Thursday, just weeks after a Court of Appeals decision threw out the bribery indictment issued by a special grand jury last year.
Kenerly has denied the charge that he accepted $1 million from a developer to enable a favorable transaction when the county purchased land for an expansion to Rabbit Hill Park.
The Braselton man also faces two misdemeanor counts of failure to disclose a financial interest in two zoning cases dealing with the same developer.
Pat McDonough, Kenerly's attorney, said he believes this new indictment could also be thrown out. He filed a motion Wednesday to scrutinize the grand jury array.
"Obviously, this is a diverse county. ... (The grand jury) needs to reflect the county's demographics," McDonough said, pointing to the 2010 census results that showed high percentages of minorities. "We're going to look to see if this is a valid and representative grand jury array."
McDonough said the grand jury procedure would also be investigated.
"Ultimately we hope to get this indictment thrown out as well, so Mr. Kenerly can be exonerated sooner rather than later," McDonough said. "If it does stand, we stand ready to prove his innocence at trial."
Last month, McDonough successfully argued that a special grand jury does not have the power to indict, as happened last year from a special grand jury impaneled to investigate controversial land purchases.
The Georgia Court of Appeals denied District Attorney Danny Porter's request to reconsider its decision. Porter said he will work through the weekend on a brief to the state Supreme Court due next week.
While Porter said Georgia law stipulates that if an indictment is thrown out twice it cannot go forward a third time, he said he is not worried.