Wednesday, January 19, 2011
© Copyright 2013
Gwinnett Daily Post
LAWRENCEVILLE — Attorneys are putting their last-minute touches on a brief to the Georgia Court of Appeals, alleging a special grand jury did not have the power to indict Commissioner Kevin Kenerly.
Pat McDonough, one of Kenerly’s attorneys, said the brief would be filed Monday and District Attorney Danny Porter would have several weeks to respond.
McDonough declined to discuss his argument but said the appeal addresses two issues: whether the special grand jury was the appropriate entity to return an indictment and if there were irregularities in the grand jury proceeding that would invalidate the indictment.
The special grand jury convened last year to dig into a series of questionable land purchases from commissioners.
In October, Kenerly was arrested on a felony charge of bribery — accused of taking $1 million to facilitate a favorable deal for developer David Jenkins — and two misdemeanors for failing to disclose a financial interest in rezoning cases.
Kenerly had been scheduled to appear before a Gwinnett County judge last week, before a snow and ice storm closed the courts. McDonough said that hearing will not be held until the appeal is squared away.
Porter did not return phone calls Wednesday seeking comment.