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Kenerly asks to have second indictment thrown out

In this 2010 file photo, former Gwinnett County Commissioner Kevin Kenerly arrives at the Gwinnett County Jail to turn himself in after being indicted on charges he took a $1 million in bribe to help a developer get a deal. Kenerly posted bond and was released shortly after.

In this 2010 file photo, former Gwinnett County Commissioner Kevin Kenerly arrives at the Gwinnett County Jail to turn himself in after being indicted on charges he took a $1 million in bribe to help a developer get a deal. Kenerly posted bond and was released shortly after.

LAWRENCEVILLE — Attorneys for Kevin Kenerly on Monday filed a motion to quash the indictment against the embattled former Gwinnett County commissioner.

A grand jury indicted Kenerly for the second time in August of 2011, just weeks after a Court of Appeals decision threw out the bribery indictment previously issued by a special grand jury. In the filings made late Monday, his attorneys argued that the trial court which enabled the second indictment lacked the jurisdiction to do so.

Authority should have remained with the appellate court, which was still reviewing the issue of whether or not the special grand jury had the power to indict Kenerly in the first place, attorney Pat McDonough said.

“(The indictment) is invalid as it was returned by this Court at a time when it lacked jurisdiction,” the motion to quash said.

The appellate court ultimately held that the grand jury did not have the right to charge Kenerly, and the initial indictment was quashed. Jurisdiction was not “reinvested” in the trial court until eight months after the second indictment, McDonough said.

Kenerly has denied the charge that he accepted a $1 million bribe from a developer to enable a favorable transaction when the county purchased land for an expansion to Rabbit Hill Park, and that he also failed to disclose a financial interest in two zoning cases dealing with the same developer.

Attorneys also filed Monday a plea at bar, arguing that the statue of limitations has run out on the bribery charge and one of the counts of failure to disclose a financial interest.

In addition, McDonough and colleagues at Duluth firm Andersen, Tate and Carr filed a general demurrer, claiming that the state law regarding failure to disclose financial interests has been repealed. The law was repealed in its entirety on April 19, the motion stated.

“Pursuant to the general common law as adopted by the Georgia Supreme Court, the repeal ... terminates the present prosecution on Counts 2 and 3 of the indictment,” the motion said.

District Attorney Danny Porter could not immediately be reached for comment Monday evening.

In an email sent to the Daily Post, McDonough maintained his client’s innocence.

“...we want to reassert our position: Kevin Kenerly is innocent,” he wrote. “Every document we have reviewed and each witness we have interviewed confirms this. Nonetheless, we must continue to fight this prosecution at every stage, and therefore, filed our motions in accordance with the law.”

Georgia law stipulates that if an indictment is thrown out twice, it cannot go forward a third time.

Comments

R 1 year, 11 months ago

Well SOMEBODY is going to be served up if this individual skates now because the responsible parties can't get the ducks in a row ...

Maybe Kenerly can share legal teams with Mr Bannister.

"Kevin Kenerly is innocent" Kinda hard to believe this with the shear number of different attempts on record to get out of a court date BUT if it's legal - go for it and don't forget to pay the 35k in funds due Gwinnett while you're at the courthouse Kevin.

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Cleanupguy 1 year, 11 months ago

Given that he claimed the payments on his income taxes (to avoid those pesky federal tax evasion issues), and that his former developer buddy rolled on him and fingered the money as a bribe, I'm thinking that the "alleged" part of this has vaporized. Then again, his constituents kept re-electing him, even after seeing his Las Vegas antics with Mr. Jenkins on video. I guess we have something to thank Bannister for after all (the aforementioned video, via his partner McKinney).

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newresident 1 year, 11 months ago

This just shows how the legal system is so messed up when someone this guilty can throw up technical issues and be able to possibly get away with a crime. Kennerly along with Bannister are so guilty and their view of public review of their actions shows that they honestly feel that they are above the law. They are what many see as the Gwinnett County "Good Old Boy" club that has been here forever and, in many ways, still exists.

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nawggin 1 year, 11 months ago

Even though he declared bankruptcy, it certaintly still looks like he can still afford his hair gel habit!

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JustConcerned 1 year, 11 months ago

Well, This how the corrupt become more so. They use their ill gotten money to pay lawyers to file meaningless motions to bog down the courts while people like Mr. Kennerly still live the "big" life. If he is truly bankrupt, I'm guessing his attorneys are working pro bono... Maybe the "good folks" in Jackson County will take heed of all this. His wife sits on the Hoschton City Council and they have a "place to receive mail" to facilitate her being allowed on the council. As for Bannister, well, I can't think of anything he is qualified for; not even Dog Catcher.

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kevin 1 year, 11 months ago

He is running scared right now and pulling out all the stops. He should allow a jury to decide his fate, not just a judge, who is one person and may be connected to these crooks. In the end, I believe he will be convicted and that is why he wants everything thrown out. He did admit taking $1 million if he reported it to the IRS ahead of time so let the jury decide. Porter better not drop the ball again.

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Dubbin 1 year, 11 months ago

It seems like any time Porter tries to prosecute any political types for wrong doing the charges always get dropped (like Bill McKinney and maybe Kennerly now) or he simply lets the person walk away (like Bannister). Maybe Porter wants to LOOK like he's cracking down on crooks without really doing so.

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roaads1 1 year, 11 months ago

Dubbin. Don't forget Bannister's sweet deal. Resign and we will leave you alone is pretty lame.

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pcjohn 1 year, 11 months ago

Porter never goes after dirty politicians or errant cops. To quote Spiro Agnew, Porter could be defined as an effete, impudent snob. I would use harsher words for this legal do-nothing.

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Cleanupguy 1 year, 11 months ago

Well, recall the stadium grand jury for a moment. The co-foreman was a Chamber of Commerce person that had helped to put the package together. Nothing amiss there, right?

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news2me 1 year, 11 months ago

We seem to have our fair share of ex leaders here in Gwinnett that miss the spotlight. Last week Bannister, this week Kenerly. Unbelieveable!

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R 1 year, 11 months ago

Propeller will make it ALL better ....
Just ask them!

Meanwhile, back on the ranch at SouthFork - we followup with JR and the CellTower lawsuit...

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NewsReader 1 year, 11 months ago

Kenerly's attorneys are playing games with the system. That's what Lawyers do. So, when the judge strikes down all of these absurd appeals, we can get on with a trial. I want to hear "guilty" and I want to see Kenerly go to jail and do time. I wish Bannister could join him, but that's another issue.

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LilburnLady 1 year, 11 months ago

Interesting tactic! Delay the case by challenging the indictments on a technicality long enough to allow the statute of limitations clock run out! It seems Mr. Kenerly has the ability to afford the best legal minds around. It would be nice to see justice done in this case and for the facts to be heard in open court. A lot of us in Gwinnett have waited a long, long time to see Kenerly finally be held accountable for his blatant abuse of his public office. Hopefully, that day will still come. If not, hopefully, his political career is permanently over.

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roaads1 1 year, 11 months ago

All Gwinnett has to do is dead docket the case if the statute of limitation gets close. The DA or judge can do this. They do it all the time. It "tolls" the time. Freezes the case so they can come back to it any time, even decades later. I don't agree with this tactic as it completely goes against constitutional rights but as I said, they use it a lot.

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Cleanupguy 1 year, 11 months ago

So what's the constitutional difference between that and the delay tactics more often used by (alleged) perps (typically to let evidence and public sentiment chill)? Answer : none.

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roaads1 1 year, 11 months ago

I agree. But those are the laws they have to work with. If you have enough money prison just isn't in your future. Can you imagine a public defender taking the time to do this ? Or even being allowed to ? The game is rigged. And make no mistake it is a game played out by power, favoritism, egos, and cronyism. Leaders consumed by personal agendas rather than what they were hired to do.

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Dubbin 1 year, 11 months ago

I would really like to know how somebody who is broke and owes the county tax money can afford high power lawyers?

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roaads1 1 year, 11 months ago

Dubbin-Only Kevin went bankrupt. The family is fine. It was a business decision. Most bankruptcies are.

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apsLilburn 1 year, 11 months ago

Don't forget the Kenerly monument at Duncan Creek Park. I recall that it was just sheer luck that this field, where Kenerly coached, just happened to get the first artificial field in the county. I certainly hope Gwinnett County has removed that monument.

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R 1 year, 11 months ago

MAYBE they could incarcerate the monument for awhile ... just to try out the cell.

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goridge 1 year, 11 months ago

Someone should investigate his ties with Erik Richards and the GFL. Despite being a nonprofit organization the GFL refuses to disclose its financial records publicly. I suspect that shady dealings with Kenerly may not be the only skeleton in their closet.

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goridge 1 year, 11 months ago

What about his connections with the Gwinnett Football League

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rco1847 1 year, 11 months ago

The only thing that needed to be thrown out was him.

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rco1847 1 year, 11 months ago

Some guys really know how to put the SIN back in buSINess. He seemed to be very cozy with the Chamber of Communists.

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