Ex-Commissioner Kevin Kenerly's indictment appeal denied

Kevin Kenerly

Kevin Kenerly

ATLANTA — A state court has denied ex-Gwinnett Commissioner Kevin Kenerly’s appeal, meaning the second bribery indictment brought against him will stand — and that he may soon be headed to trial.

The Georgia Court of Appeals entered its ruling Friday affirming the trial court’s decision to deny Kenerly’s plea in bar, an attempt to have the most recent indictment lodged against him dismissed. Still a Gwinnett County commissioner at the time, Kenerly was originally indicted in 2010 on allegations that he accepted a $1 million bribe in order to get developer David Jenkins a favorable deal on a county land purchase.

That indictment was thrown out after the Court of Appeals ruled that the special grand jury that issued it didn’t have the power to do so, but Gwinnett District Attorney Danny Porter got a second indictment filed by 2011.

In a March appeal, Kenerly’s attorneys argued that the second indictment also be thrown out, contending that it shouldn’t have been filed while the first was still pending and that the statute of limitations had expired.

Not so, the Court of Appeals said last week.

The ruling is crucial for the prosecution — according to state law, if a second indictment is thrown out a third cannot be issued on the same charges.