Ex-Gwinnett commissioner fights 2nd indictment

GWINNETT COUNTY, Ga. — Former Gwinnett County commissioner Kevin Kenerly wants the indictments against him tossed out for the second time.
   
Kenerly is accused of taking $1 million in brides while negotiating county land deals.

Channel 2 Action News was at the Gwinnett County Jail in October 2010 when Kenerly turned himself in. The legal maneuvering has persisted ever since.

It's been nearly two years and two separate grand juries have indicted Kenerly, but his legal team said that doesn't prove anything.

"They don't even have our side of the story. Once someone has the entire side of the story, they'll know that he's innocent," said attorney Patrick McDonough.

Both indictments allege a developer bribed Kenerly with 20 payments of $50,000 each for pushing the county commission to buy land for millions above value.
http://bcove.me/bk3dqsje

A special grand jury indicted Kenerly on charges of bribery and failure to disclose a financial interest, but McDonough successfully got those indictments tossed out on what some might call a technicality. He argued the special grand jury had no jurisdiction in the matter.

A regular grand jury handed up a similar round of indictments in July. McDonough believes that was too little, too late and outside the state's statute of limitations.

"The second indictment is more than four years later than when the act took place, so count one and count two would apply to that and those could be kicked out," he said.

He also said the regular grand jury indictments came while the initial special grand jury's decision was still under appeal.

District Attorney Danny Porter sent a brief statement saying, "I haven't reviewed the motions in detail. We will present our arguments as to the merits at the appropriate hearing."

Kenerly's team also wants to get two of the misdemeanors against him dropped because of a recent change to Georgia law. The law used to require elected officials to fill out a financial disclosure form when involved in a land deal they stand to gain from, but that is no longer the case.

WSBTV