Court documents filed this week seek to quash the indictment of a former Gwinnett County Commissioner accused of accepting a bribe and twice voting to rezone property that he had a financial interest in.
A brief filed Wednesday in the Georgia Court of Appeals rehashes arguments that lawyers for Kevin Kenerly made before a trial judge who considered and rejected them last year. Namely, Kenerly’s lawyer claims that the $1 million bribe he is accused of taking from real estate developer David Jenkins in 2007 was a legitimate payment to cash out of a partnership on a development off Grayson Highway in Lawrenceville.
Two months later, Kenerly voted for Gwinnett to buy land from Jenkins to expand Rabbit Hill Park in Dacula.
Kenerly is also indicted to disclose that he had a financial interest in a properties he voted to rezone on May 3, 2005 and Dec. 18, 2001.
The Court of Appeals overturned a 2010 indictment against Kenerly, stating that the special purpose grand jury that investigated suspicious park land purchases did not have the power to bring criminal indictments.
Gwinnett County District Attorney Danny Porter got another indictment from a regular grand jury in August 2011.
Kenerly’s attorney, Pat McDonough, is seeking to quash the subsequent indictment, saying it was invalid because the first was still under appeal. He also argues that the statute of limitations on two of the charges —- including the bribery charge —- expired before the second indictment.
Porter disputed both arguments at the September hearing before Gwinnett County Superior Court Judge Judge Karen Beyers.
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