The judge presiding over former Gwinnett County Commissioner Kevin Kenerly's bribery case could be asked to recuse herself if the defense or prosecution objects to her staff attorney's past employment with the district attorney's office.
The staff attorney, Kimberly A. Gallant, had no involvement in the investigation or presentation of the case when she worked as a prosecutor, according to an order issued July 12 by Superior Court Judge Karen E. Beyers. Beyers wanted to bring the matter to the attention of both parties "out of an abundance of caution," the order said.
So far, neither side has filed a motion asking the judge to step aside. If prosecutors or defense attorneys do file a motion for recusal, it would be argued at a pretrial hearing already scheduled for Aug. 22.
Kenerly, who resigned from public office in November 2010, is charged with bribery for allegedly accepting a total of $1 million in bribes to influence a commission vote on a real estate purchase. He is also charged with failure to disclose a financial interest in property he voted for the county to buy.
Other issues to be decided at the upcoming pretrial hearing include several defense motions asking the judge to dismiss Kenerly's 2011 indictment and to rule inadmissible any statements that Kenerly might have made to investigators. Finally, the defense has filed a motion demanding that prosecutors reveal any deals with witnesses in exchange for their testimony or cooperation.
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