Former Commissioner Kevin Kenerly's Fifth Amendment rights against self-incrimination were not violated by special grand jury last year, according to Gwinnett County District Attorney Danny Porter.
In a brief filed Monday with the Georgia Court of Appeals, Porter batted down allegations made by Kenerly's attorney last month.
Kenerly's attorneys alleged that the district attorney improperly influenced the grand jury to disregard Kenerly's Fifth Amendment rights. They cited transcripts of grand jury proceedings which indicate jurors took a dim view of the commissioner's decision to refuse to answer questions last year.
The transcripts show Porter describing Kenerly as "scorched anyway."
In his brief, Porter points out that the grand jury was instructed in the presence of Kenerly and his attorney that they should not make inference about his guilt or innocence by his decision not to answer questions.
"No objection to the instructions or request for additional instructions was made by the Appellant or his attorney," Porter said.
Kenerly is charged with one count of bribery for allegedly accepting or agreeing to accept payments totaling $1 million to arrange for the purchase of land by the Gwinnett County Commission. He also is charged with two counts of failure to disclose a financial interest in a company that sought two rezonings.
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