ATC attorney Trinity Hundredmark was a guest contributor on HLN’s ”Raising America” on June 11, 2013. She commented on a variety of topics, including jury questions in the Jodi Arias trial, the Brett Seacat murder trial, and jury selection. Watch an excerpt here:
Archive for the ‘Criminal Defense’ Category
Former U.S. Olympic soccer player was arrested for felony cruelty to children, battery, and criminal trespass following an incident occurring at a local hotel in Gwinnett County. Pat McDonough and Trinity Hundredmark were able to convince prosecutors they could suppress one witness statement and raise serious credibility issues with the remaining witnesses. Therefore, the case was dismissed, and her arrest was expunged.
Following a car accident involving death in Lumpkin County, client was charged with 5 separate counts, including homicide by vehicle in the first degree; reckless driving; laying drags; homicide by vehicle in the second degree; and failure to maintain lane. After Pat McDonough and Trinity Hundredmark provided the state with a detailed accident reconstruction expert report, all felony charges were dismissed, and the client merely pled to the non-reportable offense of driving too fast for conditions.
Client arrested in Barrow County on 17 charges of contributing to the delinquency of a minor, furnishing alcohol to a minor, firing of woodlands, brush, and maintaining a disorderly house. Through in-depth investigation, Pat McDonough and Trinity Hundredmark were able to get all charges dropped, and the case dismissed. Client’s arrest record will be expunged.
Pat McDonough and Trinity Hundredmark of Andersen, Tate & Carr, P.C. filed motions on behalf of their client, Kevin Kenerly, on May 14, 2012. We want to reassert our position: Kevin Kenerly is innocent. Every document we have reviewed and each witness we have interviewed confirms this. Nonetheless, we must continue to fight this prosecution at every stage, and therefore, filed our motions in accordance with the law.
To highlight a few, we filed:
1. A General Demurrer showing the court that the statutes relating to the two misdemeanor charges were recently repealed. Therefore, these charges should be dismissed and the State barred from any future prosecution.
2. A Plea at Bar showing the court that we believe the statute of limitations has run on Count 1 (alleged bribery) and Count 2 (alleged 2005 misdemeanor) . As such, these counts should be dismissed, and the State barred from any further prosecution.
3. A Motion to Quash showing the court that we believe the Court lacked jurisdiction to enter the 2011 indictment because jurisdiction remained with the appellate courts on the first indictment, who was reviewing the issue of whether the Special Purpose Grand Jury had the power to indict Mr. Kenerly (the appellate courts held it did not, and that indictment was quashed). Jurisdiction was not reinvested in the Superior Court of Gwinnett County until remittitur was returned from the Court of Appeals, which incidentally, wasn’t until eight months after the second indictment. Accordingly, the 2nd indictment should be quashed.
Again, we hope to end this for our client as soon as possible, but if the case does ultimately go to trial, the evidence will show he is innocent.
- Kenerly Wins Appeal (andersentatecarr.wordpress.com)
On September 14, 2009, the Gwinnett County District Attorney, Danny Porter, requested that a special purpose grand jury be impaneled to investigate “[t]he acquisition of real property by the Gwinnett County Board of Commissioners.”
On September 23, 2009, the Chief Judge of the Gwinnett County Superior Court entered an Order impaneling a special purpose grand jury. At the time when the Special Purpose Grand Jury was impaneled, Kevin Kenerly was the County Commissionerfor District 4 of Gwinnett County.
Kenerly filed an Objection and Challenge to the Gwinnett County Special Purpose Grand Jury. The trial court held that “the Special Purpose Grand Jury was empowered to return criminal indictments based upon facts discovered during its investigation.”
Thereafter, Kenerly was indicted by the Special Purpose Grand Jury on October 11, 2010. Kenerly’s attorneys, Patrick J. McDonough and Trinity Hundredmark, appealed to the Court of Appeals of Georgia, and argued that the legislative intent behind the statutes governing special purpose grand juries was clear from their plain language, meaning that special purpose grand juries only have the power to investigate and report, not indict. “A special purpose grand jury has an investigative function similar to the FBI, GBI or the police, none of which have the power to indict,” McDonough explained.
On July 6, 2011, the Court of Appeals agreed with McDonough and Hundredmark, reversed the trial court’s decision and held that a special purpose grand jury was not authorized to return a criminal indictment.
The District Attorney then appealed to the Supreme Court of Georgia. On March 5, 2012 the Supreme Court denied the District Attorney’s petition for certiorari. As a result, the indictment against Kenerly was dismissed.
Congratulations to our own Pat McDonough, who became certified in DUI Detection and Standardized Field Sobriety Testing using the NHTSA curriculum in early 2011. This certification adds to the depth and breadth of knowledge that can be put to work for our clients in DUI cases.
Andersen, Tate & Carr to defend Gwinnett County Commissioner Kevin Kenerly on bribery indictment Leave a comment
Earlier today, Pat McDonough and Trinity Hundredmark, attorneys for Gwinnett County Commissioner Kevin Kenerly, notified Governor Sonny Perdue of Kenerly’s decision to voluntarily suspend himself from office, effective immediately.
“Though Commissioner Kenerly’s first instinct was to continue to work to represent the citizens of District 4 until the end of his term, Kevin came to realize that this matter has become an unnecessary distraction for the County staff, his fellow commissioners, and the citizens of Gwinnett County” said Pat McDonough.
“By voluntarily suspending himself, the Gwinnett County Commission can to move forward and finish the rest of this year without any more distractions. In turn, Kevin can focus all of his energies on taking care of his family and responding to the pending charges.” said McDonough.
Kevin Kenerly was first elected to the Gwinnett County Board of Commissioners in 1994 and was ultimately elected to a total of 4 consecutive terms. Kenerly represents District 4, which includes the northern part of Gwinnett County including the cities of Braselton, Lawrenceville, Buford, and Sugar Hill.
Mr. McDonough recently appeared on Fox5 News regarding his defense of Mr. Kenerly
Congratulations to our own Trinity Hundredmark, who is now certified in DUI Detection and Standardized Field Sobriety Testing. These certifications add to the depth and breadth of knowledge that can be put to work for our clients in DUI cases.
As reported on Foxsports.com and in the Atlanta Journal Constitution, due to a plea deal negotiated by Pat McDonough, Falcons defensive tackle Jonathan Babineaux will avoid jail time in a drug related case.
- Falcons DT Babineaux receives probation in drug possession case (nfl.com)
- Babineaux gets probabtion for pot charge (ballhype.com)