ATC Lawyers Continue to Fight for Kevin Kenerly

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 A General Demurrer showing the court that the statutes relating to the two misdemeanor charges were recently repealed.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.

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