The Gwinnett Daily Post and the AJC have articles about yesterday’s Supreme Court hearing on the case of the anonymous attacks last summer on Gwinnett Commissioner Kevin Kenerly. For a refresher course on the scandal, click here.
Here are some quotes from the articles:
Gwinnett Superior Court Judge Melodie Snell Conner last year upheld the prosecution’s decision to try the case in Gwinnett.
But Monday, J. Tom Morgan, representing Walter, argued that the case belongs in Fulton County, where the State Ethics Commission is located, because that is where papers registering campaign committees are supposed to be filed.
“(Gwinnett District Attorney Danny Porter) has always been known to plow new ground,’’ Morgan said. “In this case, he’s plowing the wrong field.’’
But Porter told the justices where the ethics commission is physically located is irrelevant because the agency now accepts documents filed electronically.
“In this day and age, there’s no reason for a candidate … to actually drive to Atlanta to file,’’ he said.
McKinney argues that a state law requires such a committee’s chairperson or treasurer to register it with the state Ethics Commission and record its contributions and expenditures. He argues the law doesn’t apply to him because neither he nor his now-deceased co-defendant, Nancy Walter, were officially the “chairperson” or “treasurer,” even though they controlled beatkevin.com’s finances.
But Porter responded that accepting that argument would mean “any independent committee could avoid prosecution by not designating anyone a ‘chairperson’ or ‘treasurer.’ You can call them the ‘boss.’ … You can call them anything you want and as long as you don’t use ‘chairman,’ they’re immune to prosecution.”
Several justices showed interest in the question of whether Porter actually had the legal authority to prosecute the case.
No word on when the Supreme Court will rule on this case.