Rep. John Rogers, D-Birmingham, walks out of the Hugo L. Black U.S. Courthouse in Birmingham after being released from jail on Nov. 6, 2023. (Alander Rocha/Alabama Reflector)
Federal prosecutors asked a court on Wednesday to sentence former Alabama Rep. John Rogers, D-Birmingham, to 14 months imprisonment after he pleaded guilty to charges of wire and mail fraud and obstruction of justice.
Rogers, 83, who represented District 52 in Birmingham for more than 40 years, was implicated in a conspiracy involving misappropriation of funds and obstruction of justice. The U.S. Department of Justice also recommended Wednesday that Rogers pay restitution to the Jefferson County Community Service Fund of $200,000.
“Time and again Rogers abused the trust inherent in the office he held for decades. Rather than ensuring the Fund’s money was used to help inner city kids learn to play baseball, as he promised would be done, Rogers stole $200,000 to support himself and his lover,” the Justice Department’s request stated.
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John Robbins, an attorney for Rogers, said Thursday he was not ready to make a comment.
According to prosecutors, from March 2019 to April 2023, Rogers worked with former Rep. Fred Plump, D-Birmingham, executive director of the Piper Davis Youth Baseball League at the time, and Varrie Johnson Kindall, Rogers’ personal assistant. The arrangement involved redirecting taxpayer-supported funds intended for charitable purposes to personal accounts.
Prosecutors allege that Rogers allocated significant portions of his annual fund allotment to Piper Davis in exchange for kickbacks from Plump, assisted by Kindall. Plump agreed to these terms to receive the funds.
The three also attempted to obstruct justice, according to the filing. Plump warned Kindall about a federal investigation, urging her to fabricate evidence. The filing also said that Rogers admitted to convincing Kindall to take full responsibility for the crimes in exchange for financial support, promising to pay her mortgage and support her children if she was imprisoned.
A report suggested a range of 21 to 27 months of imprisonment for Rogers due to the offense level and lack of criminal history, but the Justice Department recommended a 14-month sentence. The department cited Rogers’ age, but also said that he was in relatively good health.
The filing said that “given Rogers’ longevity and status in the Alabama Legislature at the time of his conviction, the recommended sentence will serve as a powerful forewarning to his former colleagues and future officeholders.”
The recommended 14-month sentence also aligns with similar cases, including the 15-month sentence given to former Rep. Bryant Melton, D-Tuscaloosa, in 2008 for a similar fraud scheme involving $68,000.
“Under the somewhat unique circumstances Rogers presents, a 14-month sentence will reflect the seriousness of his crimes, promote respect for the law, and provide just punishment. Additionally, the 14-month recommended sentence will afford much needed general deterrence to similar criminal conduct by state and local officeholders,” the filing stated.
The Justice Department also recommended a three-year sentence for Kindall and a one-year sentence for Plump.
Rogers objected to the report’s calculations, denying knowledge of the obstruction conspiracy, which was seen as a breach of his plea deal by the U.S. The prosecutors’ filing suggested that this could make the agreement null and void, although Rogers would not be allowed to withdraw his guilty plea.
The sentencing hearing is scheduled for July 26 in Birmingham.
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Updated at 1:35 p.m. to reflect that prosecutors are seeking imprisonment for Rogers and not necessarily time in prison.
The post Federal prosecutors seek 14-month imprisonment for former Rep. John Rogers appeared first on Alabama Reflector .
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