Rep. John Rogers, D-Birmingham, enters a car after being released from jail on Nov. 6, 2023. Rogers, who faces two obstruction of justice charges over allegations that he diverted money from a public youth baseball league to an associate, was jailed on Oct. 30 for contacting another witness in the case in violation of a bond. Rogers said the call was inadvertent. (Alander Rocha/Alabama Reflector)
Attorney for former Rep. John Rogers, D-Birmingham, requested a hearing Tuesday to determine whether Rogers broke a plea agreement, as prosecutors allege.
Rogers’ attorneys filed an objection to a portion of the plea agreement in June, which federal prosecutors voided the agreement. In filings on Friday and Tuesday, Rogers claimed that he was not aware that an objection had been raised.
“Defendant submits that he did not breach the plea agreement,” the filing said. “He did not direct his counsel to file the objection. He was not even aware that defense counsel had filed it.”
The former state representative, who served in the Alabama House of Representatives for over 40 years, pleaded guilty in March to one count of conspiracy to commit mail and wire fraud and one count of obstruction of justice over allegations that he diverted $200,000 intended for youth sports programs in Jefferson County to his associates. Under the plea agreement, prosecutors would recommend Rogers serve 14 months of home confinement.
But in a filing on June 13, Rogers’ attorneys said that the former representative could not remember making a promise to Valerie Johnson Kindall, a co-defendant, to “take care of personal matters,” as alleged in an indictment filed earlier this year, or to “take care of her children while she is in prison,” as the June filing from Rogers’ attorneys state.
Rogers’ attorneys argued that should affect the sentencing for the obstruction charge.
In a sentencing report filed on July 10, prosecutors called for 14 months’ imprisonment for Rogers, arguing that he was attacking “the facts supporting his guilty plea.”
“Rogers states that he admitted the facts essential to that charge despite not having any memory of the making or timing of the obstructive promise,” prosecutors wrote. “Because the statements in his objections are inconsistent with acceptance of responsibility, the United States exercises the right to declare the Plea Agreement null and void.”
Rogers maintains he was not aware that the plea agreement had been challenged.
“Defendant should not be punished for any errors or mistakes made by his counsel, especially when he neither directed, participated in, nor was aware of the objection,” the filing stated.
According to prosecutors, Rogers worked with Kindall, then Rogers’ personal assistant, and former Rep. Fred Plump, D-Birmingham, then executive director of the Piper Davis Youth Baseball League from March 2019 to April 2023 in an arrangement to redirect taxpayer supported funds for charitable purposes to personal accounts.
Prosecutors alleged that Rogers allocated significant portions of his annual fund allotment to Piper Davis for kickbacks from Plump, with Kindall’s assistance, and Plump agreed to these terms to receive funds.
The three had also allegedly attempted to obstruct justice and Plump warned Kindall about a federal investigation, encouraging her to fabricate evidence. Rogers also allegedly encouraged Kindall to take full responsibility for the crimes in exchange for taking care of her personal affairs.
Rogers is scheduled to be sentenced on Friday.
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