Judge orders Alabama Rep. John Rogers to remain in jail for violating bond
A federal judge ordered Alabama Rep. John Rogers to remain in jail for now after finding that he violated bond in his bribery case.
After a hearing in federal court in Birmingham, U.S. Magistrate Judge Staci Cornelius denied Rogers’ request to be released from the Cullman County jail, one of a handful of local jails that house federal inmates. She said she won’t release the longtime state lawmaker until he has a “suitable residence” and a chaperone who can make sure he doesn’t violate bond again. She scheduled another hearing for next Monday.
Rogers, an 82-year-old Democrat from Birmingham, has been jailed since Monday for violating bond by FaceTime calling one of the prosecution’s witnesses in his bribery case.
In court today, Rogers denied intentionally calling the witness. He was handcuffed and wearing a bright yellow jumpsuit inscribed with the words “Cullman County Inmate.”
“It was a mistake,” he testified. “I should’ve taken that name out of my phone earlier.”
In September, a federal grand jury charged Rogers with obstruction of justice and obstruction of justice by bribery, alleging that he offered public money to the founder of a nonprofit in exchange for the founder lying to the FBI about a kickback scheme involving public tax dollars.
Federal prosecutors last week asked the judge to jail Rogers for twice calling the nonprofit founder, who is identified in court records as “Individual #1.”
Defense attorney John Robbins said in a court document filed earlier on Thursday and during the hearing that Rogers’ call log only shows one FaceTime call to Individual #1 and noted that several other contacts in Rogers’ phone also have the same first or last name as Individual #1.
George Martin, the assistant U.S. attorney prosecuting the case, maintained that he had records of two FaceTime calls from Rogers’ phone to Individual #1′s phone.
“Individual #1 obviously is a cooperating witness with the government,” Robbins told the judge. “From where I sit in the courtroom, we refer to them as snitches.”
Speaking on the radio earlier this week, Rogers said Individual #1 is a man named George Stewart. Stewart’s nonprofit organization, the American Gospel Quartet Convention, received grant funding from Rogers through the Jefferson County Community Service Fund, per a review of the fund’s records.
Judge Cornelius said today that publicly naming a witness, whose identity is shielded from public filings, could be interpreted as a form of intimidation.
“Intimidation can be done in roundabout and circuitous ways,” she said in court.
The judge also expressed concerns about Rogers living with Varrie Johnson Kindall, his longtime personal assistant who is also charged in the kickback scheme. Their bond conditions prevent Rogers and Kindall from discussing their cases with one another.
Judge Cornelius noted that Rogers and Johnson Kindall each called the Gary Richardson Morning Show to talk about the case this week and said it was difficult to believe that they had not discussed the case together.
“I find that implausible, and that will be another violation of the bond conditions,” she said. “They were under the same roof, and then they drove to the court together.”
On the witness stand, Rogers denied discussing the case with Johnson Kindall or intentionally trying to harm Individual #1, calling him a longtime friend.
Judge Cornelius said that she couldn’t release Rogers to go back to living with Johnson Kindall, who helps with his medical care, at her home in Chelsea.
Robbins proposed that Rogers move back to his home in Birmingham’s West End with his daughter. He said that they would hire a nursing service to help Rogers with his medical needs.
Judge Cornelius said that at a hearing next week, she will consider releasing Rogers to live with his daughter, adding that in the meantime Rogers’ daughter needs to be interviewed by the federal probation office.
Robbins told the judge that at Rogers’ age, keeping him in jail for longer would jeopardize his well-being.
“But maybe that’s what the government wants,” Robbins said, for Rogers to “perish” before the trial.
Martin stood up and objected, saying, “We certainly do not want the defendant to die.”
Speaking to reporters after the hearing, Robbins said the time in lockup has shown Rogers that the legislature may need to allocate more funds to jails, given their conditions. Rogers has served in the Alabama legislature for more than four decades.
“As a legislator, this is eye-opening to him,” Robbins said.