Prison now on the table for former Ala. Rep. John Rogers

BIRMINGHAM, Ala. (WBRC) - One of Alabama’s longest serving lawmakers may be headed to federal prison.

John Rogers served in the Alabama House for 40 years. His last term ended early by pleading guilty to his role in a federal kickback scheme that involved misusing Jefferson County tax dollars, according to court records.

Rogers’ plea agreement would allow him to serve a 14-month sentence on home confinement. Recently, prosecutors say Rogers breached his plea agreement and should serve that time in prison.

BACKGROUND

The case revolves around the Jefferson County Community Action Fund. The act levied new taxes starting in 2017 to help pay for school construction and support local students. Court records show two state lawmakers, John Rogers and Fred Plump, along with Rogers’ associate and romantic interest Varrie Johnson Kindall, directed grant money to Plump’s youth baseball league Piper Davis over the course of several years. In turn, Plump would kick back half of those proceeds to Rogers and Kindall. Kindall cashed the checks and used it on their expenses.

“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. Rogers helped destroy Piper Davis and deprived other worthy charities to satiate his greed,” prosecutors wrote in Rogers’ sentencing memorandum.

Rogers’ plea agreement required him to own up to his role in the conspiracy, which was spelled out in the court records that he signed. This involved admitting that he convinced Kindall to accept full responsibility for the kickback scheme and tell investigators that he was not involved. In exchange, he would pay her mortgage and take care of her children if she went to prison. Records indicate Kindall went along with the plan and told agents in May 2023 that Rogers did not know she received kickbacks from Plump.

Rogers’ defense attorney filed an objection to presentence investigative report, which is not public, stating, “Defendant does [sic] have any memory of making this promise. However, the defendant does acknowledge that said information is contained in the factual basis of his plea agreement and that he signed the factual basis and admitted in open court that the factual basis was substantially correct.”

The government says this filing and assertion is a breach of the plea agreement and should require Rogers to serve the 14-month sentence in prison.

Rogers’ attorney countered the notion that Rogers’ violated his agreement and filed a motion requesting a hearing prior to sentencing to determine if the plea agreement will be enforced.

Rogers’ sentencing is scheduled for July 30. The government is also asking that Rogers pay nearly $400,000 in restitution and forfeiture fees.

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