Alabama Legislator John Rogers Sentenced to 13 Months in Federal Prison

After navigating a four-decade political career marked by numerous challenges and investigations, longtime Alabama state Rep. John Rogers is facing a new reality: federal prison.

The 83-year-old Democrat from Birmingham was sentenced on Tuesday by a federal judge to 13 months in prison for his involvement in a kickback scheme involving public funds meant for nonprofits. Rogers becomes the second lawmaker ensnared by federal prosecutors in this scheme.

Upon completion of his prison term, Rogers will serve three years of supervised release and must repay $197,950 to the Jefferson County Community Service Fund. He appeared before U.S. District Judge Scott Coogler at the Hugo L. Black U.S. Courthouse in Birmingham to receive his sentence.

“I’m sorry about the whole escapade and I take full responsibility,” Rogers expressed to Judge Coogler. “It hurts me to no end. I can tell you, it’s hard on me.”

Rogers represented Birmingham and parts of the metro area in the Alabama House of Representatives from 1982 until his resignation in March this year. At the time of his resignation, he was the longest-serving member of the state House and had pleaded guilty to federal corruption charges.

Initially denying any wrongdoing, Rogers ultimately pleaded guilty in March to conspiracy to commit mail and wire fraud and conspiracy to obstruct justice.

Judge Coogler ordered Rogers to surrender himself by September 3, recommending he be assigned to a federal facility close to Birmingham to remain near his two daughters.

Exiting the courthouse with supporters shortly after the hearing, Rogers told the press, “I’m fine. It’s in God’s hands.”

Assistant U.S. Attorney George Martin stated the sentence was fair and serves as a deterrent. “John Rogers has received his punishment,” Martin said. “What’s important is for his colleagues in the legislature, and people who are considering running for office, and people who will serve in the legislature in the future, see that it’s just not worth it. ...You will get caught. You will go to jail.”

Federal prosecutors revealed that between 2019 and April 2023, Rogers directed approximately $400,000 of public funds from the community service fund to the Piper Davis Youth Baseball League, managed by state Rep. Fred Plump. Plump then redirected about half of the money to Rogers’ assistant, Varrie Johnson Kindall, who deposited it for personal use by herself and Rogers.

Judge Coogler sentenced Plump and Johnson Kindall to prison on Friday for their involvement in the scheme. Plump received a year and a day in prison, while Johnson Kindall was sentenced to three years for her role in the scheme and another unrelated theft case. Plump resigned from the legislature and pleaded guilty in May 2023.

During Rogers’ sentencing, Judge Coogler noted that Plump used $200,000 for the baseball league, while “Rogers and Kindall spent it on themselves.” He emphasized Rogers’ greater culpability due to his worse conduct, health conditions, and age compared to Plump.

In addition to the baseball league funds, Rogers and Johnson Kindall were accused of diverting more public funds through another local nonprofit in a second kickback scheme. In 2019, Rogers diverted $10,000 to the nonprofit, with its founder paying back $1,800 to Rogers and Johnson Kindall.

While prosecutors did not name the organization, Rogers identified the nonprofit’s founder as George Stewart, of the American Gospel Quartet Convention, a Birmingham-based music nonprofit. Rogers spent a week in the Cullman County Jail in October for violating his bond by attempting to contact Stewart.

Prosecutors also revealed that Rogers and Johnson Kindall attempted to offer $10,000 from the fund to an unnamed dance studio, but the owner refused to participate in the kickback scheme.

Rogers’ attorney, Robbins, requested home confinement instead of prison, citing Rogers’ military service and declining health due to diabetes, kidney disease, and prostate cancer. Robbins said Rogers wanted to apologize to his constituents, expressing embarrassment and shame for not setting a better example for future lawmakers.

Johnson Kindall received the longest prison sentence of three years, also pleading guilty in a separate case where she collected nearly $88,000 in her deceased parents’ retirement payments. That plea carried a minimum two-year sentence.

Rogers’ fall from grace has elicited strong reactions from residents and political observers. Shelia Smoot, a former Jefferson County commissioner and political strategist, described Rogers as a relic of an older political era. “John was not quiet about anything. And he wasn’t shy to tell you who he was and how he controlled government in the state of Alabama,” she said. “He’s a personable man, generally a nice guy, but shrewd. He did cut some deals that grew his power. But that was then, and this is now. And the game has changed.”

Smoot emphasized the lesson Rogers’ downfall should impart to current and future leaders. “The new leadership needs to be mindful that Alabama politics is real, is not a game, and if you don’t play within the spirit of the rules you might face the same fate as a John Rogers,” she said.