Anniston Star
An Alabama drug legalization advocate is calling into question the 2008 drug possession sentence of a man who happens to be the son of a Clay County judge.
John Alexander Rochester, 23, of Ashland, was arrested March 1, 2008, in Ashland City Park. Rochester, who was 21 at the time, and a 19-year-old man were taken into custody, police said, after they were found to be in possession of large amounts of powdered and crack cocaine, marijuana, ecstasy pills and other drug paraphernalia.
The police report said Rochester claimed ownership of the drugs at the time of his arrest, telling the arresting officer the prices he charged for various quantities of each drug.
Rochester, the son of Clay County Circuit Judge John E. Rochester, was released on bond after serving two and a half weeks in jail.
Rochester’s case was sent to a grand jury hearing in March 2008. According to court documents, the grand jury returned an indictment charging Rochester with possession of a controlled substance, possession of marijuana and possession of drug paraphernalia.
Rochester pleaded guilty to all three counts on April 17, 2008. Sentencing was overseen by retired Talladega County Circuit Judge Jerry L. Fielding.
Rochester was given a suspended five-year jail sentence, five years probation, a $5,600 fine and was ordered to complete a drug rehabilitation program in Mississippi.
Loretta Nall, a drug legalization advocate and 2006 Libertarian Party candidate for governor of Alabama, said she thinks Rochester was given a lighter sentence because his father is a judge.
“If you look at other cases in Clay County with drugs, it doesn’t make a lot of sense that the grand jury would come back with this,” she said. “I expect the judicial system to be fair.”
A criminal law expert, however, said the case likely was given to a grand jury and a judge from a neighboring county in an effort to ensure fairness.
“When you have someone prominent like this, you always have a question of whether or not this was given something special,” said Floyd Feeney, law professor at the University of California, Davis. “But once you get to sentencing, because there is a lot of transparency to that, the fact that you have a judge from another county (presiding) provides some assurance that this is being handled in an even-handed manner.”
Feeney said sentencing in drug offenses sometimes varies from case to case because of the intent behind sentencing.
“Sentencing has a number of different goals. One goal is to deter this individual from committing new drug offenses,” Feeney said. “Even though there are a lot of drugs involved here, what you’d like to do is to get this person into a successful, productive life.”
Nall said she was surprised by the sentence because “Judge Rochester has been notorious for harsh sentences.”
“I’ve seen so many people go to prison under him, and suddenly jail is not good enough for his son,” she said.
Reached by phone Friday, theyoungerRochesterdeclined to comment. Attempts to reach Judge Rochester were unsuccessful.
Contact Staff writer Whit McGee 256-235-3561
--------------------------------------
Thanks to the Anniston Star for covering this story. I have been trying for over a year to get them to cover what the Clay Times Journal would not. Granted they could have gone into a great deal more detail...but it's a start.
A couple of things that need to be corrected in this article are that the indictment wasn't handed down in this case until March of 2009...not 2008 and the Grand Jury that returned the indictment was a Clay County Grand Jury and not a Talladega Grand jury, according to the case file that I have. And I must say that a Clay County Grand Jury would indict a ham sandwich, so it is shocking that they reduced the charges Alex Rochester was facing before returning the indictment. Anyone else caught with that many drugs in the Ashland City Park, of all places, would have been recommended for the death penalty. I can just hear D.A. Freddy Thompson saying, "He was dealing drugs at the park where our children play. What if he had dropped some Extacy and some kid had picked it up and eaten it and then died?" Anyone but Rochester's kid would have received a very long prison sentence for this crime. Anyone else would have been called a kingpin and the trumpets would be blaring that the law got another drug dealer targeting kids at the park off the street.
I also find it utterly outrageous that this reporter had to go all the way to California to find and 'expert' on the criminal justice system in Alabama. Is there anyone who could possibly know less about how fucked up things are here than a law professor from completely across the country? Were there no law or criminal justice experts at the University of Alabama or Jacksonville State that he could have called? While the law professor is correct that the goal of sentencing is to deter a repeat offense and the hope is that the offender will begin to lead a successful, productive life, most people arrested in Alabama for that amount of drugs, who aren't related to a judge, are never offered the chance at a successful, productive life because they are sent to rot for decades in an Alabama prison. I challenge anyone reading this to find me one case in either Clay County or Talladega County Alabama where the accused was found with 1100 Extacy pills, 32 grams of cocaine, prescription drugs (usually folks caught with prescription drugs are charged for each pill they possess without a prescription) and a gallon bag of marijuana that was given a bond low enough to where they could get out. I'd also like to see a case where someone charged with trafficking was allowed to go to treatment. Traffickers aren't even eligible for drug court in Alabama.
I wish this article had gone into more detail about the amount of drugs Alex Rochester was caught with. Overall it's a start.
del.icio.us
Google
Yahoo
Showing posts with label judge john rochester. Show all posts
Showing posts with label judge john rochester. Show all posts
Saturday, October 3, 2009
Wednesday, September 30, 2009
Transcript of Alex Rochester's Arrest Report
Arresting Officer W.E. Cooper
Assisting Officer Cory Ligon
I was patrolling the area around the park at approximately 12:56 a.m. I noticed a vehicle parked in the parking lot. The vehicle was running and had two white male occupants. I noticed the strong smell of marihuana coming from the vehicle. Both occupants were extremely hard to wake up. I asked the front seat occupant for identification. He told me his name was John Alexander Rochester. He handed me his passport for identification. While he was looking for his passport he pulled a pipe out of his pocket. I had Mr. Rochester step out of the vehicle. While still in the vehicle he also pulled out a large amount of cash. While I patted him down outside the vehicle I removed the pipe and asked Mr. Rochester where the drugs were. He pointed to the center console and said there. I found a large cocaine rock in a plastic baggie. Also when looking in and around the center console I found one vial of powder cocaine and a small baggie of marihuana. Mr. Rochester also had another baggie of rock cocaine in his pocket. I placed Mr. Rochester in hand cuffs and sat him down on the ground. I also found out that Mr. Rochester had two outstanding warrants.
I got _________ out of the vehicle. He was covered up with a black jacket. I asked who owned the jacket. Mr. _______ claimed the jacket. In the front pocket of the jacket I found a small baggie containing 26 blue pills identified as Xanax. Mr. _____ was placed in hand cuffs and sat on the ground. All those actions took place after midnight. The park closes at 10 p.m.
Upon search of the vehicle we found a gift bag containing a 1 gallon bag of marijuana and four smaller bags of marijuana. Also in the gift bag was a black plastic bag containing 11 clear plastic bags of pills. These pills were identified as Extacy. Approximately 1100 pills. Bishop Wrecker was called to the scene and transported the vehicle to the sheriff's impound lot at the jail.
I transported Mr. Rochester to the Ashland Police Department. Deputy Cory Ligon transported Mr. _____ to the Ashland Police Department. Upon arrival at the police department Mr. Rochester was notified of his rights and signed a waiver. Mr. Rochester told me that he had fronted the Xanax to Mr. _____. I said fronted? He said yes he would pay me for them later. He stated that he had bought the Extacy tablets two weeks ago and sold them for $10 a pill. He stated he had purchased 2500 pills. He stated that it was bought in Atlanta. I asked about the marijuana. He stated that it was bought in Atlanta the previous day. He said he sold it for $60 a quarter bag. He stated that he would give up the manufacturer and distributor in Atlanta if the feds would take considerable time off his sentence.
He had 8 Klonopin .5 in his possession. He stated that he bought them for $4 a pill and sold them for $6 or $7 a pill. He also had 4 nitroglycerin tablets. I asked him what they were for. He stated in case anyone overdosed on the cocaine.
Also we found 2 sets of digital scales, one shaker, one pack of JOB 1.5 rolling papers, two straws were also found. One pack of Swisher Sweet Cigarillos, several packets of flavored EZ Roll tubes. One partially smoked blunt was found in the ashtray. One bottle of Johnny Walker Red Label Blended Scotch Whiskey was also found in the vehicle. Mr. Rochester made his statement and was booked on several felony charges and two misdemeanor charges. Mr. Rochester had $1149 on his person at the time of his arrest. It was counted in front of Mr. Rochester and verified. All items placed in evidence.
del.icio.us
Google
Yahoo
Assisting Officer Cory Ligon
I was patrolling the area around the park at approximately 12:56 a.m. I noticed a vehicle parked in the parking lot. The vehicle was running and had two white male occupants. I noticed the strong smell of marihuana coming from the vehicle. Both occupants were extremely hard to wake up. I asked the front seat occupant for identification. He told me his name was John Alexander Rochester. He handed me his passport for identification. While he was looking for his passport he pulled a pipe out of his pocket. I had Mr. Rochester step out of the vehicle. While still in the vehicle he also pulled out a large amount of cash. While I patted him down outside the vehicle I removed the pipe and asked Mr. Rochester where the drugs were. He pointed to the center console and said there. I found a large cocaine rock in a plastic baggie. Also when looking in and around the center console I found one vial of powder cocaine and a small baggie of marihuana. Mr. Rochester also had another baggie of rock cocaine in his pocket. I placed Mr. Rochester in hand cuffs and sat him down on the ground. I also found out that Mr. Rochester had two outstanding warrants.
I got _________ out of the vehicle. He was covered up with a black jacket. I asked who owned the jacket. Mr. _______ claimed the jacket. In the front pocket of the jacket I found a small baggie containing 26 blue pills identified as Xanax. Mr. _____ was placed in hand cuffs and sat on the ground. All those actions took place after midnight. The park closes at 10 p.m.
Upon search of the vehicle we found a gift bag containing a 1 gallon bag of marijuana and four smaller bags of marijuana. Also in the gift bag was a black plastic bag containing 11 clear plastic bags of pills. These pills were identified as Extacy. Approximately 1100 pills. Bishop Wrecker was called to the scene and transported the vehicle to the sheriff's impound lot at the jail.
I transported Mr. Rochester to the Ashland Police Department. Deputy Cory Ligon transported Mr. _____ to the Ashland Police Department. Upon arrival at the police department Mr. Rochester was notified of his rights and signed a waiver. Mr. Rochester told me that he had fronted the Xanax to Mr. _____. I said fronted? He said yes he would pay me for them later. He stated that he had bought the Extacy tablets two weeks ago and sold them for $10 a pill. He stated he had purchased 2500 pills. He stated that it was bought in Atlanta. I asked about the marijuana. He stated that it was bought in Atlanta the previous day. He said he sold it for $60 a quarter bag. He stated that he would give up the manufacturer and distributor in Atlanta if the feds would take considerable time off his sentence.
He had 8 Klonopin .5 in his possession. He stated that he bought them for $4 a pill and sold them for $6 or $7 a pill. He also had 4 nitroglycerin tablets. I asked him what they were for. He stated in case anyone overdosed on the cocaine.
Also we found 2 sets of digital scales, one shaker, one pack of JOB 1.5 rolling papers, two straws were also found. One pack of Swisher Sweet Cigarillos, several packets of flavored EZ Roll tubes. One partially smoked blunt was found in the ashtray. One bottle of Johnny Walker Red Label Blended Scotch Whiskey was also found in the vehicle. Mr. Rochester made his statement and was booked on several felony charges and two misdemeanor charges. Mr. Rochester had $1149 on his person at the time of his arrest. It was counted in front of Mr. Rochester and verified. All items placed in evidence.
del.icio.us
Yahoo
AL Judge's Drug Dealing Son , Alex Rochester, Walks Free
Last year I brought my readers the story of John Alexander Rochester who is the son of hanging Judge John Rochester of Alabama's 41st Circuit Court.
To refresh everyone's memory young Mr. Alex Rochester was busted in the Ashland City Park on March 1, 2008 and charged with trafficking drugs. The drugs he was charged with trafficking are as follows; Cocaine, crack cocaine, marijuana, ecstacy, meth and xanax.
The last we heard Alex Rochester had been ferried away, under his mothers skirts, to a posh treatment center called The Arbor where he was to remain for a year. Young Rochester's MySpace page states that he is currently in college. His Facebook page doesn't say much but does have a photo of him.
Yesterday I was able to come by John Alexander Rochester's case file and, I hate to tell you, but what I predicted would happen has happened. No surprise really. Regular working folks kids go to prison for years and years on charges like this. The Judge's son gets off scot free.
John Alexander Rochester was allowed to plea all of the trafficking charges down to simple possession charges and he received five years probation. He is walking around free. The arrest report states that he and his friend were passed out at the Ashland City Park at 12:56 a.m. The arresting officer smelled marijuana and conducted a search. While Alex Rochester was attempting to pull his passport out of his pocket a pipe fell out. After the massive amounts of drugs were found Alex Rochester stated according to the police report that "He had bought the drugs in Atlanta and that he would give up the name of the supplier if the fed's would take considerable time off his sentence." Alex Rochester already had two warrants out for his arrest at the time of this arrest. Apparently Daddy never taught him to keep his mouth shut when the cops show up because Alex Rochester squealed like a little pig.
Here is what the case file says about the amount of drugs he was arrested with. You better sit down.
1. Two baggies, envelope, one vial, crack cocaine, powder cocaine Total: 32 grams (1 ounce give or take)
2. 1 gallon bag containing marijuana
3. 5 sandwich baggies containing marijuana. 4 were corners of bags packaged for resale.
4. 1100 Extacy pills in 11 baggies
5. 2 straws, 2 rolled up dollar bills and two pipes.
6. 26 Xanax pills
I'd bet my right arm that NEVER in the history of Alabama has anyone caught with that amount of drugs been allowed to plea down trafficking charges (clearly he was trafficking) to simple possession. And remember...all of those charges carried an additional 3 year mandatory minimum because the arrest occurred withing three miles of a school, church, day care center and public housing facilities. Hell, it happened in the Ashland City Park where all the little children play on the mini-monster trucks and monkey bars. I also wonder how many people are in jail or prison because they bought drugs from Alex Rochester and got caught?
Anyone else would have had bonds in the millions of dollars, had their face plastered all over the front page of the newspaper and would be serving decades in an Alabama prison. In this case, because Alex Rochester's daddy is a judge, he is treated like the fortunate son, given a slap on the wrist and set free. The Clay Times Journal printed only the police blotter when he was arrested and there has to date been absolutely no additional coverage of this major story in the paper.
The court system and the media have failed the citizens of those counties and really all the citizens of the State of Alabama. We expect fairness in our judicial system. Clearly our system has been subverted and the rules thrown out the window because it was a judge's son caught red handed TRAFFICKING HUGE AMOUNTS OF DRUGS.
However, I have a plan to make sure the majority of the citizens of Clay County and Coosa County are made aware of what has happened. I won't say what that plan is because I want it to be a really nasty surprise for the Rochester family. Don't want to spoil the anticipation for them.
Do stay tuned and please DIGG THIS
del.icio.us
Google
Yahoo
To refresh everyone's memory young Mr. Alex Rochester was busted in the Ashland City Park on March 1, 2008 and charged with trafficking drugs. The drugs he was charged with trafficking are as follows; Cocaine, crack cocaine, marijuana, ecstacy, meth and xanax.
The last we heard Alex Rochester had been ferried away, under his mothers skirts, to a posh treatment center called The Arbor where he was to remain for a year. Young Rochester's MySpace page states that he is currently in college. His Facebook page doesn't say much but does have a photo of him.
Yesterday I was able to come by John Alexander Rochester's case file and, I hate to tell you, but what I predicted would happen has happened. No surprise really. Regular working folks kids go to prison for years and years on charges like this. The Judge's son gets off scot free.
John Alexander Rochester was allowed to plea all of the trafficking charges down to simple possession charges and he received five years probation. He is walking around free. The arrest report states that he and his friend were passed out at the Ashland City Park at 12:56 a.m. The arresting officer smelled marijuana and conducted a search. While Alex Rochester was attempting to pull his passport out of his pocket a pipe fell out. After the massive amounts of drugs were found Alex Rochester stated according to the police report that "He had bought the drugs in Atlanta and that he would give up the name of the supplier if the fed's would take considerable time off his sentence." Alex Rochester already had two warrants out for his arrest at the time of this arrest. Apparently Daddy never taught him to keep his mouth shut when the cops show up because Alex Rochester squealed like a little pig.
Here is what the case file says about the amount of drugs he was arrested with. You better sit down.
1. Two baggies, envelope, one vial, crack cocaine, powder cocaine Total: 32 grams (1 ounce give or take)
2. 1 gallon bag containing marijuana
3. 5 sandwich baggies containing marijuana. 4 were corners of bags packaged for resale.
4. 1100 Extacy pills in 11 baggies
5. 2 straws, 2 rolled up dollar bills and two pipes.
6. 26 Xanax pills
I'd bet my right arm that NEVER in the history of Alabama has anyone caught with that amount of drugs been allowed to plea down trafficking charges (clearly he was trafficking) to simple possession. And remember...all of those charges carried an additional 3 year mandatory minimum because the arrest occurred withing three miles of a school, church, day care center and public housing facilities. Hell, it happened in the Ashland City Park where all the little children play on the mini-monster trucks and monkey bars. I also wonder how many people are in jail or prison because they bought drugs from Alex Rochester and got caught?
Anyone else would have had bonds in the millions of dollars, had their face plastered all over the front page of the newspaper and would be serving decades in an Alabama prison. In this case, because Alex Rochester's daddy is a judge, he is treated like the fortunate son, given a slap on the wrist and set free. The Clay Times Journal printed only the police blotter when he was arrested and there has to date been absolutely no additional coverage of this major story in the paper.
The court system and the media have failed the citizens of those counties and really all the citizens of the State of Alabama. We expect fairness in our judicial system. Clearly our system has been subverted and the rules thrown out the window because it was a judge's son caught red handed TRAFFICKING HUGE AMOUNTS OF DRUGS.
However, I have a plan to make sure the majority of the citizens of Clay County and Coosa County are made aware of what has happened. I won't say what that plan is because I want it to be a really nasty surprise for the Rochester family. Don't want to spoil the anticipation for them.
Do stay tuned and please DIGG THIS
del.icio.us
Yahoo
Thursday, August 14, 2008
More from the Rochester Peanut Gallery
I love rattling folks cages....especially when the folks in question are powerful judges or attorney generals. Judging from the responses the Rochester Peanut gallery is leaving on this blog and my other blog I'd say I've rattled them so hard their teeth are about to fall out. Here is the latest comment....peanut gallery in bold/italics and mine follow.
Just to let you know- so you don't have to take credit for anything. I believe that I told you that George and the DA would be stepping down.
Nonsense. Prove that you told me or my readers that. I remember a comment on my other blog where some anonymous person (perhaps it was you) said Judge Simpson DID step down and DID NOT handle the bond hearing. Which was a lie. I have the paperwork to prove it. The DA didn't step aside til things started getting a little hot and not until after I began talking about it on the radio.
Believe me it had nothing to do with your letter writing and calling campaign- that's really not an effective way of handling things anymore.
Sure, sure. Except that most people are smart enough to figure out that if the Judge and D.A. were going to do the right thing and step aside then they would have done it at the beginning and never handled the bond hearing. That they didn't do it until after I started talking about this case tells everyone reading this blog and following this story all they need to know about what happened and why.
As to whether or not calling and writing is an effective way to handle things this day and time....well it was obviously effective for this purpose because it got you scurrying around like a rat trying to cover your ass.
Especially when it comes from a mentally unstable, druggie, that complains about everything and everybody.
Now that's about the pot calling the kettle black ain't it? I admit an affinity for weed and make no bones about it. I also advocate for changes in the drug laws that, if implemented, would have prevented John ALexander Rochester from being arrested in the first place. If that makes me a 'druggie' then what does trafficking meth, trafficking cocaine, pills and marijuana make John Alexander Rochester? And you for supporting his free ride through the legal system?
Mentally unstable? How so? I'm obviously mentally stable enough to bust your ass for tinkering with my justice system.
Complains about everything and everybody? Oh, you mean since I am not a Democrat or Republican and go after both instead of towing a party line that I complain about everybody? You'd be right about that. You are all fair game in my book and at least I am consistent.
Oh yeah, personal attacks (mentally unstable druggie) only show everyone that you have no real argument or defense for your actions.
It's hard to take you serious anymore. It's like the little boy that cried wolf. You've cried wolf too many times. Most people around the state think you're a joke.
Where and when have I cried wolf before and not been vindicated? Please provide some examples with documentation. Further....there are just over 4 million people in this state...your statement implies that you have talked to ALL OF THEM and that, in your opinion, they think I am a joke. We all know that cannot be true. If you want people to believe you then you have to post things that remotely resemble HONEST.
Alex's trial is coming up. A new judge will take over. Alex will plead to something, hopefully he will serve no time to 5 years because this is his first offense. He's been in rehab for 6 months now with limited privileges and drug tested weekly.
It is my understanding that this is not his first offense. And, it must be really nice to spend six months in treatment when you are charged with drug trafficking. It is unheard of in anyone elses case that they are granted bonds as low as John Alexander Rochester was for the same offenses. Ahhh the elite and priviliged. Must be nice. You should tell JAR to enjoy the comforts of treatment while he can....prison won't be nearly as posh and gentle.
Judge Rochester will be retiring in a year to two years- so don't think you're running him off.
Good. One less corrupt, holier-than-thou, asshole on the bench. Not that I have much faith that his replacement will be any better. Further...Judge Rochester might want to consider moving that retirement date up a bit further....else he will leave the bench with some nasty black smudges on his record.
del.icio.us
Google
Yahoo
Just to let you know- so you don't have to take credit for anything. I believe that I told you that George and the DA would be stepping down.
Nonsense. Prove that you told me or my readers that. I remember a comment on my other blog where some anonymous person (perhaps it was you) said Judge Simpson DID step down and DID NOT handle the bond hearing. Which was a lie. I have the paperwork to prove it. The DA didn't step aside til things started getting a little hot and not until after I began talking about it on the radio.
Believe me it had nothing to do with your letter writing and calling campaign- that's really not an effective way of handling things anymore.
Sure, sure. Except that most people are smart enough to figure out that if the Judge and D.A. were going to do the right thing and step aside then they would have done it at the beginning and never handled the bond hearing. That they didn't do it until after I started talking about this case tells everyone reading this blog and following this story all they need to know about what happened and why.
As to whether or not calling and writing is an effective way to handle things this day and time....well it was obviously effective for this purpose because it got you scurrying around like a rat trying to cover your ass.
Especially when it comes from a mentally unstable, druggie, that complains about everything and everybody.
Now that's about the pot calling the kettle black ain't it? I admit an affinity for weed and make no bones about it. I also advocate for changes in the drug laws that, if implemented, would have prevented John ALexander Rochester from being arrested in the first place. If that makes me a 'druggie' then what does trafficking meth, trafficking cocaine, pills and marijuana make John Alexander Rochester? And you for supporting his free ride through the legal system?
Mentally unstable? How so? I'm obviously mentally stable enough to bust your ass for tinkering with my justice system.
Complains about everything and everybody? Oh, you mean since I am not a Democrat or Republican and go after both instead of towing a party line that I complain about everybody? You'd be right about that. You are all fair game in my book and at least I am consistent.
Oh yeah, personal attacks (mentally unstable druggie) only show everyone that you have no real argument or defense for your actions.
It's hard to take you serious anymore. It's like the little boy that cried wolf. You've cried wolf too many times. Most people around the state think you're a joke.
Where and when have I cried wolf before and not been vindicated? Please provide some examples with documentation. Further....there are just over 4 million people in this state...your statement implies that you have talked to ALL OF THEM and that, in your opinion, they think I am a joke. We all know that cannot be true. If you want people to believe you then you have to post things that remotely resemble HONEST.
Alex's trial is coming up. A new judge will take over. Alex will plead to something, hopefully he will serve no time to 5 years because this is his first offense. He's been in rehab for 6 months now with limited privileges and drug tested weekly.
It is my understanding that this is not his first offense. And, it must be really nice to spend six months in treatment when you are charged with drug trafficking. It is unheard of in anyone elses case that they are granted bonds as low as John Alexander Rochester was for the same offenses. Ahhh the elite and priviliged. Must be nice. You should tell JAR to enjoy the comforts of treatment while he can....prison won't be nearly as posh and gentle.
Judge Rochester will be retiring in a year to two years- so don't think you're running him off.
Good. One less corrupt, holier-than-thou, asshole on the bench. Not that I have much faith that his replacement will be any better. Further...Judge Rochester might want to consider moving that retirement date up a bit further....else he will leave the bench with some nasty black smudges on his record.
del.icio.us
Yahoo
Thursday, July 31, 2008
D.A. in John Alexander Rochester Case Steps Aside
I got word last night from a source close to the case that Clay County District Attorney Freddy Thompson has recused himself from prosecuting the John Alexander Rochester drug trafficking case. The Alabama Attorney General's Office has now taken over.
I don't know if it had anything to do with my publicizing this case so heavily, but I like to think it did and I feel like it did. If the D.A. had wanted to do the right thing then he would have stepped aside at the preliminary level and would not have been the DA at the bond hearing. That he waited until after the heat was on to step aside tells me about all I need to know.
I understand Rod Giddens, of neighboring Talladega County, will be representing John Alexander Rochester and that the D.A. prosecuting the case and the judge hearing the case will be chosen by the Attorney General's office.
I mailed the judicial inquiry complaint against Judge George C. Simpson last week and am waiting for word from them as to what they plan to do. I'll keep you all posted on the outcome. I am currently working on one against Judge John Rochester because, according to the Canon of Ethics he is responsible for making sure everyone in his court follows the law and the Canon of Ethics. Ultimately it was his duty to make Simpson step aside and he didn't do that.
del.icio.us
Google
Yahoo
I don't know if it had anything to do with my publicizing this case so heavily, but I like to think it did and I feel like it did. If the D.A. had wanted to do the right thing then he would have stepped aside at the preliminary level and would not have been the DA at the bond hearing. That he waited until after the heat was on to step aside tells me about all I need to know.
I understand Rod Giddens, of neighboring Talladega County, will be representing John Alexander Rochester and that the D.A. prosecuting the case and the judge hearing the case will be chosen by the Attorney General's office.
I mailed the judicial inquiry complaint against Judge George C. Simpson last week and am waiting for word from them as to what they plan to do. I'll keep you all posted on the outcome. I am currently working on one against Judge John Rochester because, according to the Canon of Ethics he is responsible for making sure everyone in his court follows the law and the Canon of Ethics. Ultimately it was his duty to make Simpson step aside and he didn't do that.
del.icio.us
Yahoo
Thursday, June 19, 2008
Comparison Bonds in the Rochester Case
I was able to come by five more case action summaries for drug defendants in George C. Simpson's courtroom during the same time frame for John Alexander Rochester. Judge Simpson is the judge who set the bonds in the case. There are some whopping disparities. Check this out.
The bond schedule sets the bond for drug trafficking anywhere from $5,000 to $1,500,000. Class A felony bonds range from $10,000 to $60,000, Class B felony bonds range from $5,000 to $30,000 and Class C felony bonds range from $2500 to $15,000. Class A Misdemeanor bonds range from $300 to $6,000.
Regular Citizens
Charge - Unlawful manufacture of a controlled substance Second Degree - Bond $30,000 Class B Felony (This bond is the maximum)
Charge - Unlawful distribution of a controlled substance - Bond $30,000 Class B Felony (This bond is the maximum)
Charge - Unlawful distribution of a controlled substance - Bond $100,000 Class B Felony (This bond is $70,000 more than the maximum on the bond schedule)
Charge - Unlawful manufacture of a controlled substance - Bond $50,000 Class B Felony (This bond is $20,000 more than what the bond schedule says it should be at the highest)
Charge - Possession of a controlled substance - Bond $30,000 Class C Felony (This bond is twice what the schedule says it should be at the highest)
Compare to the bonds that John Alexander Rochester received from Judge Simpson
John Alexander Rochester - Judges Son
Charge - possession of Methyl Amphetamine - Bond $20,000, Class C Felony ($5,000 more than the bond schedule maximum)
Charge - possession of drug paraphernalia - Bond $5,000, Class A Misdemeanor(except it was within three miles of a school and public housing)(Near the maximum in bond schedule)
Charge - distribution of a controlled substance - Bond $15,000, (the other two people charged with this crime had bonds of $30,000 and $100,000) Class B felony (Bond set in the middle of range)
Charge - possession of a controlled substance - Bond $15,000, Class C Felony
This fine is the maximum on the schedule but still only half of what other defendants charged with the same offense had to pay. Why were others charged double?
Charge - 1st degree possession of marijuana - Bond $10,000, Class C Felony Less than the maximum bond by $5,000
Charge - trafficking cocaine - Bond $20,000. Class A Felony Now this one could have been considered drug trafficking and the bond could have been set up to 1.5 million dollars, but it looks like the judge went for the Class A Felony bond and not the drug trafficking bond.
In at least two cases John Alexander Rochester's bond was half (or less)what other people charged with the same crime had to pay. In most of the other cases the fines are way higher than what the bond schedule says they should be. That makes this even more disgusting because the Rochester's have plenty of money while the other folks don't. The Rochester's could pay almost any bond amount and not be hurt too bad financially by it....but these other, common, regular citizens, who probably make barely above minimum wage working at Tyson or Piggly Wiggly or Bill's Dollar Store, will go broke trying to scrape up enough money to get out.
Yesterday I mentioned that John Alexander Rochester, should have enhancements added to his sentence because he was within a three mile radius of the schools and many public housing complexes. Ashland is tiny. Just about everything in it is in a three mile radius. Here are the parts of the Alabama Code that deal with sales within a three mile radius.
Distribution within three miles of a school 5 year enhancement with no provision for probation
Distribution within three miles of public housing 5 year enhancement with no provision for probation aside
Use of Drug paraphernalia within three miles of public housing Subject to forfeiture
Here are the sections of the Alabama Code that deal with mandatory minimums.
Trafficking in marijuana, cocaine, meth
Sentences not to be deferred or reduced (unless the prosecutor asks for it to be or the defendant narcs out his connections, or attends treatment and pays his/her fines and court costs)
Now, I can already picture Fred Thompson, the D.A., asking for a sentence reduction for JAR and it being granted by Judge Simpson because John Alexander Rochester was able to pay his way out. Yep...theres actually a provision for folks who have money.
I don't know how the enhancements will affect this case or the possibility of the prosecutor asking for a reduction in sentence. If anyone out there knows please post the answer or email me.
This is so VILE! There ought not be two sets of rules in our judicial system. This case clearly shows that we do, in fact, have two sets of rules and that the main rule is you can have exactly as much justice as you can afford.
del.icio.us
Google
Yahoo
The bond schedule sets the bond for drug trafficking anywhere from $5,000 to $1,500,000. Class A felony bonds range from $10,000 to $60,000, Class B felony bonds range from $5,000 to $30,000 and Class C felony bonds range from $2500 to $15,000. Class A Misdemeanor bonds range from $300 to $6,000.
Regular Citizens
Charge - Unlawful manufacture of a controlled substance Second Degree - Bond $30,000 Class B Felony (This bond is the maximum)
Charge - Unlawful distribution of a controlled substance - Bond $30,000 Class B Felony (This bond is the maximum)
Charge - Unlawful distribution of a controlled substance - Bond $100,000 Class B Felony (This bond is $70,000 more than the maximum on the bond schedule)
Charge - Unlawful manufacture of a controlled substance - Bond $50,000 Class B Felony (This bond is $20,000 more than what the bond schedule says it should be at the highest)
Charge - Possession of a controlled substance - Bond $30,000 Class C Felony (This bond is twice what the schedule says it should be at the highest)
Compare to the bonds that John Alexander Rochester received from Judge Simpson
John Alexander Rochester - Judges Son
Charge - possession of Methyl Amphetamine - Bond $20,000, Class C Felony ($5,000 more than the bond schedule maximum)
Charge - possession of drug paraphernalia - Bond $5,000, Class A Misdemeanor(except it was within three miles of a school and public housing)(Near the maximum in bond schedule)
Charge - distribution of a controlled substance - Bond $15,000, (the other two people charged with this crime had bonds of $30,000 and $100,000) Class B felony (Bond set in the middle of range)
Charge - possession of a controlled substance - Bond $15,000, Class C Felony
This fine is the maximum on the schedule but still only half of what other defendants charged with the same offense had to pay. Why were others charged double?
Charge - 1st degree possession of marijuana - Bond $10,000, Class C Felony Less than the maximum bond by $5,000
Charge - trafficking cocaine - Bond $20,000. Class A Felony Now this one could have been considered drug trafficking and the bond could have been set up to 1.5 million dollars, but it looks like the judge went for the Class A Felony bond and not the drug trafficking bond.
In at least two cases John Alexander Rochester's bond was half (or less)what other people charged with the same crime had to pay. In most of the other cases the fines are way higher than what the bond schedule says they should be. That makes this even more disgusting because the Rochester's have plenty of money while the other folks don't. The Rochester's could pay almost any bond amount and not be hurt too bad financially by it....but these other, common, regular citizens, who probably make barely above minimum wage working at Tyson or Piggly Wiggly or Bill's Dollar Store, will go broke trying to scrape up enough money to get out.
Yesterday I mentioned that John Alexander Rochester, should have enhancements added to his sentence because he was within a three mile radius of the schools and many public housing complexes. Ashland is tiny. Just about everything in it is in a three mile radius. Here are the parts of the Alabama Code that deal with sales within a three mile radius.
Distribution within three miles of a school 5 year enhancement with no provision for probation
Distribution within three miles of public housing 5 year enhancement with no provision for probation aside
Use of Drug paraphernalia within three miles of public housing Subject to forfeiture
Here are the sections of the Alabama Code that deal with mandatory minimums.
Trafficking in marijuana, cocaine, meth
Sentences not to be deferred or reduced (unless the prosecutor asks for it to be or the defendant narcs out his connections, or attends treatment and pays his/her fines and court costs)
Now, I can already picture Fred Thompson, the D.A., asking for a sentence reduction for JAR and it being granted by Judge Simpson because John Alexander Rochester was able to pay his way out. Yep...theres actually a provision for folks who have money.
I don't know how the enhancements will affect this case or the possibility of the prosecutor asking for a reduction in sentence. If anyone out there knows please post the answer or email me.
This is so VILE! There ought not be two sets of rules in our judicial system. This case clearly shows that we do, in fact, have two sets of rules and that the main rule is you can have exactly as much justice as you can afford.
del.icio.us
Yahoo
Wednesday, June 18, 2008
I Told You So
A few months ago I posted about Circuit Court Judge John Rochester's son, John Alexander Rochester, getting busted for trafficking narcotics in Ashland, AL. I also posted some background on Judge Rochester's history of harsh sentences for drug offenders in the past.
I predicted, however, that his son, John Alexander Rochester, would be whisked away to treatment under the cover of darkness and we'd never hear about this case again.
And I was right. On March 21, of this year John Alexander Rochester was bonded out of the Clay County jail by his mother, Linda Rochester and secreted away to a treatment center in Mississippi.
Here are the comments made on one of the posts
"Okay folks, I want you to know this much. John was signed out of the Clay county jail by someone who appeared to be his mother.
The bond amounts were VERY SMALL concerning the charges. For the Distribution of Cocaine and Meth, he had $20,000 bonds- POSTED by one person. Not the way it usually goes. When a bond is posted, it is supposed to have TWO signers, and the property must be worth double what the bond is, liens are counted, and you can only have four bonds signed out at one time. There were at least five charges to my recollection.
People with the same charges have had much larger bonds. Someone accused of not registering as a sex offender got a bond that size.
I am having to go anonymous here because if it is known that I leaked this out, I might make someone angry at me and loose my job.
Don't take my word for it. Demand the public record. You will see it's true.
A few days ago, I heard him order a bonding company loose their license, because they did not come to court, and were not present for what is called a forfeiture case.
I heard later that the company's notice was sent out with only 2 business days notice, and that they sent it to the wrong address.
The law is very clear, a bonding company has 30 days to pay a forfeiture. I was very shocked. They just put someone out of business because of their own screw up, and we wonder why businesses won't come here.
I happen to like that bonding company. They didn't rip people off and only charged ten percent. They came every time they had been called, and were very professionial. I talked to the owner, who told me he had been a bail bondsman for 7 years that he was still searching vigorously for the defendant who failed to appear, and he was very distraught over the situation because his court date for the final forfeiture was set way too early.
It's a shame, I also heard that Judge Rochester had never done that before, and had given Grover Poole bonding over a year to pay a bond, and never revoked them.
Special treatment? Favoritism? You decide."
And another...
John was released on March 21, 2008 on at least 6 different charges. The person who claimed not to be trying to get him out is obviously a liar themselves.
Linda Rochester posted property bonds with her name only on each one as the property holder.
For your information, the Sherrif can allow someone to do that if they so desire. Of course, if you are poor, and have no friends in high places, the jail will require the two property owners. Only the Sherrif or Judge can over rule that.
Either way, I heard that this young man was caught with meth, pot, pills, cocaine, and drug paraphernalia. Serious charges, yes, but he doesn't need help. It sounds like he needs a legal job.
He was a dealer not a user. So what's to help him?
Why would anyone not want him to go to jail for what he was doing? Selling drugs is a crime. The law is the law. Uphold it, or fight for change if you disagree, but in the meantime, you must obey the law. No one is above it.
Another Anonymous
So, on March 21 John Alexander Rochester was released on property bonds totaling $20,000. Usually bonds for narcotics trafficking reach into the hundreds of thousands and sometimes even millions. Only one person, his mother, signed the property bonds and that is not the way it is usually done.
Here is what I want to know.
Who set the bond?
What judge heard the bond case?
Was this done in Clay County?
I'll take a stab at my own questions. The answer to 1 & 2 is most likely Judge George Simpson, a real close friend of Judge John Rochester, who also has a son named Luke who used to stay in trouble with drugs all the time when we were in high school. I guess ole George owed Rochester one since Rochester used to handle his son with kid gloves.
I think the answer to my second question is YES, it probably was done in Clay County which screams to be investigated. It should not have been done in Clay County because of the incestuous nature of the criminal justice system. The judges are friends and have been giving each others kids free rides on drug charges for YEARS. It couldn't have been a fair hearing. Couldn't have been. It should have been moved to a different county or a Judge from a different county should have been brought in to handle this case.
But, no, the rich and powerful have a different set of rules by which they live. Us poor folks get fu**ed, to put it bluntly. Our daddies aren't judges in a small town. We don't have powerful connections.
I tell you what though....today I am going to ask the Judicial Inquiry Commission to open an investigation into this matter. I am SICK TO DEATH of preferential treatment being given to those who have money and power. FORGET THAT! If Judge Rochester can sentence poor folks to prison for committing lesser crimes than his boy then, by god, his boy can do some hard time. This was John Alexander Rochester's second offense involving drugs. He should be in jail like everyone else.
Oh yeah, I heard Senator Jabo Wagoner's son was involved in a drunk driving accident a short time ago in Walker County and the driver of the other car was injured. But, not one mention of it in any newspaper in the state. The media ought to be very ashamed. I'd also like to note that there has been NO media coverage of the Rochester case. I found one mention on a web radio site in Anniston but the Anniston Star has not had any story on this case. I find that repulsive.
Then there was Senator Richard Shelby's son who was busted at the Atlanta Intl' Airport in 1998 for smuggling 13.8 grams of hash into the country from England. Customs found it and fined him $500. Had it been you or me we would have been charged with international drug smuggling and we'd still be in prison.
US Congressman Spencer Bacchus's son was also involved in something drug related a few years ago. He got special treatment.
There are many other cases like this involving rich kids whose daddies are senator's, congressmen or judges from Alabama. Today I will update my list of such cases.
There are 30,000 people in the Alabama prison system. The majority of them were sent there originally for drugs or alcohol. 500 a year were sentenced to prison for marijuana before drug court started in Alabama. But, prison is apparently only for poor people.
I am out to change that, starting now. I will ask that this case be investigated by the Judicial Inquiry Commission and I will begin writing letters to editors across the state in hopes that the media will also begin an investigation. The public pays the salary of these judges, who in turn send kids of the poor members of the public to prison....but let their own kids go free. We have a right to know exactly what went on in this case, who the judge was that set such a low bond, how come it was set so low, if it was done in Clay County and what we can expect to happen to John Alexander Rochester when he is released from rehab in Mississippi.
To Judge Rochester....I will be watching you very closely. Believe that! I am going to be a shrill about this case until I get some answers. How do you sleep at night when you have sentenced so many people to prison for very minor drug infractions yet your drug pushing son is pretty much free at a nice rehab center in Mississippi? This won't stand Judge. When you run for office again I will be the first one to point out what you did for your own son and what you have done to other people's sons and daughters for far lesser infractions. I hope the Judicial Inquiry Commission investigates you and takes action against you. I'd like to see you removed from the bench.
UPDATE: A friend of mine sent me all six case action summaries on this case. John Alexander Rochester was charged with possession of Methyl Amphetamine
and the bond was $20,000, possession of drug paraphernalia bond was $5,000, distribution of a controlled substance bond was $15,000, possession of a controlled substance bond was $15,000, 1st degree possession of marijuana bond was $10,000, trafficking cocaine bond set at $20,000.
Those bonds are so low for those charges it is beyond the pale. And just as I suspected Judge George C. Simpson was the judge in this case. I hope the commenter from one of the earlier posts will let us know which two charges bonds were not paid on when John Alexander Rochester was released to the custody of his mother.
My friend who sent the case action summaries also noted the following..
It appears two are Class B Felonies with a minimum of three years incarceration and the rest are possession cases. Now the mandatory three years for trafficking can be either reduced or it can be split so that the person does not have to actually serve the time.
Now, I grew up in Ashland and I know exactly where he was arrested. The park is within a stones throw of public housing and maybe a mile from both the schools. Will there be enhancements added to his sentence like everyone else's? I see no mention of enhancements in the case action summaries.
Does anyone know where he is now? Is he still in treatment in Mississippi? Is he out? When will the grand jury convene and decide whether or not to indict him?
del.icio.us
Google
Yahoo
I predicted, however, that his son, John Alexander Rochester, would be whisked away to treatment under the cover of darkness and we'd never hear about this case again.
And I was right. On March 21, of this year John Alexander Rochester was bonded out of the Clay County jail by his mother, Linda Rochester and secreted away to a treatment center in Mississippi.
Here are the comments made on one of the posts
"Okay folks, I want you to know this much. John was signed out of the Clay county jail by someone who appeared to be his mother.
The bond amounts were VERY SMALL concerning the charges. For the Distribution of Cocaine and Meth, he had $20,000 bonds- POSTED by one person. Not the way it usually goes. When a bond is posted, it is supposed to have TWO signers, and the property must be worth double what the bond is, liens are counted, and you can only have four bonds signed out at one time. There were at least five charges to my recollection.
People with the same charges have had much larger bonds. Someone accused of not registering as a sex offender got a bond that size.
I am having to go anonymous here because if it is known that I leaked this out, I might make someone angry at me and loose my job.
Don't take my word for it. Demand the public record. You will see it's true.
A few days ago, I heard him order a bonding company loose their license, because they did not come to court, and were not present for what is called a forfeiture case.
I heard later that the company's notice was sent out with only 2 business days notice, and that they sent it to the wrong address.
The law is very clear, a bonding company has 30 days to pay a forfeiture. I was very shocked. They just put someone out of business because of their own screw up, and we wonder why businesses won't come here.
I happen to like that bonding company. They didn't rip people off and only charged ten percent. They came every time they had been called, and were very professionial. I talked to the owner, who told me he had been a bail bondsman for 7 years that he was still searching vigorously for the defendant who failed to appear, and he was very distraught over the situation because his court date for the final forfeiture was set way too early.
It's a shame, I also heard that Judge Rochester had never done that before, and had given Grover Poole bonding over a year to pay a bond, and never revoked them.
Special treatment? Favoritism? You decide."
And another...
John was released on March 21, 2008 on at least 6 different charges. The person who claimed not to be trying to get him out is obviously a liar themselves.
Linda Rochester posted property bonds with her name only on each one as the property holder.
For your information, the Sherrif can allow someone to do that if they so desire. Of course, if you are poor, and have no friends in high places, the jail will require the two property owners. Only the Sherrif or Judge can over rule that.
Either way, I heard that this young man was caught with meth, pot, pills, cocaine, and drug paraphernalia. Serious charges, yes, but he doesn't need help. It sounds like he needs a legal job.
He was a dealer not a user. So what's to help him?
Why would anyone not want him to go to jail for what he was doing? Selling drugs is a crime. The law is the law. Uphold it, or fight for change if you disagree, but in the meantime, you must obey the law. No one is above it.
Another Anonymous
So, on March 21 John Alexander Rochester was released on property bonds totaling $20,000. Usually bonds for narcotics trafficking reach into the hundreds of thousands and sometimes even millions. Only one person, his mother, signed the property bonds and that is not the way it is usually done.
Here is what I want to know.
Who set the bond?
What judge heard the bond case?
Was this done in Clay County?
I'll take a stab at my own questions. The answer to 1 & 2 is most likely Judge George Simpson, a real close friend of Judge John Rochester, who also has a son named Luke who used to stay in trouble with drugs all the time when we were in high school. I guess ole George owed Rochester one since Rochester used to handle his son with kid gloves.
I think the answer to my second question is YES, it probably was done in Clay County which screams to be investigated. It should not have been done in Clay County because of the incestuous nature of the criminal justice system. The judges are friends and have been giving each others kids free rides on drug charges for YEARS. It couldn't have been a fair hearing. Couldn't have been. It should have been moved to a different county or a Judge from a different county should have been brought in to handle this case.
But, no, the rich and powerful have a different set of rules by which they live. Us poor folks get fu**ed, to put it bluntly. Our daddies aren't judges in a small town. We don't have powerful connections.
I tell you what though....today I am going to ask the Judicial Inquiry Commission to open an investigation into this matter. I am SICK TO DEATH of preferential treatment being given to those who have money and power. FORGET THAT! If Judge Rochester can sentence poor folks to prison for committing lesser crimes than his boy then, by god, his boy can do some hard time. This was John Alexander Rochester's second offense involving drugs. He should be in jail like everyone else.
Oh yeah, I heard Senator Jabo Wagoner's son was involved in a drunk driving accident a short time ago in Walker County and the driver of the other car was injured. But, not one mention of it in any newspaper in the state. The media ought to be very ashamed. I'd also like to note that there has been NO media coverage of the Rochester case. I found one mention on a web radio site in Anniston but the Anniston Star has not had any story on this case. I find that repulsive.
Then there was Senator Richard Shelby's son who was busted at the Atlanta Intl' Airport in 1998 for smuggling 13.8 grams of hash into the country from England. Customs found it and fined him $500. Had it been you or me we would have been charged with international drug smuggling and we'd still be in prison.
US Congressman Spencer Bacchus's son was also involved in something drug related a few years ago. He got special treatment.
There are many other cases like this involving rich kids whose daddies are senator's, congressmen or judges from Alabama. Today I will update my list of such cases.
There are 30,000 people in the Alabama prison system. The majority of them were sent there originally for drugs or alcohol. 500 a year were sentenced to prison for marijuana before drug court started in Alabama. But, prison is apparently only for poor people.
I am out to change that, starting now. I will ask that this case be investigated by the Judicial Inquiry Commission and I will begin writing letters to editors across the state in hopes that the media will also begin an investigation. The public pays the salary of these judges, who in turn send kids of the poor members of the public to prison....but let their own kids go free. We have a right to know exactly what went on in this case, who the judge was that set such a low bond, how come it was set so low, if it was done in Clay County and what we can expect to happen to John Alexander Rochester when he is released from rehab in Mississippi.
To Judge Rochester....I will be watching you very closely. Believe that! I am going to be a shrill about this case until I get some answers. How do you sleep at night when you have sentenced so many people to prison for very minor drug infractions yet your drug pushing son is pretty much free at a nice rehab center in Mississippi? This won't stand Judge. When you run for office again I will be the first one to point out what you did for your own son and what you have done to other people's sons and daughters for far lesser infractions. I hope the Judicial Inquiry Commission investigates you and takes action against you. I'd like to see you removed from the bench.
UPDATE: A friend of mine sent me all six case action summaries on this case. John Alexander Rochester was charged with possession of Methyl Amphetamine
and the bond was $20,000, possession of drug paraphernalia bond was $5,000, distribution of a controlled substance bond was $15,000, possession of a controlled substance bond was $15,000, 1st degree possession of marijuana bond was $10,000, trafficking cocaine bond set at $20,000.
Those bonds are so low for those charges it is beyond the pale. And just as I suspected Judge George C. Simpson was the judge in this case. I hope the commenter from one of the earlier posts will let us know which two charges bonds were not paid on when John Alexander Rochester was released to the custody of his mother.
My friend who sent the case action summaries also noted the following..
It appears two are Class B Felonies with a minimum of three years incarceration and the rest are possession cases. Now the mandatory three years for trafficking can be either reduced or it can be split so that the person does not have to actually serve the time.
Now, I grew up in Ashland and I know exactly where he was arrested. The park is within a stones throw of public housing and maybe a mile from both the schools. Will there be enhancements added to his sentence like everyone else's? I see no mention of enhancements in the case action summaries.
Does anyone know where he is now? Is he still in treatment in Mississippi? Is he out? When will the grand jury convene and decide whether or not to indict him?
del.icio.us
Yahoo
Subscribe to:
Posts (Atom)
