Drug Sentence of Clay County Judges Son Called Into Question

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, the younger Rochester declined to comment. Attempts to reach Judge Rochester were unsuccessful.

Contact Staff writer Whit McGee 256-235-3561
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Many 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.

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.

Digg this
REDDIT

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 contain much but you can see a picture of him there.

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

John Alexander Rochester Case Update

The Clay Times Journal has the list of the most recent grand jury indictments printed in today's paper. And take a wild guess whose name isn't among the indicted?
John Alexander Rochester.

The following indictments were issued during the last session of the Clay County Grand Jury. Please bear in mind all subjects are considered innocent until proven guilty by trial or until they enter a guilty plea or enter into a plea bargain with the court system.

Indictments are listed with person's name, followed by charges on which he/she is indicted.

John Kyle Taft, unlawful manufacture of a controlled substance; possession, selling, procuring controlled substances; possession of a controlled substance; possession of drug paraphernalia, attempting to elude police;

Michael Edwin Bassett, possession of a controlled substance, driving under the influence;

Kimberly Gaither, Bennett, improper lane usage; driving under the influence (any); possession of a controlled substance;
Beniah Bradford, possession of a controlled substance;

Jeremy Earl Thomas Brown, possession of a forged instrument, fraudulent use of credit, possession of a forged instrument;

Laura Lee Champion, unlawful manufacture of a controlled substance, trafficking methamphetamine; (This lady was arrested near the same time that John Alexander Rochester was and her bond was $50,000. Rochester's was $20,000 for the same charge)

Jeremy Wayne Duke, possession of a forged instrument (four counts);

Albert Marion Edmonson, failure to register as sex offender;

Thomas Jeremiah Gillum, use and possession of drug paraphernalia, possession of marijuana 1st, speeding;

Obrier Edwards Hall, possession of a controlled substance, driving while license revoked;

Jamie Suzanne Isabell, alcohol possession in vehicle, use and possession of drug paraphernalia, possession of marijuana 2nd, possession of a controlled substance;

Tammy Terrell Jones, possession of a controlled substance (two counts), attempting to elude police, speeding and reckless driving;

James Michael Mitchell, felony DUI (two counts), driving while license revoked (two counts), driving on wrong side of road;

Gregory Wayne Moncus, trafficking methamphetamine.

Matthew Brian Morgan, alcohol possession in vehicle;

Matthew Brian Smith, possession of a controlled substance;

Michael Heath Conway Pate, unlawful manufacture of a controlled substance, trafficking methamphetamine;

Henry Matthew Phillips, unlawful manufacture of a controlled substance, trafficking methamphetamine;

Ronald Charles Ran, use/possession of a controlled substance, possession of a controlled substance;

Clifton Eugene Shaddix, unlawful manufacture of a controlled substance, trafficking methamphetamine;

Phillip Smith, failure to register as a sex offender;

Robert Smith, distribution and sale of drugs, possession of marijuana 2nd;

Benjamin Lamar Street, public intoxication, possession of a controlled substance;

Willie Joe Simmons, sexual abuse 1st (two counts); sodomy 1st degree;

Jeremy William Alford, use/possession of a controlled substance, possession and receiving a controlled substance;

Scott Grady Pulliam, theft of property 2nd, burglary 3rd degree;

Tristan McClennon Trimm, theft of property 1st (two counts);

Johnny Wade Stevens, breaking and entering a vehicle, theft of property 2nd (three counts on each of these charges), obstructing justice;

Russell Davis, burglary 3rd degree and theft of property 1st.

Cases brought by Lineville Police Department were published separately in an earlier edition.