What...You Didn't Get the Memo?

My sister-in-laws jury trial was slated for today so I made the customary trip up to Ashland this morning to be with her in court. Turns out she won't come up for trial until tomorrow due to there being about 10 cases for jury trial this go round.

A cautionary word to any of my readers, who, god forbid, might ever get in trouble in Clay County, Alabama. GET A LAWYER FROM ANYWHERE BUT CLAY COUNTY! Even some kid fresh out of law school would be better than anything you might possibly hope to find in Ashland or Lineville Alabama. It's a great place. A beautiful place. It's my home....but without a doubt it has the worst judicial system and lawyers probably anywhere on earth. Your chances of getting a fair trial and competent legal representation would be much better in say....Saudi Arabia or China.

Case and point.

In 2006 the Alabama Legislature in conjunction with the Alabama Sentencing Commission, and the Alabama Department of Corrections implemented these things called Voluntary Sentencing Guidelines in an effort to ease prison overcrowding and make sentences for the same crimes more uniform across the state. The bill which made this law is SB231 and was sponsored by Senator Roger Smitherman. And, yes, they are voluntary but judges and prosecutors are strongly encouraged to implement them and the majority do. When judges depart from the guidelines they are asked to provide an explanation in writing to the Alabama Sentencing Commission.

One of the main things these guidelines did was change the marijuana sentencing laws. Before it passed this is how things worked in Alabama. If you were arrested with a little pot for personal use the first time it was a misdemeanor. If you were ever arrested again...even for a seed or a roach it was an automatic felony punishable by up to ten years in prison. Now a person has to be arrested four times for marijuana possession and accumulate points against them (just like with drivers license) before jail is even considered.

So, when this passed in 2006 you can bet every lawyer in the state as well as the judges got the memo. Except, of course, my sister-in-laws attorney, one John Keith Warren of Ashland, AL.

I asked my brother a couple of weeks ago to call the lawyer and ask why my SIL was being charged with first degree marijuana possession when this was only her second time being charged with possession and she only had four grams. I wrote down the Senate bill number and printed out some news articles about the sentencing guidelines as well as some things from the Alabama Sentencing Commission for him to show the lawyer. When I picked my brother up this morning I asked him what the lawyer said about the guidelines and he said....get this, make sure you're sitting down....

The million watt light bulb of a lawyer told my brother, "Those guidelines don't apply in Alabama."

What a complete fucking ignoramus, douche bag. I've got dog turds in my yard that are brighter than this guy and could defend my sister-in-law better. If the Alabama sentencing guidelines don't apply IN ALABAMA just where exactly the fuck do they apply? Mississippi? Hong Kong maybe?

These are the ALABAMA Sentencing Guidelines, after all. Passed by the Alabama Legislature, signed by Alabama Governor Bob Riley, supported by the Alabama Sentencing commission and the Alabama Bar Association and implemented voluntarily by the majority of Alabama Judges. But according to lawyer douche bag they don't apply in Alabama.

I didn't get a chance to talk to 'His Brilliance' today. I'm sure it would have been about as effective as trying to talk some sense into a bull elephant seal. However, since this was in Clay County I did get to have a couple of staring matches with Judge John Rochester and District Attorney Freddy Thompson. I won both, which is kind of surprising, since I haven't had to stare anyone down since the fourth grade. I thought I was rusty. Guess not.

Tune in tomorrow for round two. Hopefully I will come home and report that I have a new bull elephant seal skin coat.

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 from the Alabama Court Watch Blog....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....else he will leave the bench with some nasty black smudges on his record.

Be sure to read the comments on yesterday's post. The last 5 are really good.

The Rochester Peanut Gallery

Sometimes I get comments that are so retarded on this blog that they deserve a whole post of their very own. Such is the case with the most recent comment left by a supporter of John Alexander Rochester and his daddy, Judge John E. Rochester. Their comments are in bold/italics and mine follow.

I'm sure that the fact that he has stepped down probably won't stop you from saying that whatever the verdict is unfair.

You're probably right on that front. There are only about 53 judges in Alabama for 67counties. It's a small circle of folks who are as tightly knit as the boys in blue. I may be able to change the players in this case but probably not the outcome. But that will only add more credence to the claim that the judicial system in Alabama is anything but fair if you are just a regular person whose daddy isn't a judge. Not that too many folks have doubts about it. I don't know Rumsey, the former D.A. of Talladega Co. who will be prosecuting the case, so I don't know what to expect from him. Hopefully, he will surprise me and treat John Alexander Rochester like any other alleged drug trafficker by asking for the maximum sentence with enhancements....but I won't hold my breath.

It appears that you are out to get this young man because of his dad. The only reason we are discussing this is because of who his father is.

I've stated over and over again that I don't think anyone should go to jail or prison for any non-violent drug offense. That includes John Alexander Rochester. I've made a career out of reforming the drug laws in this fucked up, ass backwards state. But, if everyone else has to go to jail/prison under the current law then, by God, John Alexander Rochester does too. He doesn't get a free pass because of who his daddy is. My tax dollars help pay for the criminal justice system, the judges salaries and everything to do with the court system. I pay for it to be fair and work the same regardless of who ones parents happen to be. Further, if Judge John E. Rochester, Judge George Simpson and D.A. Freddy Thompson had OBEYED the law, (yeah those same laws they demand others obey) and let this thing run its course without trying to rig it in favor of John Alexander Rochester then I would never have become involved in the first place. The blame lies squarely at the feet of John Alexander Rochester for allegedly trafficking drugs at the city park and the two judges and the DA for thinking regular citizen's are too stupid to figure out that they are being screwed.

You say that you want things equal, but it's you Mrs. Nall that have chosen to discuss this so public. You are a public figure and you are choosing to talk about one that's not. You've turned him into one because of his father, but not because he is a public figure and you are calling him out.

Every private citizen in Clay County and every other county in Alabama who is accused of the same things that JAR stands accused of immediately becomes a public citizen becase their names and the lurid details of their alleged crimes are printed in the newspapers. It is a matter of public record. The local fishwrapper of a newspaper decided (for obvious political reasons) to only run the police blotter on this story and not an actual informative piece like they would have for anyone else who is not the judges son. Like they did for the little hispanic guy who got drugs from the post office and the guy who was taking a whiz in the woods that the cops busted for possession of meth. If the newspaper won't report in a fair and unbiased way then the only ones left to do it are people like me. Private citizens with a very public persona.

He was a regular private citizen and you've turned him a public figure- someone to taunt and tear apart every small thing. I've seen you do it time and time again.

When John Alexander Rochester chose to do what he allegedly did in the park he gave up his right to privacy. I didn't make him sell drugs. Had nothing to do with him selling drugs. He made that decision all on his own. Now he has to suffer the consequences of a very bad decision. No one is to blame but him. Additionally, I have not pegged him as someone to taunt and tear down. I have never met him and know nothing about him other than what I have reported in this case. I've simply reported the story and the underlying unfairness of the judicial system for folks who don't have an immediate family member on the bench. You're not mad at me because I am reporting this story you are mad because you and others got caught doing things you should not have been doing. Plain and simple you are pissed because you got BUSTED.

I agreed with the Troy King thing, but this is ridiculous. Poor guy. And you want drugs legalized, but you don't want innocent until proven guilty. SHAME ON YOU!!

Very few people disagreed with me on the Troy King thing. That you were one of the ones that agreed says you have some sense. Why can't you see and admit that what is happening in the JAR case is plain wrong?

Yes. I want drugs legalized. All drugs. Legalized. Who says I don't want innocent until proven guilty? I haven't said he is guilty. I have simply reported what is in the police reports and the case action summaries. That is neither a testament to his guilt nor his innocence. Just the facts as they have come to me from the courts. Additionally, and I know you already know this, the innocent until proven guilty bit is total bullshit. It is the exact opposite in our system despite what we are raised to believe. When you are arrested and dragged into court you are GUILTY until proven INNOCENT. Ask anyone who has ever been arrested and tried in court if they were treated like they were innocent until proven guilty. I can nearly bout guarantee you won't find anyone who will tell you that is the case.

YOU'RE NOT WELCOME IN CLAY COUNTY!

Oh, really? Do you own Clay County now? No. In fact, I think I will come to Clay County today just to piss you off. I don't need to have your welcome or blessing. What will you do if I come to Clay County and you find out about it? Nothing except maybe run your ignorant mouth. But,let's put that theory to the test. You give me your phone number and I will call you personally when I make my next trip to Clay County (I'm there fairly often). I'll tell you what road I will be coming in on and give you my itenirary while I am there. Hell, I'll even buy you a cup of coffee at Maggie's on the square if you possess the testicular fortitude to show up. I'm putting my money on "Won't show up" though.

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.


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