The Richmond Register

October 25, 2012

Ex-RPD officer gets nine years in child porn case

Richmond


Register staff report

RICHMOND —

James J. Rogers, 37, a former Richmond police officer who was acquitted of witness tampering in a sensational Madison County trial, has been sentenced to nine years in federal prison followed by a lifetime term of supervised release. He also must register as a lifetime sex offender, according to state Attorney General Jack Conway, whose office initially brought charges against Rogers.

He was sentenced by U.S. District Judge Karen Caldwell after pleading guilty to one count of receiving of child pornography.

The child pornography charges, which had been transferred from state court, were filed against Rogers after an investigation by the state attorney general’s Cybercrimes Unit with assistance from Kentucky State Police and the Federal Bureau of Investigations, Conway said.

The case was prosecuted in federal court by the office of Kerry B. Harvey, U.S. Attorney for the Eastern District of Kentucky.

Conway’s Cybercrimes Unit launched an investigation of Rogers on Nov. 19, 2011. Investigators found more than 26,000 child pornographic images on computers removed from Rogers’ Richmond home, the attorney general said.

Rogers was arrested Dec. 7, 2011.

He had been dismissed from the Richmond Police Department in 2010, after being acquitted of witness tampering charges that stemmed from a group-sex encounter involving Rogers, two other RPD officers and a Richmond woman.

Rogers, then a sergeant, and Patrolman Garry Murphy were dismissed by the city commission in June 2010 on administrative charges of “conduct unbecoming an officer” and “conduct impairing the effectiveness of the department.” Rogers had been with the Richmond Police since January 2000.

Another officer, Brian Hensley, allegedly involved in the October 2009 group-sex incident in which the woman suffered bruises and a cut lip, had earlier resigned from the police force.

In March 2010, the three men were acquitted of witness-tampering charges brought by former Madison County Sheriff Nelson O’Donnell after the sheriff said they had persuaded the woman involved in the case to change the story she originally told investigators.

Based on their acquittal, Rogers and Murphy filed suit in Madison Circuit Court seeking re-instatement to the police department, but Judge William G. Clouse rejected their argument in August 2011. Acquittal of criminal charges does not necessarily mean a defendant is innocent, the judge stated in dismissing the case.

Since its creation in June of 2008, Conway said his Cybercrimes Unit has launched nearly 300 child pornography investigations and seized approximately 350,000 child pornographic images and videos from the Internet. The unit is also a member of the Internet Crimes Against Children (ICAC) Task Force.

Additional details about cybersafety in Kentucky is available at ag.ky.gov/cybersafety, Conway said. To report cyber abuse, call the CyberTipline, 1-800-843-5678.