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Judge clears felony charge in Rogers case

Posted: November 5, 2011 - 7:52pm

Despite receiving a guilty verdict several weeks earlier, Kenai Superior Court judge Anna Moran dropped one count of second-degree sexual abuse of a minor, a class B felony, previously charged against Joe Rogers on Wednesday.

Rogers originally faced four charges of second-degree sexual abuse of a minor — or SAM2. Moran acquitted Rogers of three of those four SAM2 charges at the close of the state’s presented evidence following defense attorney Andy Pevehouse’s motion for judgment of acquittal.

The ruling on the final SAM2 charge has been cleared.

“The jury found Mr. Rogers guilty of the SAM2, but Judge Moran reviewed the testimony of (the victim) and found that she clearly stated she had never engaged in any act constituting ‘sexual contact’ under Alaska law,” Andy Pevehouse, defense attorney, said in an e-mail.

A motion for judgment of acquittal is generally granted if a judge reviews the state’s evidence and finds that no jurors could find guilt beyond a reasonable doubt. The judge is obligated by law to enter a verdict of not guilty, Pevehouse said.

“While some people may find it odd that a judge can overturn a jury verdict, the rule is designed to make sure that convictions are based on the actual evidence, not emotion,” he said in an e-mail.

In early October, Rogers was found guilty of seven of eight counts. They included one count of second-degree sexual abuse of a minor, one count of second-degree attempted sexual abuse of a minor, four counts of first-degree indecent exposure and one count of coercion.

The trial continues, as four counts of indecent viewing of a photo, all class A misdemeanors, are still pending. A motion to dismiss those charges was filed Thursday.

District Attorney Scot Leaders could not be reached for comment Saturday.

Trial is set for the week of Dec. 5 at the Kenai courthouse.

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Norseman
3385
Points
Norseman 11/06/11 - 09:29 am
0
0
Justice in the courts?

This is flat out wrong. The jury found him guilty based on the facts. Now this judge decides on her own to dismiss?

We will remember this when it comes to renew her term as judge. This was wrong, plain wrong.

nkenai
0
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nkenai 11/06/11 - 11:22 am
0
0
Justice in the courts?

Don't expect any more from Anna Moran. Does anyone know the results of the last vote to renew her term as a judge? It wasn't posted in the paper. I called they said they would post it as soon as it was public, still has not been posted. Called courthouse they gave me some run-around about judicial hoopla. Called Juneau never recieved call back. It's now been over a year maybe two still no results. Good Luck finding out about Anna Moran. While your checking, check past record at Kodiak (they really loved her there, I hear parties are still going on since she left). I don't know whether there is anything to this, but I was told to try to find info on traffic accident involving DUI.

savmar01
4
Points
savmar01 11/06/11 - 11:40 am
0
0
WTH?

Big kudos to our local judicial system. Let's let this guy roam free (I don't think he's even in jail yet) and while we're at it, let's dismiss charges that a jury seemed "beyond a reasonable doubt" he was guilty of committing. Better yet, why don't we designate him as a Halloween party coordinator for our community like he did for years at Southcentral Title. What a joke. I'll remember this the next time her renewal comes up.

madak
0
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madak 11/06/11 - 11:56 am
0
0
What a judge!!!!

Mr. Rogers (even tho I shouldn't give him that respect) is a free man walking the streets of our young ones and his charges keep getting dropped. This is a foul case, his girlfriend has a little girl and he's "legally" not supposed to be around her but he is, who's protecting that girl? Not Anna Moran buy letting him do what he wants and by taking charges away that he NEEDS to be charged with. The reason we have repeat offenders is this reason here. He's also trying to get visitation with his children he has a little girl and ax little boy if he's going to abuse a child that he helped raise so to say how do you know he's not going to do this to his own????? Be careful when in the grocerie store or blockbuster getting movies this creep may be right there behind you. I went to court and have been following this case I wish I knew the family that he destroyed I would tell them I'm on their side and I'm right there with them to fight for their justice!

vbblack
0
Points
vbblack 11/06/11 - 07:22 pm
0
0
UNBELIEVABLE!

This Girl gets a life sentence of emotional scars and the Molestor gets a slap on the wrist.
I guess its the golden rule, he who has the gold makes the rules. A sick Travesty of Justice...Shame on you! What does this tell Alaskan kids about their worth.

northernlights
216
Points
northernlights 11/07/11 - 04:03 pm
0
0
Abuse Awareness month

I beleive it was last month that they so called it "abuse awareness month" alot of good to be aware when you can't do a damm thing about it. Its a disgrace what these abusers get away with. the law is on thier side, I am angry about this. This judge does not do justice for the people, get her out!

Allen
632
Points
Allen 11/07/11 - 06:46 pm
0
0
Judge Moran's Vote

Judge Moran's re-election vote is on the Division of Elections website in a big pamphlet. In this pamphlet it says that statewide, the vote was 83,057 yes and 55,278 no for Judge Moran. In House District 33 (Kenai-Soldotna), the vote was 2787 yes, 2833 no. In House District 34 (Nikiski-Ninilchik-Funny River) the vote was 2771 yes, 3386 no. So Judge Moran lost in every local precinct except Soldotna and Mackey Lake.

snowflake
0
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snowflake 11/09/11 - 07:24 pm
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0
Dropped charge

It seems to me like a lot of the people posting have wrongly placed their anger on Judge Anna Moran. Instead of condemning her, we should be thankful she does her job so well! It appears like most think she has dropped ALL charges against Mr. Rogers, when in fact, she has just dropped one false charge that had been levied against him as she is required to do by law! The victim herself admitted under oath that he did not do the act he was accused of, and yet the jury found him guilty anyway! The judge's job is to ensure the accused is tried with actual facts. For instance, if you were accused of robbing a bank, were arrested and went to trial and the bank teller witness said you weren't the one who robbed them, but the jury found you guilty anyway, wouldn't you want a judge like Judge Moran to be sitting on the bench??? I don't believe this country's morality should revert back to the Salem witch trial days when just to be accused of being a witch caused a frenzy that automatically made you guilty. Let's be thankful we have people like Judge Moran willing to serve our justice system and uphold it's rules regardless of the unwarranted negative feedback they have to endure at times. Judges like Anna Moran are a safety check for our judicial system, and we should all be thankful for one like her who believes in upholding the laws as they are written.

nkenai
0
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nkenai 11/09/11 - 11:45 pm
0
0
Dropped charge

snowflake, I thought that was the reason for the appeal system?

charlesnalaska
0
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charlesnalaska 11/10/11 - 10:13 am
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Snowflake, I mean Judge Moran

Judge, get back to work and quit trying to salvage your reputation. Instead of quoting law here you should be applying it in your courtroom.

nkenai
0
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nkenai 12/27/11 - 10:51 am
0
0
Comment

I was notified of a comment by Ulrike94, what happened to it?

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