Sheila McLaughlin reports:
Update: A federal judge refused Tuesday to let former Butler County Auditor Mary “Kay” Rogers out of prison early.
Rogers, who is serving a two-year sentence for wire and mail fraud, asked Monday to serve the remaining five months of her sentence on home incarceration. Her attorney said Rogers has “suffered tremendously” and needs to support her family.
But U.S. District Judge Sandra Beckwith denied the request Tuesday in a one-page order, saying the request “does not satisfy the terms” that would allow an early release.
Earlier story: Could former Butler County auditor Kay Rogers be home for Christmas?
That’s what she wants.
Rogers, sent to federal prison for two years in a fiber optics scandal that rocked Butler County, has asked U.S. District Judge Sandra Beckwith to release her on home incarceration for the remainder of her sentence, which ends in May 2013.
In a motion filed Monday, Rogers’ attorney Brad Kraemer said Rogers has a $50,000-a-year job waiting for her. An attached letter from Steven Potter, Rogers’ former boss, says Rogers would check tax returns, work on clients’ books and set up accounting systems for clients.
“(Rogers) has six children and has suffered tremendously for her mistakes and has already suffered tremendous losses,” Kraemer wrote. “She is tremendously remorseful for her offenses and would like the opportunity to return to being a productive member of society.”
Rogers pleaded guilty more than three years ago to conspiracy to commit wire and mail fraud and to filing a false income tax return. She was sentenced in July 2011 to Kentucky Federal Woman’s Camp in Lexington, Ky. She’s also been ordered to pay back $4 million that two banks lost in the Dynus scandal.
Rogers was accused of signing several documents on behalf of the county wrongly certifying that Dynus had a multimillion contract for a 100-mile fiber optics network. Her signature allowed Dynus executives to walk off with the money.
The federal probe resulted in the conviction of several Dynus executives. A spin-off investigation involving public corruption sent former Butler County Commissioner Michael A. Fox to federal prison for four years.
While in prison, Rogers has worked as an orderly and for a prison counselor, Kraemer’s motion said. She also was on a cleaning crew that was allowed to work at a building off prison grounds and has co-chaired community relations projects and other events, he said.
No hearing has been set for Rogers’ request.