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Feds charges against Rood likely to stick

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Jazzmyn Rood (Police photos)
Mark Ross

The state's charges against a Rochester mom charged in the overdose death of her daughter included two felonies which could have landed her in prison for up to 14 years, so why did the feds take over the case when their penalty includes only a maximum three-year sentence?

The answer is pretty clear. The feds have a better chance of winning their case and getting longer jail times to boot.

Jazzmyn Rood, 41, Mark Ross, 41, her boyfriend, both of Rochester; and Leslie Aberle of Salisbury, Mass., all face an April trial in federal court in Concord in the death of Rood's daughter, 17-year-old Eve Tarmey, who died of fentanyl poisoning inside the Riviera Motel in October.

The state's charges against Rood may have included longer potential jail time, but as shown in her probable cause hearing in November the state's charges of reckless conduct and conspiracy to possess a controlled substance might have been hard to prove.

That would've left the state only with a misdemeanor child endangerment charge that would've most certainly been easily proved but only carries a maximum 12-month jail sentence.

The weakness in the state's case became apparent during Rood's probable cause hearing when Public Defender Sarah Landres argued there was no evidence to support charges of conspiracy to possess a controlled drug, because Rood did not travel to Massachusetts with Ross, Aberle and Tarmey to get the heroin and did not help pay for the heroin.

Leslie Aberle

Landres also threw water on the reckless conduct charge saying, "Leaving the room is not reckless behavior."

According to police affidavits, Ross told Rood to go to the bathroom and fix her hair while he gave Tarmey the fatal dose of fentanyl-laced heroin to snort.

Instead, Landres argued, Ross and Aberle giving Tarmey the drugs, and Tarmey taking them is what caused the Spaulding High senior's death.

The merits of the state's case can be argued, of course, but the feds' case against Rood is far more ironclad.

"We talked it over with the Rochester Police Chief and attorneys and decided it would be better in federal court," Donald Feith, assistant U.S. attorney, said on Friday.

In the federal trial, the prosecutorial bar is much lower. The federal charge against Rood is called "misprision of a felony" which is strictly defined as "Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both."

Eve Tarmey

"Misprision of a felony requires us to prove a felony was being committed and she did not report it to authorities and did something to cover up commission of a felony," Feith said. "We're saying she was aware that Ross distributed heroin to her daughter, and when she was spoken to on the morning of her daughter's death lied about what she knew."

While three years may not seem like enough for many who have called her nothing less than a monster, even they will have to admit it's better than just one.

Meanwhile, Ross and Aberle, who faced up to life for dispensing the drug to Tarmey on the state charges, will face much tougher minimum sentences on similar charges in federal court. If found guilty, the minimum sentence is 20 years and could be as long as life behind bars, Feith said.

The trials will run consecutively beginning April 5 and are expected to run three or four days apiece. Ross and Aberle will be tried together, while Rood will be tried separately.

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