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Thread: David Keith Rogers - California

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    David Keith Rogers - California

    D85400.jpg
    Rogers in 2007

    D85400 (2).jpg
    Rogers


    Facts of the Crime:

    In her more carefree days, Janine M. Benintende loved horses. Throughout much of her youth in Rhode Island and Los Angeles, she competed in western- and English-style riding competitions with her own horse, Cloudy Day. In her late teens, Benintende reportedly got into drugs. On February 21, 1986, she was working as a prostitute in Bakersfield when she was murdered by David Keith Rogers, a Kern County sheriff's deputy. She was 21. The beginning of life for Rogers' second victim, 15-year-old prostitute Tracie Joanna Clark, was nearly as difficult as its ending. Her mother had a severe heroin habit, so Tracie had to be hospitalized for several days following her birth in Seattle. Described as a "nice girl, very pleasant," much of Tracie's life turned out to be anything but pleasant. A coroner's investigation determined she was pregnant when she was murdered on February 8, 1987.

    Rogers was sentenced to death in Kern County on May 2, 1988.

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    November 13, 2009

    Former deputy who murdered prostitutes to get new hearing, death penalty may be thrown out

    A former Kern County sheriff's deputy on death row for killing two prostitutes will come back to Bakersfield for a hearing that could lead to his death penalty being reduced to life without parole.

    The hearing centers on the trial of David Keith Rogers who was convicted of murdering two prostitutes in 1986 and 1987. The second killing was of a 15-year-old girl who was pregnant.

    The California Supreme Court ordered the hearing for Rogers, now 62, in July.

    The hearing is November 20 and will determine when the parties may be ready to conduct the evidentiary hearing.

    At issue is whether a third prostitute, who testified in the penalty phase of Rogers trail, was telling the truth when she said Rogers attacked her in 1986, according to H.A. Kutchins, a Berkeley attorney representing Rogers on appeal.

    The California Supreme Court determined it was important to examine her role in Rogers case because it was later learned that another person might have been responsible for attacking her, Kutchins said.

    The questions are about her credibility, whether law enforcement knew another person may have attacked her and whether the defense attorney could have done a better job in challenging her testimony.

    The issue is critical because the trial judge, the late Gerald K. Davis, found her testimony compelling in his decision to uphold the jury's recommendation of death for Rogers.

    Rogers was convicted of the shooting deaths of Janine Marie Benintende, 20, in 1986, and Tracie Clark, 15, a year later.

    A crime lab expert discovered that both women were killed by bullets issued to sheriff's deputies.

    Rogers was fired in 1983 for abusing a prostitute, but that case against him was dropped when she disappeared.

    The prostitute who testified in the penalty phase of his trial described an attack that was similar to the way another man was assaulting prostitutes in 1986. That man, Michael Ratzlaff, was convicted of a similar attack, Kutchins said.

    Kutchins said he talked to Rogers a couple months ago. He said Rogers has been on death row in San Quentin for 20 years and that has been "a grinding and debilitating experience" for him.

    http://www.bakersfield.com/news/loca...-be-thrown-out

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    Administrator Heidi's Avatar
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    Arguments begin in hearing for former deputy who murdered prostitutes

    Attorneys argued Wednesday as to whether a witness who testified at convicted murderer and former Kern County sheriff's Deputy David Keith Rogers' 1988 trial told the truth when she told jurors Rogers had attacked her two years earlier.

    The hearing, which continues Thursday at Kern County Superior Court, could lead to Rogers' death penalty being reduced to life without parole. Rogers was not present during Wednesday's proceedings before retired Judge Louis P. Etcheverry.

    Rogers was a deputy when he shot and killed two prostitutes, Janine Marie Benintende, 20, and Tracie Clark, 15, in separate slayings by the same canal near Arvin on Feb. 21, 1986, and Feb. 8, 1987. Convicted of the murders in 1988, he has spent the intervening years on death row.

    But the California Supreme Court in 2009 determined the testimony of a prostitute who spoke during the penalty phase of Rogers' trial has to be examined because it's possible another person was responsible for attacking her. The issue is critical because the trial judge, the late Gerald K. Davis, found her testimony compelling in deciding to uphold the jury's recommendation of death.

    A.J. Kutchins, a Berkeley attorney representing Rogers on appeal, said Wednesday the witness later recanted her testimony and has said she's long wondered if she identified the wrong man as her attacker. Her description of the man who assaulted her didn't match Rogers.

    For example, the witness described the man who raped her as having a "big, hairy chest," large hands, a bushy mustache and a line of moles above his buttocks, Kutchins said. Rogers at the time had a slim build with little to no chest hair, small hands, was clean shaven and there were no moles above his buttocks.

    Also, Rogers had a tattoo on his arm that Kutchins said no one could miss if he was shirtless.

    "By every objective measure she had the wrong guy," Kutchins said.

    The attorney said the witness had a strong motive for testifying for the prosecution during the penalty phase as she was on probation and had been arrested and charged with drug crimes that could have resulted in up to five years in prison. Instead, she was sentenced to a year in jail and got out three months early.

    Kutchins said the woman has said Kern County District Attorney's office Investigator Tam Hodgson, now retired, had told her her file would "drop behind a cabinet."

    "And that's what happened," Kutchins said. "Her case disappeared."

    The attorney said Michael Ratzlaff, convicted of a similar attack in the 1980s, closely matched the description of the man who attacked the witness. Ratzlaff carried out assaults similar to what the witness described, he said.

    Prosecutor Melissa Allen, however, said Ratzlaff doesn't match the height description the witness gave of her attacker, and that's something she's never wavered on. Allen said it's unlikely the woman would have noticed Rogers' tattoo as she was being raped at night in the dark.

    Allen said both Rogers and Ratzlaff chose prostitutes as victims, but there's a noteable difference in their assaults: Rogers killed or tried to kill his victims, while Ratzlaff -- though more brutal and sadistic -- left his alive. She said Rogers shot at the witness but missed, and the woman managed to escape.

    "She was truthful at trial (in identifying Rogers)," Allen said.

    http://www.bakersfieldcalifornian.co...ed-prostitutes

    Rogers' habeas case can be followed here.
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    Administrator Moh's Avatar
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    Rogers' habeas case has been fully briefed before the California Supreme Court since September 29, 2017.

    http://appellatecases.courtinfo.ca.g...xSMCAgCg%3D%3D

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    Administrator Moh's Avatar
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    On May 7, 2019, oral argument will be heard in Rogers' habeas appeal before the California Supreme Court.

    https://www.courts.ca.gov/documents/...rs/SMAY719.PDF

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    Administrator Moh's Avatar
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    In today's opinions, the California Supreme Court VACATED Rogers' death sentence.

    https://www.courts.ca.gov/opinions/d...ts/S084292.PDF

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    Administrator Helen's Avatar
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    Prosecutors to again seek death for ex-deputy convicted of killing 2

    By Jason Kotowski
    KGET News

    BAKERSFIELD, Calif. (KGET) — The Kern County District Attorney’s office will retry the penalty phase of David Keith Rogers’ murder trial after the state Supreme Court overturned the former deputy’s death sentence two years ago.

    Prosecutor Eric Smith said in court Wednesday he’s prepared to go forward with retrying the penalty phase and Judge John W. Lua confirmed the retrial for June 7 but noted a courtroom may not become available until August.

    California Supreme Court justices let Rogers’ 1988 murder convictions stand, meaning he would serve life without parole if prosecutors are unsuccessful in securing the death penalty a second time.

    Rogers, now 74, was transported but did not appear in court because he was taken to Kern Medical for a reason Lua did not disclose. The judge said Rogers is expected to appear at future hearings.

    He was convicted of two counts of murder in the deaths of Janine Benintende, 20, and Tracie Clark, 15. Benintende was killed in early 1986 and Clark a year later.

    Rogers was sentenced to death and has been spent the intervening years housed at San Quentin State Prison.

    In 2019, the California Supreme Court overturned Rogers’ death penalty after determining a prosecution witness falsely testified he had sexually assaulted her. The prosecution used the woman’s testimony during its closing argument in the penalty phase.

    Both Benintende and Clark worked as prostitutes at the time of their deaths. Their bodies were found in the Arvin-Edison Canal, and both had been shot multiple times with bullets from a .38-caliber gun.

    The bullets, tire tracks, shoe prints, and eyewitness testimony led to Rogers being identified as a suspect, and he admitted to killing Clark but denied involvement in Benintende’s death when confronted by detectives. His defense at trial argued he was mentally disturbed as a result of physical and sexual abuse he suffered as a child.

    https://www.kget.com/news/crime-watc...-of-killing-2/
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  8. #8
    Moderator Bobsicles's Avatar
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    How ironic since they played the Forensic Files episode on him last night
    Thank you for the adventure - Axol

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  9. #9
    Senior Member CnCP Legend Neil's Avatar
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    I wonder how many killers that were featured on Forensic Files have been juiced? Oba Chandler comes to mind from Florida. Forensic Files was one of my favorites growing up with my dad. While I was putting Long and Bramblett on this comment you already replied to my comment Bob. Your very fast Bob
    Last edited by Neil; 04-21-2021 at 09:06 PM.

  10. #10
    Moderator Bobsicles's Avatar
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    Several. Jason Massey, Bobby Long, Earl Bramblett, Daniel Corwin etc
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

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