Death penalty retrial postponed Monday for ex-KCSO deputy who killed 2 prostitutes, including teen

Aug. 7—The death penalty phase retrial of a former Kern County Sheriff's deputy who killed two prostitutes, including a pregnant teenager, in the 1980s was postponed Monday for months.

David Keith Rogers, 76, was convicted of first-degree and second-degree murder in the deaths of Tracie Clark, 15 and Janine Benintende, 21, respectively. The California Supreme Court tossed out his death sentence, decided by a late Kern County Superior Court judge, after a key witness reneged on her testimony.

Rogers' case was remanded to Kern County, where attorneys argued earlier this year if he should be sentenced to die or spend his life in prison. A jury couldn't decide if Rogers should die, and Kern County District Attorney Cynthia Zimmer announced her office elected to retry Rogers.

Zimmer, who tried the case with Chief Trial Deputy Eric Smith, argued at trial Rogers used his law enforcement training to kill two young victims. Chief Assistant Public Defender Tanya Richard argued Rogers suffered difficult circumstances in his childhood that affected his mental health. He's a changed man who's apologized and expressed remorse for his behavior, Richard said.

Judge John W. Lua postponed the case until Oct. 9 because Richard cannot represent Rogers — she was recently appointed by Gov. Gavin Newsom to serve as a judge in Superior Court. Richard said Monday she and Kern County Public Defender Peter Kang are discussing who is best to take over Rogers' case.

Lua noted this case has a "voluminous" amount of evidence and took both sides a lengthy time to prepare for trial. More than 200 exhibits were presented at trial, according to previous reporting, which Lua said only adds to the existing record.

The judge set a status conference on Oct. 9 for the newly appointed attorney to convey how long it will take to prepare for the retrial. A trial date could be set at that hearing.