Former KCSO deputy continues testimony in retrial
Feb. 21—A former Kern County Sheriff's deputy who killed two prostitutes continued testifying Tuesday in his retrial about abuse he suffered as a child as a prosecutor tried to minimize its effects on his life.
David Keith Rogers has been convicted of killing Janine Marie Benintende, 20, in 1986 and pregnant Tracie Clark, 15, in 1987. He has been sentenced to be executed.
But a key witness reneged on what she had said in court about Rogers sexually assaulting her, testimony that was used by a Kern County Superior Court Judge to sentence Rogers to death. The California Supreme Court ordered the death penalty vacated and so jurors in the retrial will only consider whether to sentence Rogers to death or life without parole. His convictions stand.
Direct examination of Rogers was concluded by Chief Assistant Public Defender Tanya Richard, who elicited testimony about abuse Rogers faced as a child. The defendant testified about how his father used to hit him with a belt, once dressed him in women's clothing before throwing him out into the yard and threatened to toss him into the river for wetting the bed.
Chief Deputy District Attorney Eric Smith established physical abuse by Rogers' father happened over the course of one year, every two to three weeks, out of Rogers' entire life. Rogers also testified that getting dressed as a woman and being pushed out into the front yard happened a single time.
Smith revisited Rogers' earlier brushes with law enforcement when he was sent to therapy for about one year for stealing women's underwear off clothing lines while delivering papers. Rogers, who was 13 at the time, testified he stole women's panties about five to six times for sexual gratification and would wear them.
More context about Kern County Sheriff's Donny Youngblood and another deputies' testimony was also established in court. Youngblood and then-Sheriff's Deputy Michael Duffy testified about how Rogers' had pictures of naked women and some close-up pictures of women's pubic areas.
Rogers also testified he purchased a couple of rolls of film from a photographer who had shot pictures of a woman who wanted to become a model. These were the pictures, Rogers testified, he showed Duffy. KCSO also had an album of prostitutes' pictures to identify them if sex workers committed crimes, and that's also why he had pictures of prostitutes, he added.
Smith also questioned Rogers about breaking the law enforcement code of ethics, and asked him when he first breached his duty. Rogers said it happened first when he stole a gun, but that he didn't injure anyone while on parole.
Testimony is scheduled to continue Wednesday.
You can reach Ishani Desai at 661-395-7417. You can also follow her at @_ishanidesai on Twitter.
