Former sheriff testifies at retrial of KCSO ex-deputy who killed woman, pregnant teen
Jan. 23—Former Kern County Sheriff's deputy Michael Duffy testified he cannot remember exactly what his colleague said to him nearly 40 years ago, but he recalled Monday that David Keith Rogers showed pictures of naked or scantily dressed women while wearing a sheriff's uniform.
Displaying these photos happened two times while on duty, Duffy explained under direct examination Monday as Rogers, 75, dressed in orange jail clothing, looked at him.
Kern County District Attorney Cynthia Zimmer and Chief Trial Deputy Eric Smith began eliciting answers from witnesses Monday during a trial expected to last for weeks to determine if Rogers should be sentenced to death for killing two prostitutes in 1986 and 1987.
Rogers was convicted of murdering Janine Marie Benintende, 20, and pregnant Tracie Clark, 15. A seated jury will not consider the validity of Roger's convictions but only if he should be sentenced to death or spend his life in prison without parole.
The case was remanded to Kern County Superior Court by the California Supreme Court after a witness, Tambri Butler, recanted her testimony that Rogers assaulted and raped her. Her statements were used by the late trial judge Gerald K. Davis to uphold a jury's recommendation of death, according to The Californian's previous reporting.
Duffy testified the photos that Rogers showed were "artsy" because the camera didn't directly point at women and often showed them in different poses or through sheer fabric.
Chief assistant public defender Tanya Richard established during her cross-examination that deputies often took pictures of prostitutes for their jobs in an attempt to explain why Rogers had these photos.
Zimmer also questioned former Kern County Sheriff Mack Wimbish, who worked for the California Highway Patrol during the early 1980s, about seeing Rogers driving up and down Union Avenue. He knew Rodgers because the defendant worked at a jail and Wimbish would chat with him while dropping off arrestees.
Prostitutes heavily frequented that road while Wimbish conducted his rounds.
He happened to see Rogers driving his personal Jeep while on duty, Wimbish testified.
Wimbish approached Rogers one day to ask him why he repeatedly drove in that area.
Rogers said he was gathering information for other deputies on patrol, Wimbish testified.
That struck the former sheriff as odd, he said — why would Rogers conduct official business while in his personal vehicle? Law enforcement could be reprimanded for conducting business while in a personal car, Wimbish added.
Under cross-examination, Wimbish characterized his relationship with Rogers as friendly and said they often went on camping trips together.
Wimbish testified he didn't know at the time that Rogers lived in east Bakersfield and often went to pick up his wife working the night shift, giving Rogers a reason to travel on Union Avenue.
Wimbish didn't recall Rogers ever stopping his vehicle on Union Avenue or having concerns about Rogers' behavior while they were colleagues.
Witness testimony continues Tuesday.
You can reach Ishani Desai at 661-395-7417. You can also follow her at @_ishanidesai on Twitter.
