California appeals panel says convicted murderer and rapist will remain behind bars

(CN) — A California appeals court on Tuesday upheld Governor Gavin Newsom’s decision to keep a convicted murderer and rapist behind bars. It’s the second time the court has sided with the governor over the issue.

A three-judge panel of the Fourth Appellate District agreed Tuesday with Newsom that the 1991 rape and murder of Jessica Bergsten play a current role in determining if Mark Rogowski remains a risk to the public. It also ruled 2021 prison incidents with other inmates are relevant to his risk of violence.

Additionally, the panel found the evidence supports that Rogowski, 58, lacks insight into his sexual sadism disorder.

Before he committed the crimes, Rogowski had been a well-known professional skateboarder.

“It is worth noting that virtually everything we know about Rogowski is self-reported,” wrote Associate Justice Truc Do for the panel. “He raped and murdered Bergsten in secret. He disposed of her body under cover of darkness and in a manner such that the only remaining objective evidence of the specifics of her mistreatment was her missing teeth.

“He has also been found dishonest on matters of personal history,” the Newsom appointee added.

Rogowski confessed to authorities after they found Bergsten’s remains in a shallow grave in a desert east of San Diego. He said he’d struck the woman with a metal steering wheel lock before shackling her hands and feet, raping her and then suffocating her with his hands while she was inside a surfboard bag, Do wrote.

Rogowski pleaded guilty to forcible rape and first-degree murder, receiving a sentence in 1992 of six years for rape with another 25 years to life for murder.

The state Board of Parole Hearings granted Rogowski parole twice, with Newsom reversing those decisions both times. Tuesday’s ruling by the appeals panel upholds Newsom’s second reversal.

Rogowski is next eligible for parole in November 2027.

In making its decision, the panel determined whether the evidence supported Newsom’s decision. It didn’t reweigh the evidence itself.

Do noted that Rogowski wrote a 20-page retraction of his confession after providing it. He’s also given multiple statements over the decades about the crime, offering inconsistent reasons for why he took the locking mechanism and struck Bergsten. He also has given different estimates on how long the rape lasted, ranging from three minutes to three hours.

The judge also pointed to a doctor’s findings that Rogowski wasn’t a reliable or credible historian.

“He observed that while Rogowski reported regret for his criminal conduct, ‘his regret and remorse appeared self-focused and was based more in how the crime has impacted his life, rather than a result of an internal, emotionally based sense of empathy for the victim and those close to her,” Do wrote, quoting the doctor.

While Rogowski made progress during his incarceration, the doctor found he still lacked the proper level of insight into what caused the crime, including sexual obsession, and power and control issues, Do wrote.

The parole board in 2022 determined that despite Rogowski’s lack of control during the crime and his callousness, that was outweighed by his low risk for future violence, behavior while incarcerated and realistic plans after release.

Newsom reversed the board’s decision and the appeals panel agreed with his reasoning.

“When we consider the entire record in this case under the extraordinarily deferential standard of review, we readily conclude the record contains more than ‘some evidence’ to support the governor’s conclusion that Rogowski continues to pose an unreasonable risk to public safety,” Do wrote. “The evidence, in our view, was robust and compelling.”

Attorney Charles Carbone, who represented Rogowski, told Courthouse News that his client has been found suitable for parole twice by the parole board. However, Rogowski committed a “notorious” crime against a woman, which draws much scrutiny.

Additionally, Carbone noted that his client pleaded guilty and took responsibility, negating the need for a trial.

“He took a plea deal on this and admitted to the crime in open court,” Carbone said.

The state’s attorney general and Newsom’s offices could not immediately be reached for comment.

Rounding out the appeals panel were Associate Justices David Rubin and Martin Buchanan, both Newsom appointees.