A state appeals court panel Tuesday has again upheld the decision to reverse parole for former pro skateboarder Mark “Gator” Rogowski, who was convicted of the 1991 rape and murder of a woman in Carlsbad.
The latest appellate ruling, issued Tuesday, states Rogowski “has made inconsistent statements” over the years regarding the manner and circumstances in the killing of Jessica Bergsten, 22, including the “psychological symptoms he experienced before and after the murder.”
Tuesday’s ruling, in support of a decision by Gov. Gavin Newsom, says Rogowski’s conflicting statements led various officials to doubt whether he was being truthful. The justices also found that he “has a history of lying about a range of topics, including when he believes it will serve his interests.”
“These inconsistencies, in turn, bear on our conclusion that the record supports the Governor’s parole unsuitability decision, including the Governor’s determination that Rogowski possessed a materially deficient level of insight,” the ruling states.
He was previously denied parole in 2011 and 2016, while a 2019 finding that he was suitable for release was reversed by Newsom.
The State Board of Parole Hearings again granted Rogowski parole in 2022, which Newsom also reversed.
Both of the governor’s parole reversals were upheld by the Fourth District Court of Appeal.
Rogowski was sentenced to 31 years to life behind bars for the killing of Bergsten, who was struck over the head with a metal steering wheel lock, raped and suffocated.
Her skeletal remains were found buried in a shallow grave in a remote part of the desert in Imperial County. Rogowski confessed to the killing weeks later.
The San Diego County District Attorney’s Office, which repeatedly opposed Rogowski’s release, appealed to Newsom’s office after his most recent grant of parole.
Following Tuesday’s ruling, District Attorney Summer Stephan said in a statement, “The family and friends of Jessica Bergsten deserve the continued promise of justice in this case and we’re grateful the appellate court has upheld the Governor’s decision to reverse the grant of parole.”
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