CARLSBAD — A state appeals court panel this week upheld Gov. Gavin Newsom’s decision to reverse parole for former professional skateboarder Mark “Gator” Rogowski, who was convicted of raping and murdering a woman in Carlsbad more than 30 years ago.
Rogowski was sentenced to 31 years to life behind bars for the 1991 killing of 22-year-old Jessica 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.
He was previously denied parole in 2011 and 2016, while a 2019 finding that he was suitable for release was reversed by Gov. Gavin 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.
The latest appellate ruling issued June 17 states Rogowski “has made inconsistent statements” over the years regarding the manner and circumstances of the killing, including his “psychological symptoms he experienced before and after the murder.”
Tuesday’s ruling states that Rogowski’s conflicting statements led various officials to doubt his veracity. The justices also found he “has a history of lying about a range of topics, including when he believes it will serve his interests,” including during the 2022 parole hearing.
“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.
The San Diego County District Attorney’s Office, which repeatedly opposed Rogowski’s release, appealed to Newsom’s office after Rogowski’s 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.
“On multiple occasions, our office has argued strongly against releasing this violent defendant, and I’m proud of our efforts to keep this inmate behind bars where he belongs. We handle hundreds of parole hearings each year, fighting when it’s appropriate to make sure dangerous criminals are not released and crime victims are given a voice.”
