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As Killer Faces Sentencing, His Motive Remains Elusive
By Damien cave - The New York Times
January 27, 2006
One of the green plastic trash bags dumped 14 years ago off Route 72 in
South Jersey contained the head of a man. Another bag held his torso and
severed arms, while his legs were found in a third.
Ten months later, more bags surfaced. The police in
Manchester Township, about 55 miles east of Philadelphia, found six bags
near a dirt road, filled with the body parts of another man. Richard
Rogers Jr., a Staten Island nurse, was convicted in November of
murdering the two, Thomas Mulcahy, 57, a computer sales representative
who was described by prosecutors as bisexual, and Anthony Marrero, 44,
identified as a prostitute. Mr. Mulcahy, prosecutors said, was visiting
Manhattan on business in July 1992.
Judge James Citta of New Jersey Superior Court will
decide today whether Mr. Rogers should be sentenced to the maximum
punishment of two life sentences. Mr. Rogers is suspected of at least
two other murders, but prosecutors have said they do not have enough
evidence.
Yet Mr. Rogers might never have been caught if not
for the bags and the faint fingerprints they held. His crimes were
meticulous, unobserved affairs hatched in the boozy haze of New York's
upscale gay bars. Even now, after more than a decade of work,
investigators say Mr. Rogers's motives remain a mystery.
"The big unanswered question in this case is why,"
said William Heisler, the Ocean County prosecutor who presented the case
at a two-week trial in Toms River, N.J. "For whatever reason, he was
targeting gay men in New York. All we know is they were drunk when they
went missing."
The Townhouse Bar, on East 58th Street, between
Second and Third Avenues, was one of Mr. Rogers's favorite haunts during
the early 1990's. Little at the bar has changed over the years,
according to employees, and last Saturday night well-dressed regulars
sipped cocktails among paisley-print armchairs and bouquets of fresh
lilies.
Rick Unterburg, the house piano player since 1989,
said that Mr. Rogers used to show up on slow nights like Sundays. He
described the convicted killer as nearly forgettable, of medium height
and medium build, with a preference for warm sweaters and cold Scotch.
"He was dull," Mr. Unterburg, 47, said in an
interview on Saturday just before his first set. "Just bland. The only
reason I remember him is because he hung out at the piano."
Mr. Rogers, now 55, stopped going to the Townhouse
around the same time that Mr. Mulcahy's body was found in New Jersey,
said Mr. Unterburg, echoing his testimony at Mr. Rogers's trial. Mr.
Mulcahy had been at the Townhouse shortly before he disappeared.
Mr. Mulcahy's death suggested a pattern. A year
earlier, on May 5, 1991, the mutilated body of Peter S. Anderson, an
investment broker from Philadelphia, was found wrapped in green plastic
garbage bags along the Pennsylvania Turnpike. The police determined that
he, too, had been at the Townhouse before he was killed.
By the fall of 1993, two more bodies of gay men had
been found: Mr. Marrero, 44, who often solicited men near the Port
Authority Bus Terminal, according to court documents, and Michael Sakara,
55, a Philadelphia typesetter whose head and arms were placed in bags
and left by Route 9W in Rockland County. His torso and legs were found
wrapped in trash bags nine miles north, in Stony Point, N.Y. He
frequented another gay bar downtown that Mr. Rogers was also known to
visit.
Regulars at the Townhouse recalled that details of
the slayings spread like gossip among gay men. The murderer became known
as the "last call killer." The victims were drunk to the point of
incapacitation when they were stabbed. For many, the image of body parts
in trash bags proved indelible.
"It was horrible," said Abraham Levy, a Townhouse
cocktail waiter in the early 90's, sitting at the bar on Saturday. "Every
week there seemed to be another body."
The bags, however, held clues. Three or four prints
were on the plastic that held Mr. Marrero's body and on another bag, a
small plastic grocery sack labeled "Acme's President's Choice."
"We looked around and found out that the bags were in
nine Acme stores, including one in Tuckerton, N.J., about three miles
from where Mulcahy was found," said Mr. Heisler, the Ocean County
prosecutor. "There was another one in Wrightstown and there was an Acme
on Staten Island."
Staten Island looked especially promising, Mr.
Heisler said, because a saw found in a bag with Mr. Mulcahy's wallet
included a sticker from Pergament, a hardware chain with a location on
Staten Island across the street from an Acme. Investigators hoped to
find someone who lived nearby whose fingerprints matched those found on
the bags, said Mr. Heisler, in a recent interview. But no local matches
were found.
After the body of Mr. Sakara was found on July 31,
1993, investigators got a break: Lisa Hall, a bartender at the Five Oaks,
a gay bar in Greenwich Village, told the police that Mr. Sakara had been
drinking the night he disappeared with a man he introduced as Mark or
John, a nurse from a St. Vincent's hospital. The police collected
photographs of male nurses at several city hospitals and Ms. Hall
thought she recognized Mr. Rogers.
But Ms. Hall never made a positive identification,
and because Mr. Rogers worked at Mount Sinai Hospital, not a St.
Vincent's hospital, the police moved on.
The case stayed cold until about 1999, when Margaret
Mulcahy, Mr. Mulcahy's widow, called Lt. Matthew Kuehn of the New Jersey
State Police for an update. The call prompted Lieutenant Kuehn to send
the bags that had held the bodies of Mr. Mulcahy and Mr. Marrero to the
Toronto Police Department, where officers were using a new technique to
lift fingerprints from evidence.
"They start re-running the bags and they raise 33
prints mainly from the bag with Mulcahy's personal effects and the saw,"
Mr. Heisler, the prosecutor, said. "We ran them in New Jersey and got a
latent hit; the Mulcahy and Marrero prints were from the same guy."
Lieutenant Kuehn sent out 51 packets in 2000 with the
prints and an explanation of the case to authorities in every state and
Puerto Rico, and asked them to check their databases for a match. In
early 2001, nearly a decade after Mr. Mulcahy's body was found, "a call
came in from Maine," Mr. Heisler said. "They said 'we got him.' "
Old records indicated that in 1973, when Mr. Rogers
was a graduate student at the University of Maine in Orono, he had
killed his housemate with a hammer. He claimed self-defense and was
acquitted. But New Jersey authorities now had a name to match the prints:
Richard Rogers Jr., the oldest of five children raised in Massachusetts
and Florida.
On May 28, 2001, Mr. Rogers was arrested at Mount
Sinai Hospital. When investigators searched his home at 62 Bridge Court
on Staten Island, they found a bottle of Versed, a sedative that can be
used as a date-rape drug, rug fibers consistent with those found with Mr.
Mulcahy's body, and "several photographs of unknown men on which stab
wounds had been drawn," according to court documents.
Prosecutors in Rockland County and Pennsylvania said
this week that they had not decided whether to charge Mr. Rogers in the
killings of Mr. Sakara or Mr. Anderson.
David Ruhnke, Mr. Rogers's lawyer, said that his
client would appeal the murder convictions after his sentencing. "Mr.
Rogers has always maintained that he was innocent of all these crimes,"
Mr. Ruhnke said, "and he still maintains that he is innocent."
At the Ocean County trial, Judge Citta
allowed the prosecution team of Mr. Heisler and Hillary Bryce to present
evidence from the murders of Mr. Sakara and Mr. Anderson to show what
they considered a pattern. The jury deliberated for four hours and
returned a guilty verdict. Mr. Heisler can only speculate on a motive. "Maybe
something happened during sex or foreplay," he said, though he also
noted that the bodies showed no sign of forced sex.
Mrs. Mulcahy, now 71, said she and her four children
were still considering what to say, if anything, to Mr. Rogers in court."We
find it very satisfying that it's nearing the end."
Richard W. Rogers Jr.
May 30, 2001
The Manhattan district attorney's office
said nurse Richard Rogers, accused of murdering two men found
dismembered on New Jersey highways, is fighting extradition from New
York. Rogers is also under investigation for as dismemberment deaths of
men last seen in Manhattan gay bars in the early 1990s. The murders,
attributed to "The Last Call Killer," remain unsolved.
The
dismemberment killings of at least two other men will probably be tied
to Rogers, said Carl Locke, director of client services for the New York
Gay & Lesbian Anti-Violence Project. Locke wondered whether links to
more murders will be uncovered: "I can't believe that a man who was
a serial killer and mutilated men would just stop."
Officers from
the Ocean County prosecutor's office, the Pennsylvania State Police and
Rockland (N.Y.) County prosecutor's office searched Rogers' condominium
in Staten Island, N.Y., looking for hairs, blood stains and surgical
toolsthat would link Rogers to more killings. Rogers, 50, was arrested
at Mount Sinai Medical Center in Manhattan, where he has worked for more
than 20 years, and charged him with two murders, which took place in
1992 and 1993.
Remains of the
victims were found in plastic bags. The break in the case came three
weeks ago when fingerprints from the bags were matched with prints of
Rogers in Maine, where he beat a manslaughter charge 27 years ago.
Rogers was 22
and a graduate student studying French at the University of Maine in
1973 when he became a suspect in the death of a Frederic A. Spencer, who
lived in his apartment building in Orono. Spencer's body was found a few
days after his death by two bicyclists riding along a deserted road near
Old Town.
After his arrest, Rogers told police he caught Spencer in his
apartment and that Spencer came at him with a hammer. He said he managed
to get the hammer away and beat Spencer until he died. Six months later,
Rogers was acquitted of manslaughter in Penobscot County Superior Court.
Another brush
with the law came August 19, 1988, when Rogers was arrested on Staten
Island and accused of drugging, binding and injuring a Manhattan man who
visited his apartment a month earlier.
Rogers is now charged in the
murders of Thomas R. Mulcahy, of Sudbury, Mass., and Anthony E. Marrero,
of Manhattan. Ocean County Prosecutor E. David Millard said the two had
been "meticulously dismembered with a knife and handsaw."
The killing of
Michael Sakara, 56, of New York, was linked last year to the murders of
Marrero and Mulcahy. Sakara's head and arms were found July 31, 1993, at
a rest area known as "'The Lookout" off Route 9W in Haverstraw,
N.Y., a day after he was last seen leaving a gay bar. His legs and torso
were recovered August 8, 1993, about eight miles farther north on Route
9W.
Locke, of the gay rights group, said Rogers is probably responsible for
the deaths of Sakara and Peter Stickney Anderson, 54, of Philadelphia,
whose remains were found along the Pennsylvania Turnpike in 1991.
Man Charged In Dismemberment
Slayings
A former nurse has been charged with
the early 1990s dismemberment slayings of two men he had recently met in
Manhattan.
Richard W. Rogers Jr., 51, was indicted by an Ocean
County grand jury on two counts of murder and two counts of hindering
apprehension, the county prosecutor announced Tuesday.
Authorities say he killed Thomas Mulcahy, 57, of
Sudbury, Mass., dismembered his body, placed it in plastic garbage bags
and dumped them along Route 72 in Woodland Township, Burlington County,
and at a Garden State Parkway rest area in Stafford Township on July 10,
1992.
Mulcahy's head, torso and arms were left in Woodland,
while the rest of his body was dumped into trash cans at the Stafford
Forge rest area, where they were found by New Jersey Highway Authority
workers emptying the trash cans.
Rogers is also charged with killing Anthony E.
Marrero, 44, of New York, whose dismembered body was found May 10, 1993,
on a dirt road in the Whiting section of Manchester Township.
Ocean County Prosecutor Thomas F. Kelaher said both
victims were stabbed repeatedly. Mulcahy died from three stab wounds to
the chest and abdomen, while Marrero was stabbed six times in the back.
Because of similarities in the deaths, as well as
several other unsolved cases involving mutilated bodies found near
highways in New Jersey, New York and Pennsylvania, a multiagency task
force was created to investigate. Kelaher could not say whether Rogers
is a suspect in any other deaths.
Fingerprints lifted from the plastic bags containing
the victims' remains were matched against a nationwide fingerprint
database of criminal suspects, but no matches were found initially,
Kelaher said.
Authorities resubmitted the prints to the nationwide
Automated Fingerprint Identification System in April 2001. The next
month, Maine State Police advised the task force that the fingerprints
submitted from the dismemberment case matched those of Rogers, who had
previously been arrested in Maine. Rogers was arrested in 1973 as a
suspect in a homicide, but was later acquitted of manslaughter charges.
Maine had not been a member of the automated system
when the prints were first submitted, Kelaher said.
"The fingerprints tied both victims together, and to
Mr. Rogers," Kelaher said.
Two weeks later, Rogers was arrested by New York City
police and taken to the Ocean County Jail, where he has been held ever
since.
The prosecutor said Rogers had just met both victims
shortly before they were killed, declining to speculate on the nature of
their relationship. Mulcahy was last seen alive on July 8, 1992, at the
Market Street Bar near the former site of the World Trade Center in
lower Manhattan. Marrero was last seen on May 4, 1993, near the Port
Authority Bus Terminal in Manhattan.
Kelaher said the nearly two-year delay between Rogers'
arrest and indictment was not unusual because investigators from various
agencies had to compare evidence and run numerous tests.
"They had to get search warrants for his apartment
and his locker at work," Kelaher said, declining to say whether any
useful evidence was recovered from either location.
Kelaher said it is not immediately clear whether
Rogers was familiar with Ocean County, or whether he purposely selected
it to dump the bodies. But he said the county has occasionally been used
by killers to dispose of bodies because it has many rural, sparsely
populated areas where such activity is not likely to be witnessed.
At the time of his arrest, Rogers was living in
Staten Island, N.Y., and had been employed as a registered nurse at
Mount Sinai Medical Center for more than 20 years.
He is being held on $1 million bail. No arraignment
date has yet been set.
Accused serial killer is
offered plea deal
October 19, 2005
TOMS RIVER — The Ocean County Prosecutor's Office has
given accused serial killer Richard Rogers a short opportunity to accept
an offer that would afford him a chance of getting out of prison within
15 years if he admits to two murders in New Jersey and one in
Pennsylvania.
Rogers on Tuesday did not immediately take the deal,
and jury selection began for his trial on charges that he killed two men
whose dismembered bodies were found at roadside locations in trash bags
in New Jersey in the early 1990s.
Rogers, 55, of
Staten Island, a former surgical nurse at Mount Sinai Hospital in
Manhattan, is set to stand trial before Superior Court Judge James N.
Citta for the murders of Thomas Mulcahy, 57, a bisexual businessman from
Sudbury, Mass., and Anthony Marrero, 44, a homosexual prostitute from
Manhattan.
William J. Heisler, chief trial attorney in
the Ocean County Prosecutor's Office, offered to downgrade the two
murder charges to aggravated manslaughter and said he would recommend
concurrent, 30-year prison terms, with parole eligibility after serving
15 years, if Rogers would plead guilty.
Heisler said
he was authorized by the Lancaster County District Attorney's Office in
Pennsylvania to extend him an offer of 10 to 20 years in prison if he
would plead guilty to third-degree murder in the killing of Peter S.
Anderson, 54, a homosexual investment banker from Philadelphia whose
mutilated body was found in a trash barrel at a rest area on the
Pennsylvania Turnpike on May 5, 1991.
Heisler also
said he was authorized by the Rockland County, N.Y., District Attorney's
Office to relay that it would not charge Rogers in the murder of Michael
Sakara if he pleaded guilty to the murders of Mulcahy, Marrero and
Anderson.
The dismembered body of Sakara, 55, a
typesetter from Manhattan, was discovered over a nine-day period in July
and August of 1993 in garbage bags at two locations along Route 9W in
Rockland County, N.Y.
Mulcahy's remains were found at
two locations in New Jersey on July 10, 1992: at the state Department of
Transportation's Red Lion Maintenance Yard at routes 70 and 206 in
Woodland Township, Burlington County, and in trash barrels at the
Stafford Forge Rest Area on the Garden State Parkway in Stafford, Ocean
County.
Marrero's remains were found in bags on Crow
Hill Road in Manchester, Ocean County, on May 10, 1993.
Heisler said if Rogers took the plea offer, prison terms for each of the
three killings to which Rogers would be required to admit would run
concurrent to one another.
Heisler would not comment
afterward on why he made the plea offer to Rogers.
The
judge told Rogers he would likely face 60 years in prison without parole
if convicted of the two New Jersey murders. Citta also told Rogers that
because he would be given credit for time he has already served in the
Ocean County Jail awaiting trial since his arrest May 28, 2001, and that
he would also be given commutation credits and credit for good behavior,
he could be considered for parole as soon as 10 or 11 years from now.
Citta also told Rogers that based on evidence introduced at pretrial
hearings last month, "In my view, the state is going to convince 12
people beyond a reasonable doubt that Richard Rogers is guilty of the
murders of both of these individuals."
Citta reminded
Rogers that the evidence includes his fingerprints on garbage bags
containing the body parts of the two New Jersey victims and the victim
in Pennsylvania, and testimony that Sakara was last seen alive with him.
Citta added the evidence includes that the saw and saw blade believed to
be used to dismember the bodies, as well as some of the plastic bags in
which some body parts were packaged, were traced to a mall on Staten
Island located close to Rogers' home.
When Citta was
finished explaining the potential outcome of a trial, Rogers responded
politely, "I appreciate the advice that you've given me. I will take it
under consideration."
Jury selection for the trial
began minutes later.
Heisler said Rogers has until
completion of jury selection to accept the offer.
In
addition to the murders of Mulcahy, Marrero, Anderson and Sakara, Rogers
also is a suspect in the murder of Matthew John Pierro, 21, of
Bloomfield, whose body was found in bushes off Interstate Highway 4 in
Lake Mary, Fla., on April 10, 1982, with a bite mark that dentists said
was made by Rogers. Rogers has only been charged with the New Jersey
murders.
Gay Serial Killer Trial Begins
October 27, 2005
A male nurse charged with killing, dismembering and
then dumping the bodies of two gay men is innocent his lawyer charged as
the trial of Richard W. Rogers opened in Toms River.
In his opening address to the
jury attorney David Ruhnke said that police arrested the wrong man and
suggested that his client's fingerprints prove he did nothing more than
carry bags in which mutilated body parts were found. Ruhnke said that
other fingerprints were found on the bags as well.
"Start thinking to yourself,
maybe there's more than one person, or maybe Mr. Rogers just carried the
bags," Ruhnke told the jury. "They promised to prove to you beyond a
reasonable doubt the man who sits here . . . is the killer. Maybe they
don't have the right guy."
Assistant Prosecutor William
Heisler disputed Ruhnke's theory, telling jurors the true killer sat
before them in court.
Rogers is charged with the
killings of Thomas Mulcahy and Anthony E. Marrero.
The dismembered body of Mulcahy,
57, found in 1992. Police say that Rogers killed the Sudbury, Mass. man,
dismembered his body, placed pieces in garbage bags and dumped them
along Route 72 and at a Garden State Parkway rest area.
The body parts of Marrero, a 44,
New York man, were found May 10, 1993, on a road in Manchester Township.
Last month, the judge in the
case ruled that the jury can also hear about the murders of gay men in
two other states in which Rogers is implicated.
One of the murders was that of
Michael Sakara, 55, of New York City.
Sakara's remains were found in
plastic garbage bags in two locations in Rockland County, N.Y., nine
days apart in the summer of 1993. His head and arms were found in one
bag in Haverstraw, N.Y., his legs and torso in others in Stony Point,
N.Y.
Prosecutors also will try to tie
Rogers to the 1982 killing of Matthew J. Pierro in Lake Mary, Fla.,
while Rogers was in Florida to attend a college reunion.
Pierro was last seen leaving a
gay bar in Orlando, Fla., on April 10, 1982 and turned up dead, stabbed
in the heart and suffering extensive lacerations.
New Jersey police were stymied
for almost a decade in finding a suspect in the two slayings in that
state, even though they had fingerprints and other evidence.
Two years ago a 'cold file' law
enforcement team resubmitted finger prints to a nationwide fingerprint
database of criminal suspects and Rogers was identified.
He had been arrested in Maine
early in the investigation but when the prints were originally submitted
to the database a decade ago Maine was not part of the system and he was
let go.
It was not his first brush with
the law in Maine. He was arrested and stood trial in 1973 for the murder
of his roommate, Frederick Spencer, who was struck on the head with a
hammer, smothered with a plastic bag and dumped in a wooded area. Rogers
claimed self-defense and was acquitted.
After the DNA evidence pointed
to him he was arrested in New York City and taken to New Jersey where he
has been in jail awaiting trial.
At the time of his arrest,
Rogers was living in Staten Island and had been a registered nurse at
Mount Sinai Medical Center for more than 20 years.
N.J. Murder Trial
Continues For Former UMaine Student
October
28, 2005
TOMS RIVER, N.J. -- In New Jersey, testimony resumes
Thursday in the trial of a former University of Maine student who is
suspected of being a serial killer.
Richard Rogers is
accused of murdering three men whose dismembered bodies were found in
trash bags along roads in New Jersey and Pennsylvania.
Defense lawyers have told jurors that they should consider the
possibility that someone else was involved and that Rogers only carried
the trash bags.
Rogers is also suspected of killing a
fourth man, though he has not been charged in that case.
In Maine, Rogers was found not guilty of beating his roommate to death
with a hammer in 1973. In that case, he claimed he acted in self-defense.
Alleged serial killer shows strain on last day of
trial
November 10, 2005
The accused "Last Call" serial killer seemed as though he were beginning
to crack on the final day of his three-week trial in Ocean County, N.J.
Richard W. Rogers III wrung his hands, bounced his
legs and grimaced at his attorney -- all in marked contrast to his
previous composure -- as the lead investigator in the case testified
yesterday.
A longtime Staten Islander, Rogers lived on Bridge
Court in Fort Wadsworth, and worked as a pediatric nurse at Mount Sinai
Hospital in Manhattan before his arrest on May 28, 2001.
He is on trial for the 1992 killing of Thomas R.
Mulcahy, 58, of Sudbury, Mass., a computer salesman known to frequent
gay bars during business trips, and the 1993 slaying of Anthony Marrero,
43, a reputed prostitute who worked the Port Authority Bus Terminal in
1993.
The case is being tried in New Jersey because the
victims' mutilated bodies were found there.
Lt. Matthew Kuehn of the N.J. State Police testified
yesterday that there was no evidence that Mulcahy or Marrero were killed
on Staten Island.
A big break in the case came when the head and two
arms of Michael Sakara of Manhattan were discovered July 31, 1993, off
Route 9W in Haverstraw, N.Y., Kuehn testified. Sakara's legs and torso
were found a week later, about eight miles north on Route 9W.
In previous testimony, bartender Lisa Hall placed
Rogers with Sakara at the Five Oaks piano bar in the West Village early
on July 30, 1993.
She said the man she recognized as Rogers came in the
bar and sat next to Sakara, who introduced his new friend (allegedly
Rogers) as Mark or John and said he was a nurse at St. Vincent's
Hospital.
With that information, Kuehn went on the hunt and
obtained employment photos of male nurses from area hospitals, including
St. Vincent's in West Brighton and Mount Sinai.
Flipping through the stack of photos before the jury,
Kuehn picked out Rogers and said he showed it to Ms. Hall in 1993; she
immediately identified the man in the photo as the same man who was with
Sakara the night he went missing.
Kuehn said he then cross-matched records of Rogers'
work attendance at Mount Sinai, dating from 1979, and found that Rogers
was off work on -- and immediately following -- the day that Mulcahy was
last seen.
Rogers also was off on May 5 and 6, 1993. Marrero was
last seen the night of May 4 or 5, 1993, and his body was discovered on
May 10, 1993.
In the two other cases in which Rogers is a suspect
but not charged -- Peter Anderson, whose body was found in Rapho
Township, Pa., in 1991, the genitals cut off, and Sakara -- Rogers had
time off on the relevant days, Kuehn testified.
Earlier testimony by forensics experts matched
fingerprints found on bags containing the body parts of Mulcahy, Marrero
and Anderson with those of Rogers.
David Ruhnke, Rogers' attorney, rebutted the
scientific validity of the fingerprint identifications.
Ruhnke pointed out, as he has with other fingerprint
experts throughout the trial, that fingerprint matches are known to have
been wrong.
Specifically, Ruhnke used the example of the FBI's
misidentification of attorney Brandon Mayfield of Portland, Ore., who
was an initial suspect in the 2004 terrorist bombings in Madrid.
The FBI was forced to admit its blunder and apologize
after learning that the prints in that case were those of an Algerian
man.
Closing arguments and jury deliberations are expected
to begin today.
Ex-nurse guilty in 2
dismemberment murders
November 11, 2005
TOMS RIVER -- A former nurse was found guilty of the
dismemberment murders of two men whose body parts were dumped along New
Jersey highways.
Richard W. Rogers Jr., 55, of Staten
Island, N.Y., was convicted Thursday in state Superior Court of
murdering Thomas Mulcahy, 56, a married bisexual businessman from
Sudbury, Mass., and Anthony Marrero, 44, a gay prostitute from
Manhattan.
Some of Mulcahy's dismembered parts were
discovered in 1992 in Burlington County.
Rogers, who
worked as a surgical nurse for 20 years at Mount Sinai Hospital in
Manhattan, was also convicted of two counts of hindering his own
apprehension by dismembering and disposing of the victims' bodies.
He faces up to life in prison with a minimum of 30 years without parole
on each of the murder counts when he is sentenced Jan. 26. Prosecutors
did not seek the death penalty.
Rogers' attorney,
David Ruhnke, plans to appeal. He had argued that prosecutors charged
the wrong person. He had also tried to convince the jury that it could
not convict Rogers of the crimes because the state had not proved they
occurred in New Jersey.
But Judge James Citta ruled
the law allowed the jury to infer that because the bodies were found in
New Jersey, the murders occurred in New Jersey.
Mulcahy was in New York on July 7, 1992 for a business meeting, and
disappeared the following day. One of the last places he was seen was
the Townhouse, a gay bar that Rogers was known to frequent.
Mulcahy's dismembered parts were discovered July 10, 1992, at a state
Department of Transportation maintenance yard in Burlington County and
in a trash barrel at the Stafford Forge Rest Area on the Garden State
Parkway. Sixteen of Rogers' fingerprints were found on the bags
containing Mulcahy's remains.
Marrero's dismembered
body was found in plastic bags on May 10, 1993 near a road in
Manchester. Two of Rogers' fingerprints and his palm print were on those
bags.
The big break in the case came on May 28, 2001
when Maine authorities, who had recently gone online with an automated
fingerprint identification system, matched Rogers' prints to those on
the bags that contained Mulcahy and Marrero's dismembered remains.
His fingerprints were on file in Maine because he had been tried in
November 1973 for the slaying of his graduate school roommate at the
University of Maine, Frederick Spencer. Claiming self defense, Rogers
was acquitted in that hammer-beating death.
Serial Gay Killer Sentenced
Staten Is. man will
serve at least 65 years in two New Jersey murders; suspect in others
February 2, 2006
A New Jersey judge sentenced Richard W. Rogers, a gay
man from Staten Island, to what is effectively a life sentence after he
was found guilty in the 1992 killing of Thomas R. Mulcahy and the 1993
slaying of Anthony E. Marrero.
“It’s the maximum sentence that is permitted under
New Jersey law for the crime that he was found guilty of,” William J.
Heisler, the executive assistant prosecutor in the Ocean County
Prosecutor’s Office, who handled the case, told Gay City News.
The verdict had come on November 10 after a four-week
trial, but sentencing happened only last week.
On January 27, James N. Citta, the New Jersey
Superior Court judge who presided over the case, gave Rogers a 30-years-to-life
sentence for murder with another two-and-a-half year minimum for
hindering apprehension in the Mulcahy slaying. Citta gave Rogers the
same penalty in the Marrero killing.
The judge required that Rogers serve all four
sentences consecutively. Rogers, 55, will have to serve a minimum of 65
years before he is eligible for parole.
The Associated Press reported that Citta called
Rogers “an evil human being” and expressed the hope that he die “in some
hole in some prison without ever having freedom again.” Citta concluded
by saying, “That’s the judgment of this court... We’re done. Take him
out of here,” the AP reported
The remains of the 57-year-old Mulcahy, a businessman
from Sudbury, Massachusetts known to visit gay bars when in New York,
were found in two locations in New Jersey as were the remains of the 44-year-old
Marrero, also known to be gay. Both men had been carefully dismembered
and wrapped in plastic bags. Rogers’ fingerprints were found on the bags
holding the remains of both men.
The murder cases went unsolved until 2000 when a 14-member
task force that included investigators from the New Jersey State Police,
Ocean County, and New York’s Rockland County re-opened the case. New
technology was used to identify the fingerprints on the plastic trash
bags and matched against fingerprints from Rogers taken when he was
tried but acquitted in Maine of the 1973 murder of 22-year-old Frederic
Spencer.
Citta allowed the prosecution to present evidence
during the trial on two out-of-state murders that Rogers was not charged
with but for which he is a suspect, based on key similarities between
those killings and the Mulcahy and Marrero slayings. The jury saw
evidence in the killings of Michael Sakara, 55, whose remains were found
in New York in 1993, and Peter Anderson, 54, whose body was found in
Pennsylvania in 1991.
Citta did not allow evidence of the 1982 murder of
Matthew John Pierro, 25, in Florida, to be introduced. Pierro was found
with ligature marks on his neck, indicating he had been strangled, and
multiple stab wounds to his body. Rogers is considered a prime suspect.
Sakara, but not Anderson, had been dismembered in a
way that matched the Marrero and Mulcahy dismemberments. Rogers’
fingerprints were found on the bags that held Anderson’s body, but not
on the bags that held Sakara’s remains. A witness saw Sakara and Rogers
together in a Greenwich Village bar hours before Sakara’s body was found.
Police never determined where the Mulcahy and Marrero
killings took place and that will be an issue for Rogers’ appeal, David
A. Ruhnke, Rogers’ attorney, told the AP. In order to convict Rogers,
the jury was required to make a finding of fact that the murders took
place in New Jersey.
Ruhnke told Gay City News in an earlier interview
that the evidence on the Sakara and Anderson killings would also be an
issue on appeal. That evidence tended to represent Rogers as a serial
killer. The concern was that the jury would convict him on that basis
and not on the Mulcahy and Marrero evidence.
“I think that’s exactly the message that the evidence
sent and that the jury received, “ Ruhnke told Gay City News. “I think
that was an enormously prejudicial decision by the judge and whether he
was legally correct in making it is going to one of the primary
appellate issues.”
Ruhnke has already filed notice of appeal in the
case.
“We expect that in every case where there is a
conviction,” Heisler said. “It’s routine.”
The New York City gay and Lesbian Anti-Violence
Project welcomed the sentence.
“This is kind of a completion of a long struggle for
two of the victim’s families,” said Clarence Patton, executive director
of the gay victims group. “We don’t want to pile on, but what we would
like to see is some of these additional cases get adjudicated so those
families can get some measure of closure.”