Prosecutors Won't Seek Death Penalty in NYC Killing Spree

(New York City) A former nurse accused of killing two men and dismembering their bodies will not face the death penalty when he goes to trial in New Jersey.

Ocean County Prosecutor Thomas F. Kelaher said that evidence in the case against Richard W. Rogers Jr., 52, could not support "beyond a reasonable doubt" the existence of at least one aggravating factor necessary under state law to press for Rogers' execution.

Among the 11 potential aggravating factors are whether the defendant has previously been convicted of murder and whether the killing was carried out to cause the victim pain or give the killer pleasure.

Rogers is accused of killing Thomas R. Mulcahy, 57, and Anthony E. Marrero, 44, in the early 1990s. He was arrested after a cold case squad reopened the cases and submitted DNA evidence to new testing and an expanded crime database.

Mulcahy, a computer sales executive from Sudbury, Mass., disappeared July 8, 1992, after attending a business meeting in Manhattan. His remains were found two days later in trash bags along two New Jersey highways.

The dismembered body of Marrero, a part time New York hustler was found May 10, 1993, on a dirt road in Ocean County.

Autopsies of the victims found they died of repeated stab wounds. Police says Rogers picked up the men for sex and lured them to their deaths.

Rogers is also under investigation for a in a string of other unsolved gay killings.

If convicted of the Mulcahy and Marrero killings Rogers would face life in prison without the possibility of parole for 30 years.

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