BAKERSFIELD, Calif. (KGET) — A questionnaire is ready, attorneys’ concerns have been addressed and, on Tuesday, the first jury panel will be called for the penalty phase retrial of a former sheriff’s deputy convicted of killing a woman and teenage girl in the 1980s.

It’s expected to take multiple jury panels — and more than a month — to select a jury to hear the retrial of David Keith Rogers, 75, convicted and sentenced to death in 1992 for the shooting deaths of Janine Benintende, 20, and Tracie Clark, 15.

On Monday, attorneys agreed to the wording of a questionnaire that will be given to all potential jurors, and Judge John W. Lua issued a ruling allowing prosecutors to present autopsy photos showing internal damage Clark suffered, including a photo of the 2 1/2-month-old fetus she was carrying.

Rogers’ attorney, Chief Assistant Public Defender Tanya Richard, argued last week the photos were “unusually gory” and therefore prejudicial to her client. She said a coroner’s official could testify to the injuries instead.

Lua, however, found the photos relevant for the purposes of the penalty phase as they show damage not seen in external photos and what the judge called the “brutal circumstances” of Clark’s death. Having a coroner’s official testify isn’t a sufficient replacement for the photos, he said.

Benintende was killed in early 1986 and Clark a year later. Both were shot multiple times.

Rogers’ murder convictions remain intact, but the state Supreme Court in 2019 overturned his death sentence after determining a prosecution witness whose testimony was used during the penalty phase falsely testified he sexually assaulted her.

At the conclusion of the penalty phase retrial — the evidentiary portion of which is expected to last until mid-February — the jury will recommend whether Rogers should be resentenced to death or to life without parole.