New Video Release: People Vs. Kenneth Clair [Watch]

LOS ALAMITOS, CA — A man sits in Orange County Theo Lacy Jail for the murder of a 25-year-old nanny. His original death sentence was overturned, but he is currently serving life in prison without possibility of parole. Kenneth Clair is expected to be re-sentenced for the violent 1984 crime.

In an era where producers can spin a real-life murder trial from whichever perspective they wish, manipulating audiences through production value and emotion, the Orange County District Attorney’s Office merely wants the truth to come out and to maintain justice for murder victim Linda Faye Rogers and her surviving family.

Its new video series hopes to "set the record straight" regarding false information publicized in this case, according to the OCDA's office in a recent release.

(Scroll down to watch the the newest of OCDA videos below.)

The People vs. Kenneth Clair has been getting a great deal of attention lately, thanks to Change.org and a series of published videos by Reason.TV. But are the reasons for demanding a retrial worthy of merit?

Prosecutors in this case and ones like it are bound by rules of the law.

“We are very careful in making extra judicial statements outside of court,” Susan Kang-Schroeder, chief of staff at the Orange County District Attorney’s office, said in interview.

The rules of law do not bind social media and the court of public opinion on sites like Change.org. So, what happens when people not bound by same rules make up untruths?

“The Bar rules give reprieve to be able to respond to false information,” Kang-Schroeder said. “In the media, if someone makes an allegation, it’s not fair to print the allegation when there is no factual backing. I feel bad for the public that they are not getting the truth.”

The new series of videos serves to counter what the OCDA’s office sees as “falsehoods” and “untrue reporting” being released by social media campaigns. This is the DA's office's chance to get the conversation back to what really happened.

The original case of The People vs. Kenneth Clair reflects a violent sexual assault, strangulation and beating murder of Linda Faye Rodgers by a Santa Ana transient. Clair was originally sentenced with the death penalty, but as of June 2015, his sentence was changed to life in state prison without possibility of parole.

"False information is dangerous," District Attorney Tony Rackauckas said. "Sometimes facts can be skewed. This video is to repute the false defense claims."

You will hear from the victims, the prosecution and the Santa Ana Police Chief with details of the case.

During the 2015 review of the original case, Clair’s guilty verdict was upheld, though the death penalty was reversed.

Under a gag order concerning the reasons behind the death penalty reversal, the Orange County District Attorney decided not to re-seek the death penalty due to the difficulties of finding original witnesses and victims, as well as the prospect of having victims relive the crime and the defendant’s “unique life circumstances.”

That gag order gave legs to the Change.org petition to give Kenneth Clair a retrial, however the OC District Attorney’s office has the right to share the facts of this case in rebuttal to the information being distributed online.

“When you look at Change.org – it said until recently that he was still facing death penalty,” Kang-Schroeder said. “(Change.org) has put together half-truths to bolster their claim that Mr. Clair is innocent.”

A Reason.tv video showcasing “What Does it Take to Get a Retrial,” includes interviews with Clair and has been viewed nearly 3,000 times. The video hinges on a piece of evidence regarding what a child did or did not see the night of the murder and a wiretapped conversation between Clair and his then-girlfriend.

The Orange County District Attorney’s Office is countering with a video series of its own.

Rackauckas “goes point by point” to discuss why Change.org and allegations from other online media are false, according to the DA’s office.

“We wanted to give a forum for the victims,” she said. The Orange County District Attorney’s Office is setting the record straight after much dialog on Change.org that Clair’s defense 'failed him.'”

The Orange County District Attorney’s Office has decided to reveal the facts of the case and the devastation left to the survivors from that night. Each short video released by the OCDA’s office directly addresses the false information that is out there.

“We will show Linda Rogers’ daughter who was in the house at time of murder, we will show her brother and the devastation that was left behind to the family,” Kang-Schroeder explained. “Our office is vigilant, there is a higher burden and standard for law enforcement.”

Kang-Schroeder discussed that no one who has reviewed the Clair case has had a problem with it as to his guilt.

“Every appellate court that has dealt with the issue has said he is 'factually guilty' in this case,” she said. In the videos that follow, “you will hear Mr. Clair’s own words. People can judge for themselves.”

The OCDA’s office is taking a stand, reminding the public of the details of a 1980s- era violent murder to ensure that the truth is not obscured by Change.org initiatives.

“If, for some reason something comes up that shows he is not guilty, there is zero in it for us,” she said. “If it turns out that (Clair) is factually innocent, we would be happy to set him free.”

The Innocence Review Panel

In 2000, the OCDA created the Innocence Review Panel to review cases of incarcerated inmates who argue that they have been wrongfully convicted.

The panel, made up of the district attorney, a senior deputy district attorney, a public defender and private defense counsel, determines whether any type of forensic testing, such as DNA or fingerprint analysis, would result in probative evidence that may exonerate the inmate or uphold the conviction.

Since 2000, 400 criminal cases have been examined. Of those, forensic analysis was used in seven cases, and all yielded evidence confirming the inmate’s guilt.

Youtube Screenshot of OCDA video