About BrothersTrial


Member Since:
February 13, 2007
Last Signed In:
September 27, 2007
Profile Views:
4355
Blog Views:
84735
View Profile
Send a Message
Send To A Friend
Sign Guestbook
Add as a Friend

Previous Posts
Brothers' attorneys face contempt hearing
Judge: Brothers deserves to die
Jury recommends Brothers should receive the death penalty
VERDICT IN DEATH PENALTY
No Verdict This Week
Jury begins deliberations in Brothers penalty phase
Defense attorney finishes closing argument
Defense continues closing argument
Defense attorney begins his closing argument
Prosecutor finishes closing argument
Archives
February 07
March 07
April 07
May 07
June 07
July 07
August 07
September 07
October 07
November 07
December 07
January 08
February 08
March 08
April 08
May 08
June 08
July 08
August 08
September 08
October 08
November 08
December 08
January 09
February 09
March 09
April 09
May 09
June 09
July 09
Subscribe!
RSS 2.0 feed RSS 2.0
Add to My Yahoo
Add to My Google
Add to Bloglines
Add to My AOL

Share!


BrothersTrial - > The People vs. Vincent Brothers -> Brothers' attorneys face contempt hearing
Brothers' attorneys face contempt hearing
In an exclusive report, The Californian's justice reporter, Jessica Logan, writes:

Kern County Superior Court Judge Michael Bush today served defense attorneys on the Vincent Brothers case an order to show why they should not be held in contempt of court.

Bush wants to know if defense attorneys Michael Gardina and Anthony Bryan mishandled evidence regarding a crash with a boy on a bicycle in Ohio.

Gardina declined to comment after Brothers’ sentencing this morning. Bryan left without comment.

You can read the entire story in our special coverage of the Brothers case.

What do you think of the judge's order?
Posted in these Groups:
Topics: bakersfield, Brothers trial
posted by BrothersTrial on Thursday, September 27, 2007 at 01:13 PM
Report a Violation
Viewed 670 times
15 comments from 9 users

1

posted by creepycat on Sep 27, 2007 at 07:34 PM
Yeah, sounds like they got some explaining to do.
posted by jewel1325 on Sep 27, 2007 at 09:41 PM
No matter what, they should have assigned a judge who had no ties with the prosecuting attorneys.  That just flat out compromises everything.  It would have been better for the judge to have excused himself to secure a trial that would be "above reproach".  However, as it stands, the latitude given the prosecution is questionable.
posted by Mom2CandC on Sep 28, 2007 at 03:09 PM

How do you propose that any judge could be assigned without any ties to the prosecuting attorney?  Most judges have worked as attorneys in the area for a long time.....that's how you generally become a judge - attorneys get "promoted" after volunteering as pro-tem judges for a minimum number of years.  

On a professional note, Judge Bush is one of the most by-the-book judges I have had the honor to appear in front of.  He was the Superior Court Judge in Juvenile Court when I was still working.  I can say that he is careful to consider all objections and if he is not sure, he will defer his decision until he has the time to RESEARCH the legal background before making a decision.  If any judge could separate his personal feelings from the trial - Judge Bush could and did! 

It is obvious that the defense attorneys had information prior to the trial beginning and they made every effort to hide that their client was not involved in the accident.....they definitely have some explaining to do!!  The only person I  feel sorry for is Margaret Kern.  I hope she has a good counselor to talk to and is able to move on and begin her college career!  What a horrible thing to wonder if she would have also been killed if she had been at the house that night with her step-mother and siblings.....

One thing is for sure, either Vincent Brothers will die of old age awaiting his million and one appeals - or he will be executed.  I seriously doubt that this conviction will be overturned!         

posted by OldBlue56 on Sep 28, 2007 at 03:25 PM

I have testified in front of and been cross examined before in court by both Gardina and Bryan. Gardina is a pretty laid back guy and seems to actually try to defend a client. Bryan, on the other hand, is an absolute baffoon! Whenever he was the defense attorney for a defendent, I felt sorry for the guy. I had fun answering his silly questions and getting him all flustered. If I was charged with multiple murders, and I had the choice of Bryan being my attorney, or me defending myself, I would chose the latter. Either way I would probably be found guilty.

I have predicted many times before that Brother's best chance for a new trial will be because of the incompetence of his attorneys. That is my opinion anyway.

posted by HansBlicks on Oct 3, 2007 at 12:50 PM
Now Mike Bush has something in common with brothers; they both need God's forgiveness. I met Mike 21 years ago at an OLPH Parish Festival. He was apparently there for the food and not the Roman Catholic Canon Law. I pray for his family during this tough ordeal, though. I care about them very much.
posted by OldBlue56 on Oct 3, 2007 at 12:59 PM
And you HansBlicks, need some common sense! What a stupid statement; very narrow minded.
posted by ChicoEsquela on Oct 3, 2007 at 01:02 PM

Hans, why does Mike Bush need forgiveness?

For doing his job?

posted by HansBlicks on Oct 3, 2007 at 01:12 PM
He needs no political forgiveness whatsoever. The forgiveness I speak of is of a spiritual nature. Remember: it was God, not Blicks, that said "Thou shalt not..."--I trust you know the rest.
posted by OldBlue56 on Oct 3, 2007 at 04:49 PM
Hineslick, funny how you quote one partial passage to suit your agenda.
posted by sagefever on Oct 3, 2007 at 05:00 PM
Hans~if you care "very much about the family " of Mr.Bush I have a question:Why are you alluding to "something" for which he needs Gods forgiveness,rumors hurt people. If there is something amiss a public forum is not the place for matters best kept between a man and his priest. I think there is  also something about not judging others,throwing the first stone if you yourself are sinless in the same book you refer too.
posted by HansBlicks on Oct 10, 2007 at 07:39 AM

Roman Catholic Canon Law demands he spares the life of Mr Brothers. He didn't. He needs forgiveness, as he probably knows. Those who think he needs no forgiveness for sentencing a man to death have no real roots in the Roman Catholic Church.

posted by elsi on Nov 27, 2007 at 03:00 PM
According to the Heading posted 04-24-07 at 3:41 p.m., Brothers testified that a boy came running with his bicycle and when he came down the street he tripped off the curb and the bike kept going......Read:  Heading  - Columbus Detective testifies about crash records - posted Tues. May 1, 2007 at 10:51 a.m.  Heading - Friday May 4, 2007 at 02:03 p.m. - DDA.......calls Tamba Lebbie to the stand....He lives in Columbus Ohio.  He is a used car dealer.  He was in a crash in 2003.  He was living in Columbus at that time.  He had several cars available to him.  He had one vehicle in his name as his personal vehicle and others at the dealership.  He drove a 1993 Mercury Sable, he said.  Green said it was a 1994....This was a 4-door - License EL94NN.  He said it sounds familiar, but he is not sure.  He sold that car to a friend.  He said he sold it in (1993?).  He recalls the car being green and the color changed to a light green.......He got into a crash at the Intersection of Steele & Hague Avenue.  I came to the intersection when the light was red.... As soon as I started moving, this little boy came nad hit me on my side of the car....I had no major damage on the car, but I did see the front wheel was damaged a little bit.  He saw an adult take the bicycle and the boy home by the time he got to the side of the road.....Years later someone called him about the crash.  He does not remember the man's neme.  They called me on the phone about 4 times, Lebbie said.  The person talked to me 4 times when he was presumably in Columbus, Lebbie said.  According to Heading - posted Friday, March 4, 2007 at 02:47 p.m., Defense Attorney......questions Tamba Lebbie.  Lebbie said he never spoke with the people in the crash, never gave them his information .  He said he returned to the scene about an hour later.  He never talked to an ambulance driver.  Lebbie said he is 5 feet 10 inched tall.   Lebbie said he never called the police to report the accident.  Lebbie said he was stopped with the boy for 30 to 60 seconds.  Lebbie said he saw no scratches on his car.  Lebbie said no one said anything about a lawsuit.  Lebbie said the boy was not hurt.  Lebbie said the investigators who spoke to him last week were courteous to him.  The investigator who initially called him was also courteous.  He denies knowing Dowell or anyone else in the crash.  He denies knowiing Wayne Wallace and Martin Yantz, another investigator.  Lebbie said he initially denied the crash to the investigators last week.  He told the detectives he had a mechanic by the name of Jorge who drove the car.  He said he sold the car to a friend from Africa and he may have been driving the car at the time.  He said Jorge lived in the area of Hague and Steele and he may have been in the accident but he was not in the accident, he now admits he told detectives last week. He said he does not remember the license plate.  Green throws a paper.  Lebbie said he sold the car to a customer in 2003.  Lebbie said he said Jorge was the driver of the car to investigators.  Last week he told the investigators there were multiple drivers of the car......He said he only denied driving the car to the first investigators once.  He never provided the address to anyone.  Lebbie said he could never find Jorge's addrass....Lebbie said he never called back the detectives that he was the driver of the car because he never met them personally......You made a concious decision to lie.  You might call it a lie....I have no reason to provide any information to that person, that is my stand,,"  Lebbie said.   Lebbie said the first visit from the Bakersfield Police Sergents, he did not see badges.......There could possibly have  been many other accidents there," Lebbie said.  They told you there was an accident involving your car and a little boy, Gardina said.  Lebbie said it still hadn't fallen into place.  Lebbie was shown the photograph of Brothers that Gardina put on the screen.  The officers showed him.   They gave him the license number of the Sable, Gardina said.  Lebbie said he does not remember this.  After they told him the license, the date, the make and model, Lebbie said it was Jorge, Gardina said.  "It just sends my brain spinning all directions," Lebbie said of Gardina's questions.  Lebbie said he had been awake for 7 days straight.  Did he tell Watts he was afraid of being sued?  Lebbie said he was showed I.D. in the 2nd meeting.  The first meeting was brief, Lebbie said.
posted by elsi on Nov 28, 2007 at 11:02 AM
Heading posted 04-24-07 at 3:41 p.m.- Brothers testified that a boy came running with his bicycle and when he came down the street, he tripped off the curb and the bike kept going...Mr. Adkins came running over and Brothers told him what happened.  He went down the street to look for Whitshire.  He came back up the street and saw a bunch of people outside and the girl...pointing at him.  He didn't want them to think he fled the scene, so he got out of his car and apologized to the boy's Mother.  Brothers asked the ambulance driver what she was suppose to do.  The ambulance driver said he would talk to the mother and the mother said she didn't want the boy taken to the hospital.  Brothers said he walked over to the ambulance driver after everything calmed down.  The girl followed her to the ambulance and the ambulance driver gave him directions.  Brothers waited for the ambulance driver to leave.  In the Heading - Columbus Detective testifies about crash records - posted Tuesday May 1, 2007 at 10:51 a.m., The Prosecutor calls to the witness stand Columbus Police Detectve, Wayne Buck.  On July 12, 2003, he visited Melvin Brother's house.  He helped talk with his wife, Tammy Brothers on the front porch of the residence....He ran a query in November with the Columbus Police Computers for any crashes for July 6, 2003 at the place where Vincent Brothers said he got into a crash in Ohio.  He ran a query in November (of what year?) .... He initially used the word "accident " in the query.  He said there were not "accidents" at the site.  He went with detectives to interview Madera Dowell, and Brian Adkins, two people who say they saw the crash.  He also looked foe ambulance records.  He could find none.  Buck was asked last week to bring a certified copy of records that no ambulance records were dispatched.  Buck did further queries of the computers to find a crash.  He said this was a much broader search.  (What happened with the certified copy of the records that no ambulance was dispatched?).  In the Heading - Prosecution Accuses Defense of Hiding Evidence posted on Tuesday May 1, 2007 at 9:33 a.m. - The Prosecutor withdraws her offer to make a stipulation about Stan Mosely's testimony.  The Prosecutor gives Gardina evidence from the Columbus Police Department about a computer generated report about a 911 call with regards to a crash with a little boy.  No police report was generated.  It reveals the name of the child in the crash.  The Prosecutor has proof that defense investigator, Wayne Wallace had a copy of that.  He filled out a form to get a copy and he picked up the records.  (When did defense investigator, Wayne Wallace fill out a form to get a copy and when did he pick up the records?).  Gardina admits he had record and did not give it to Green because he did not rely on it.  Green said it was sheer dumb luck that she found the report.  The investigators queried the computers for such a crash and found nothing.  Columbus Detective, Buck was scheduled to come out 2 days ago.  There were no records of a dispatched ambulance.  Charlie Brown asked for certified copies of the ambulance dispatch.  Buck brought in the query and asked them to run a different word than accident and instead asked for any records around the address, Green said.  Buck said he found the document and flew out Thursday night.  Wallace also asked for the 911 call but those were destroyed 2003.  Wallace got the reports in May 2006.
posted by elsi on Nov 29, 2007 at 10:05 AM
Heading posted on Tuesday, April 17, 2007 at 09:20 a.m., Prosecutor has concerns about a witness, Madera Dowell's Mother, Frederica.  Madera Dowell said she witnessed a crash with Vincent Brothers in Ohio around the time of the killings.  The defense believes Adkins will be able to establish when the crash happened.  The Prosecutor said she never received discovery about the date of the crash and the date is in great dispute.  The Judge said Gardena can't ask the Mother what date the incident happened because it was turned over to the prosecutor late.  Gardina said he wants the case dismissed.  He believed the prosecutor has been able to find the ambulance the defense believes responded to the crash & had not turned it over.  The Prosecutor said this is completely untrue.  The boy who Brothers got into a crash with was never locaed or identified and no ambulance records corroborate this.  There is no paper trail from this supposed accident, the prosecutor said.  Heading  - posted on Tuesday May 1, 2007 at 09:33 a.m.  Gardina said the man does not fit the description and Green laughs out loud.  Gardina said he had no obligation to turn this over.  Gardina wants a hearing in front of an independent magistrate regarding these accusations.  Heading - posted on Wednsday, May 2, 2007 at 10:10 a.m.  Kern County Superior Court Judge, Micheal Bush said he will go through the jury instructions individually.  The jury is not present.  Deputy District Attorney, Lisa Green said she wants a special instruction about how the jury should handle a defendent if they find he testified falsely.  Green believes Brothers lied about being in a crash in Columbus on the day the prosecution believes he killed his family in Bakersfield.  The defense does not want this instruction because it does not believe he lied.  The prosecutor also wants an instruction about investigators handling of a witness.  Green said that the man who was actually in the crash said he was harassed by defense investigators who said he may face civil consequences if he owned the car.  There was only one phone call, :defense attorney, Michael Gardina said.  "Nobody threatened this guy."  The Judge tells Gardina he must turn over any impeachment material to Green because of past trangression of the defense in not timely over discovery.  Heading - posted on Monday, May 7, 2007 at 09:02 a.m.  The defense has asked for a mistrial because police records were admitted as an exhibit that a crash happened in Columbus Ohio between a man driving a car and a boy on a bicycle.  The defense believes this record is unreliable and Deputy District Attorney, Lisa Green argues that according to the case law, the record should not have been completely allowed.  She said that parts of the record can be allowed, but not the description of the driver.  But Green does not believe there should be a mistrial.  She thinks the Document should be redacted.  Vincent Brothers said he was in a crash in Ohio on the same day the prosecution believes the family was killed in Bakersfield.  Green found a document from the Columbus Police Department's record that a person with a different license plate was in a crash at the same place and time with the same circumstances.  A man testified last week that he got into a crash at that place with those circumstances, but he did not have a precise time and date of the crash.  Defense Attorney, Anthony Bryan said he believes the entire Document is unreliable.  Kern County Superior Court Judge Micheal Bush said the prosecution was the victim of a discovery violation because the defense did not give this document.  Had the prosection had more time with this document, investigators could have researched this further.  The man whose name is on the document as the reporting caller said he was not the caller, thus, he cannot authenticate it, Bryan said.  But another witness said this man made the caller, judge reminded Bryan.  Citing the discovery violations and the testimony of the other witness, the judge ruled the document would be redacted, not thrown out.
posted by Lingtaowoo on Nov 29, 2007 at 10:20 AM
I knew it....I knew it...this is going to be blown WAY out of proportion....this will probably go to the court of appeals and come back for a second trial....this should have been tried as a 'change of venue'---no mistakes..no bias...got done right the FIRST time...but nooooo,let's spend some more time and money and MAYBE, Kern County Courts System will get it right...with NO DOUBT
1

  (You need to be signed in to leave a comment)

BAKERSFIELD.COM HOT TOPICS: