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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 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 August 09 September 09 October 09 November 09
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Juror dismissed, trial resumes
Kern County Superior Court Judge Michael Bush opens up the courtroom to the public. There has been a motion to excuse juror #10. The court has granted that motion.
Bush said he closed to court “in order to provide the jurors a forum in which they can speak openly and freely without concerns about the public or the media being present.” Bush said that jurors at times are reluctant to speak about another juror in open court. “I believe there would be prejudice.” Bush said he told the jurors that the transcript would be sealed but he may revisit the issue after the trial. 53 comments from 26 users
posted by
anonymous
on May 9, 2007 at 09:21 AM
Hurrah!!!!!!!! WHATEVER THE DEFENSE TRIED TO GET A MISTRIAL DIDN'T WORK!!!!!! On with the trial!!! DON'T LET THIS GUY GET AWAY WITH IT!!!!!
posted by
BrothersTrial
on May 9, 2007 at 09:31 AM
The juror that was dismissed was the only black juror on the jury.
posted by
countyork
on May 9, 2007 at 09:48 AM
Which means you can be damn well sure that Bush had a damn good reason to dismiss him. Bush almost certainly was careful to make a record that his dismissal was necessary and not racially motivated. Of course even if the record bears out a good reason if Brothers lands on death row I expect Amnesty International and the ACLU to drum up false accusations of racism like in the Mumia case.
posted by
randomfactor
on May 9, 2007 at 09:51 AM
I expect the issue, valid or not, will be explored at the appeal stage, if there's a conviction. And if it appears to have been an invalid move by the judge I'd cheer the ACLU's involvement in the case. For what it's worth, the ACLU's involvment in the Mumia case seems to be limited to the First Amendment concerns raised by the trial, not racism. posted by
redkernhero
on May 9, 2007 at 10:04 AM
Normal Kern Court procedure, jury of your peers, dream on we are here to stay and rule for justice.
posted by
anonymous
on May 9, 2007 at 10:20 AM
Appeal in the making
posted by
anonymous
on May 9, 2007 at 10:37 AM
Somebody has to keep Kern County in check. They can't seem to control themselves and do the right thing on their own. The appellate court has to help them act responsibly and within the law because they really seem to have a problem doing that. Knowing the folks in Kern county, death threats could have been made against him or his family. There's no telling, why would people think the defense had something to do with the dismissal. I highly doubt that they would have dismissed Brothers one good chance of maybe giving him a fair chance. I hope I'm wrong, but I doubt it.
posted by
CurtDalton
on May 9, 2007 at 10:49 AM
The defense's strategy is to object to everything and is the scatter-gun approach to leave Brothers a possible appeal based upon every single objection raised by the defense during the trial.
It's a sure bet Brothers will die of old age if he is convicted - He sure as Hell will not see the execution chamber even if he is convicted "beyond a reasonable doubt." posted by
anonymous
on May 9, 2007 at 11:06 AM
It bothers me that the first thought would be race-why not the fact that something happened and the judge (as it should be) made the call simply on the facts-I guess only time will tell.
posted by
anonymous
on May 9, 2007 at 11:34 AM
If you knew this juror you would not be so surprised. I can guarantee you the judge had very good reason and race was not the issue whatsoever. Of course there always going to be those people that refuse to believe that. posted by
hvygoose
on May 9, 2007 at 11:35 AM
posted by
anonymous
on May 9, 2007 at 11:41 AM
if the only difference between him and his actions are the color of his skin, why did he last on the jury for so long. why didn't whitey just get rid of him right off the bat? no answer to that is there, really timec, you sound much more intelligent when you keep your mouth closed.
posted by
anonymous
on May 9, 2007 at 12:07 PM
Even the police chief at the time of the murder knew that he would suffer the same fate as Brother guilty or not guilty, he would be blamed by Bakersfield's wonderful no-racist community. That same community who has declared him guilty since day one. The same one who have kept mean Kern justice is place since its inception. The same one who make certain that a Black defendants has no peers only good white people sit in judgment.
Incidentally the reason they did not get rid of him at the beginning, is that he was their token, their fig leaf of justice. posted by
hvygoose
on May 9, 2007 at 12:27 PM
timec ok let's see if i can state this a different way. let's reverse the "race" card. if brothers was white and had been accused of killing his white family, and we got to this point in the trial and the last white juror was removed from the jury. Would you be crying foul about him not having a jury of his peers? for that matter would you even be following the trial? actually i think you would because from your last post when you ref'd case history, i believe you are much more intelligent than i previously stated and i apologize for that. but that's what is so hard for me to understand. why someone with any intelligence would post something like"Black People take a good look at this. Stay out of these white folks way." which to me just promotes racist theory in and of itself. in an effort to eradicate racism, people need look at issues without including race as a determining factor. maybe i'm getting off base here but your original post just sparked a fire in me i guess. posted by
anonymous
on May 9, 2007 at 12:31 PM
Whah....whah....whah!!!! All you do is cry about how the BLACK man doesn't get a fair trial!!! HELLO!!!! What about this innocent family who was all black and was killed (while they were sleeping)?!? Did they get a fair trial? NO, they did not!!! This was cold blooded murder!!!!!!! Why aren't you concerned about them, huh? With that said, you should not assume that the guy is innocent or guilty based on his color!!! You should listen to both sides of the story and come to your own conclusions. Quit looking at his color!!! posted by
anonymous
on May 9, 2007 at 12:33 PM
Black or White he did something to make the judge remove him. If he hadn't then there would be grounds for a new trial. No buddy wants that! I know that the defense attorneys had the ability to have other black members of the community on the jury, but didn't so if they didn't feel it was necessary then why does everyone else. I wish people would get beyond skin color and remember there are 5 dead human beings.
posted by
hvygoose
on May 9, 2007 at 12:38 PM
posted by
anonymous
on May 9, 2007 at 12:44 PM
You mean six don't you, Brothers was history before he got to court, in Bakersfield.
posted by
anonymous
on May 9, 2007 at 12:50 PM
Sounds to me like there are so many assumptions being made here. How does anyone here know how this juror would have voted. Timec, for all you know he might think that Brothers is guilty. Does anyone here know the specifics of why he was removed? I just cannot imagine this judge in a case as big as this removing a juror at this stage especially the only black juror unless it was something very serious. A jury of your peers is not just about skin color! Remember both sides were involved in the jury selection.
posted by
hvygoose
on May 9, 2007 at 12:54 PM
posted by
anonymous
on May 9, 2007 at 12:55 PM
It is interesting that some individuals assume the "only black juror" would be the one person to find Mr. Brothers not guilty. It is entirely possible the dismissed juror would have believed, after hearing the evidence, that Mr. Brothers is guilty. What a terrible thing to put on this man's shoulders, to assume he would not weigh the evidence and then make his own decision, because of his race. To do so is to call him racist, isn't it? If he were to make his decision based on race alone, yes, that would be racist. A "fair trial" is not one which automatically ends in a finding of not guilty, hence the jury system. One must remember the jurors were interviewed and accepted by the prosecution and the defense. It's not a "typical" Kern County jury. It is a jury chosen amongst Mr. Brothers peers. Your peers are not meant to be exactly like you, and not necessarily the same race as you. It's possible Mr. Brothers is guilty. It is also possible Mr. Brothers is innocent. Let's remember the precious individuals who lost their lives, innocently sleeping. Someone made the decision to murder them and hopefully the person who did it is on trial. Frightening to think that individual is still free. posted by
anonymous
on May 9, 2007 at 01:02 PM
Quote from Timec "Racism is very real" You are making that very apparent with your comments. Of course it is just such comments that will keep it very real. That seems to be just what some people want and that includes black, white, brown, yellow, purple, green and whatever other color you want to throw out there. posted by
anonymous
on May 9, 2007 at 01:14 PM
This is just so sad that assumptions are made without all of the facts. When the trial is over, the facts as to why this juror was dismissed will come out. Then it would be appropriate for everyone to express their opinions whatever they may be. Reality is that a whole family was murdered and there was enough evidence to take Mr. Brothers to trial. I am sure that this is no easy thing for each of the jurors that have to sit in that courtroom no matter what their race is. The reality is "evidence is evidence" and when it is all over the color of a persons skin is irrelevant. I am confident that the jury will do a good job and make the appropriate decision based on the evidence.
posted by
anonymous
on May 9, 2007 at 01:15 PM
Jurors are called to service from DMV and voter registration records. Does anyone mean to say there was only one black juror because people of color don't vote or have diver's licenses? There is a process called jury selection. Both sides participate. posted by
rob93301
on May 9, 2007 at 01:24 PM
You know what amazes me, who is defending the people that were murdered? Everyone is ready to throw the race out card there. Who cares about the race, sex or color. This was an awful murder and justice needs to be served. If Brothers is innocent, then why push for a mistrial? Kern County thought long and hard before they brought any charges against him and made sure evidence and facts were in place. This is not a race case, both the suspect and victims were black. Only God knows what really happened and I believe that only the truth can set you free. Judge Michael Bush is handling the case very well and not letting anything or anyone disrupt the proceedings. Kudos to Judge Michael Bush.
posted by
hvygoose
on May 9, 2007 at 01:35 PM
timec i'm obviously white? how so?i have no clue? next i suppose your gonna say i belong in a rocking chair with a banjo. first of all that is the beauty of the internet, you will never know if i'm black,white,yellow, if i speak tagalog as my native language or maybe korean. bottom line, you do a disservice to "your race" by creating a bigger divide with your so called "warnings" posted by
anonymous
on May 9, 2007 at 01:38 PM
"You know what amazes me" It shouldn't, in Kern a Black suspect is guilty until proven not guilty and that is historically accurate.
So the race card is always in play, not to recognize that is not realistic. As for judge Bush, his job is only to mantsin the status quo and cull those who might not " vote the right way" in the usual fashion. As for a mistrial, that is not why Bush was put on the bench and he would not grant a mistrial if the evidence hit him on the shnuzz, that is not what this trial is all about. You are right though, this was an easy case since both the victims and the suspects are Black, it not only made it easy, it made it a slam dunk as none who is anyone cares an iota about the plight of the victims and or the suspect. posted by
hvygoose
on May 9, 2007 at 01:46 PM
posted by
anonymous
on May 9, 2007 at 02:05 PM
Once Green produced the real driver of the car accident in Ohio, this trial was over. Brothers race should not convict him but it should not get him off either. The truth is Brothers produced no defense other than his "telling" his story and he seems to have been proven to be a liar even in that. Based on the facts, you have to lean towards the prosecution.
posted by
anonymous
on May 9, 2007 at 02:11 PM
You don't get it, once Brothers came in to the court room it was over, he was Black, he was man with the ladies and he was not an Evangelical, in essence he was dead!!!
posted by
hvygoose
on May 9, 2007 at 02:15 PM
posted by
anonymous
on May 9, 2007 at 02:19 PM
In the eyes of Kern, they are one and the same even before the trial, this is not San Francisco.
posted by
talkofthetown
on May 9, 2007 at 02:31 PM
No judge is going to excuse the only black juror in a black defendant case without a rock-solid reason. It won't even be a close call. The reason is no Kern County judge wants to be responsible for a horrendously expensive retrial based on a frivilous reason. That would be political suicide for a judge. We can debate the merits of what Judge Bush did after we find out. In the meantime, it is just speculation. And anyone who doesn't think black people don't get a fair trial in Kern County doesn't know anything about the integrity of Kern County jurors. You can spout all the claims of injustice you want, but give me an example. And let me nip Offord Rollins and Willie Leo Harris in the bud — both were convicted on hard evidence; Rollins got a light sentence because of his otherwise good record, and in the retrial six jurors still thought he was guilty. The fact is that jurors tend to believe middle, upper or wealthy class defendants. Brothers is one of those. We'll see how it shakes out in the next week or so. posted by
randomfactor
on May 9, 2007 at 02:34 PM
posted by
anonymous
on May 9, 2007 at 02:36 PM
Timec, I'm just curious.....if this man is found innocent.....will you say that he had a fair trial? If he is found guilty....will you say that he had a fair trial? Will your opinion of the process be based on the outcome?
posted by
hvygoose
on May 9, 2007 at 02:46 PM
posted by
anonymous
on May 9, 2007 at 03:53 PM
Before anyone jumps to the conclusion that a black person has no chance with a Kern County jury, maybe a reporter could locate and interview Offord Rollins?
posted by
anonymous
on May 9, 2007 at 05:40 PM
If this man is found guilty, what a laugh white Knight, this KERN!!
posted by
anonymous
on May 9, 2007 at 05:43 PM
Welcome to the Rantings Of Timec! So much hate makes one wonder where it could possibly come from. posted by
AudreyB
on May 9, 2007 at 05:43 PM
Timec and anon Both of you are suggesting that a black person goes into a jury room with predisposed opinions based solely on the skin color of the defendent. Otherwise, why bemoan the dismissal of a juror whose only similarity to the defendent is his skin color. What does skin color have to do with due process as long as a juror keeps an open mind throughout the trial?
posted by
AudreyB
on May 9, 2007 at 06:52 PM
posted by
culvermoon
on May 10, 2007 at 08:36 AM
What I read in today's newspaper regarding Kyle Humphrey making his five cents known as to why the juror was excused. Excuse me if I am wrong, but aren't you married to Lisa Green, Mr. Humphrey? I know that you used to be, and if you are now, do you find it responsible to make comments about your wif'e's or even ex-wife's cases? Our court system in this county is still the worst yet. Hearing some of Lisa Green's closing statements, if I closed my eyes and let my attention disorder take over, I thought she was giving the eulogy to her bosses funeral. "You have no love for your family, and you never have Mr. Brothers...." and on and on it went, I swear she was talkin' bout your Jagelestrom.
posted by
steveeswenson
on May 10, 2007 at 09:21 AM
To get the spouses straight, Lisa Green is married to Jeff Green, an attorney for Grimmway Farms. Kyle Humphrey is married to Superior Court Judge Colette Humphrey. Kyle was never married to Lisa. And we asked Kyle to comment as an independent observer of this case. P.S. Stay tuned about the dismissed juror. If my sources are correct, he was excused for an extremely valid reason. The judge will let us know at the end of the trial. posted by
culvermoon
on May 10, 2007 at 09:23 AM
Thank you Mr. Swenson for correcting me. My apology's go to the blog and newspaper......again forgive the bad info. on my part.
posted by
anonymous
on May 10, 2007 at 09:39 AM
It makes no difference what the verdict will be to these people who think a black man cannot get a fair trial. It only matters what his skin color is. If he is black, he must be innocent being persecuted by whitey. Have you forgotten about the beautiful black family that was murdered? Why is it more important to you that a black man go free than getting justice for this black family? I don't understand that mentality. On one of the other blogs, someone said "everybody lies". I guarantee that if he was truely innocent, he would make damn sure that he was totally honest and forthcoming with everything. If you are caught in one lie, not to mention the multiple lies he was caught in, why should anything he says be believable? It has nothing to do with the color of his skin! If you say that he is not guilty because he is black and can't possibly get a fair trial, THAT is injustice, THAT is racism. It is disgusting to me that you are more willing to believe that because he is black, he is getting screwed. If you think that race is such an issue, why was anyone arrested for the murders at all? According to you, blacks are sub-human, so who cares who murdered these 5 black people? I am sick to death of the race card being thrown around. Let justice be done. You won't like the verdict one way or the other, some people aren't happy unless they are angry and pointing the finger at someone. How about for once, you point the finger at the killer of this beautiful family and demand justice for the five black people that were killed. posted by
anonymous
on May 10, 2007 at 04:51 PM
to anon at 1:38 pm. Who are you to say that anyone who is anyone didn't care about the family that was murdered. Did you know their friends? Did you know the people that attended their church? Did you know any of the people that left memorials at there house? I bet you knew none of them and probably couldn't care less either because then it wouldn't fit in with your notion that no one cared for them because they were black. Children too young to testify were murdered in cold blood. Why??? They couldn't tell who killed them. But they were killed anyway and let me tell you something I am white and I cried and still do evertime I think of it. I don't care what color their skin was they were children and that is all that counts. This was a cold blooded personal murder to get rid of everyone in the family no matter how old they were. That hurts me and all mothers we don't care what race we only see the fact that they were children. And don't say that i only say this to cover up the fact that i am racist. Because i grew up in a family that acknowledged 2 kinds of people. You were either Officers or NCO and every holiday our house was a house of may colors because all single people or people whose family was elsewhere were invited to a meal and fun. posted by
anonymous
on May 15, 2007 at 12:41 PM
Timec, I think it is time that you get out of Kern County then. If it is so aweful and white people are so bad to you then leave. Im BLACK to the bone and I am blessed that I have such a wonderful life.
posted by
anonymous
on May 15, 2007 at 12:47 PM
Youmean you are a Black who has been thrown a bone? Don't you uncle tom, er, I mean Ed.?
posted by
culvermoon
on May 19, 2007 at 11:22 AM
Okay folks, this terrible mess is all over with. Take a look at those beautiful gravesites, and the dates of those babies that died, they never had a chance to go to school, fall in love, or get to be cool, all because Brothers is a perverted sex addict and now a multiple murderer. Now that it is all over, the end for Mr. Brothers is now the DEATH PENALTY. He even had the nerve to get his brother involved in his bullpucky crapola. How can you look in that steel mirror in that cell Brothers? You won't die from the death penalty, wait till you get to prison where they have their own justice system.....you just don't murder babies you idiot. posted by
culvermoon
on May 19, 2007 at 11:24 AM
By the way, do we know the reason why the black juror was excused yet?
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