Member Since: February 13, 2007 Last Signed In: September 27, 2007 Profile Views: 4650 Blog Views: 86110 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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Defense attorney Michael Gardina shows a photo of the phone base which Brenda Smith swabbed for DNA.
There were a mixture of at least three people who contributed DNA to that found on the phone base. Everyone in the family including Brothers was eliminated except for Marques Harper. The handset of the phone was missing when investigators searched the house. The prosecutor has presented evidence that Joanie Harper believed Marques Harper hid the handset for the phone in the days before her death. The other contributors were not identified. The defense believes someone other than Brothers killed the family and points to unidentified DNA and fingerprints at the house where the family was killed as proof.
Defense attorney Michael Gardina questions criminalist Brenda Smith.
DNA from Brothers matched DNA found in a glove tip found in the house under the items from Joanie Harper’s purse. She put the samples in the tube which she collected from the glove tip and added a chemical that would separate the DNA. She swabbed the back and front part of the glove tip to find DNA. She can’t tell where the DNA came from on the glove tip. She can’t tell if it came from the inside or the outside of the glove tip. Smith said there is no way to distinguish the inside of the glove tip from the outside. Smith explains degredation of DNA - they break into smaller and smaller pieces. Moisture, UV light, and head degrade DNA. The DNA can last for many years in the glove tip. She can’t tell how long the DNA was on the glove tip or any other item. Vincent Brothers was a major contributor because there was more of his genetic material than the other people who contributed their DNA to the mixture in the glove tip. There could be more than three contributors to the DNA found in the glove tip. She also can’t tell when the glove tip was severed from the rest of the glove.
For other dollar bills, she could not eliminate Marques Harper as being the major contributor, criminalist Brenda Smith testified.
The phone base had a mixture of contributors, Marques could not be eliminated as the major contributor. The remote control had a mixture, the three children could have contributed to the mixture. The baby monitor had a mixture, several members of the family could not be eliminated. Brothers did not add to the mixture. A gum wrapper found outside the house, could not be identified with anyone in the family. But the major contributor was female. Criminalist Brenda Smith re-tested the glove tip using a new type of tester. The DNA was a mixture of at least three individuals, a male-female mixture, with her not able to eliminate Brothers as a contributor. But she said the DNA had degraded. Does that affect your opinion if Brothers is included or excluded as a contributor to the DNA in the glove tip? No. She eliminated the rest of the family as potential contributors. Some peaks detected were foreign to all individuals. At least one contributors was not the Harper family or Brothers.
Criminalist Brenda Smith did further testing.
She retested the DNA from the glove tip to see if she could get a more detailed DNA analysis with a new type of testing. She also tested a JCPenney credit card, a baby monitor, a remote control, a gum wrapper, three paper receipts, a phone base unit and AC adapter, and some paper money and coins, swabbings from Earnestines hands, swabbing from Lyndseys hands, swabbing from Marques’ left hand and right hand, swabbings from Marques’ fingers. All of these items were found at the crime scene. She got results from everything. Earnestine’s hands and the JCPenney’s card was from the same source. Earnestine Harper could not be eliminated as a contributor, meaning she was probably the contributor. On Lyndsey’s hands, she had two contributors, she could not eliminate Lyndsey as a major contributor from her own hands. Marques hands and fingers, Marques could not be eliminated as the contributor, meaning it was his own DNA on his hands. The receipts she swabbed, some coins, are from the same single source. Marques could not be eliminated as the contributor. Paper money at the house, there was a mixture of at least three individuals, a male was a major contributor and Marques could not be eliminated and Lyndsey and Marshall could not be eliminated as a contributor.
Criminalist Brenda Smith started testing items from this case on July 11, 2003.
DNA profile were produced for Brothers, Earnestine Harper, Joanie Harper and Marques, Lyndsey and Marshall Harper.l Finger nail clippers were tested from Joanie Harper’s hands. She also swabbed the casings and pieces of latex. DNA resulted from the clippings, limited results from the cartridge casings and for one of the latex pieces, but not the second. One of the glove tips was found under Joanie Harper’s upturned purse and one in the back yard. The glove tip under the items from Joanie’s purse had DNA on it. It was a very, very weak results from the cartridge casings. She determined the sex of the contributor and two peaks of DNA fingerprinting, which is not enough to make a conclusion. For the fingernail clippings, Joanie Harper could not be eliminated as the contributor. She was able to eliminate all the other five individuals including Earnestine, Lyndsey, Marques, Marshall and Brothers. The glove tip revealed a DNA mixture, meaning from more than one individual, a male and female mixture. It appeared he was a major contributor to this mixture. She could not eliminate Earnestine and Marques. It was inconclusive as to Joanie, Lyndsey and Marshall. A mixture means a sample from more than one individual. She cannot give a maximum of individuals who contributed because some people might share certain DNA characteristics. She finished the report on April 30, 2004.
Deputy District Attorney Lisa Green calls Brenda Smith to the stand. She is employed by the Kern County Regional Crime Lab as a supervising criminalist. She has worked there 22 years.
She is trained to analyze DNA. She worked on the Harper family case. She went to the house where the bodies were found on the day the bodies were found, July 8, 2003. She was asked to bring sexual assault kits. Another criminalist found there was no evidence of sexual assault on Joanie and Earnestine Harper.
Deputy District Attorney Lisa Green calls to the witness stand David Jordan. He is employed as a detective with the Bakersfield Police Department.
In July 2003, he was assigned to financial crimes and did some work on the Harper case. He transported the items on Monday July 28, 2003, to the entomologist. This testimony is groundwork for the entomologists testimony, who will testify about the bugs found on Brothers’ car.
Deputy District Attorney Lisa Green calls to the stand Rich Novelli. He is a special agent with the FBI.
On July 16, 2003, he came into contact with the Dodge Neon. He took many photos of the car inside and out. He also removed some of the seatcovers to reveal more of the interior. The prosecution believes Brothers used this rented car to drive from Ohio where he was visiting his brother to Bakersfield to kill his family. The prosecutor must prove that there were enough miles on the Dodge Neon to cover a trip to California. On July 22, 2003, he was called to retreive bugs on the vehicle, anything that had wings and legs. Green is expected to call a bug expert who will testify that bugs were found on the car that are only found in the western United States. The other people who drove the car say they were never in the western United States. The defense has said that some of the bugs could really be found in other areas of the country. They tried to pull the bugs off with tweazers, but this did not maintain the bugs’ bodies and legs well. They took from the radiator and air filter. These parts were sent back to Bakersfield.
Deputy District Attorney Lisa Green calls to the witness stand Marine Sgt. Joe Castellanos.
Brothers was a Marine reservist. He enlisted in the Marine Corp. in 1984. He received weapons training on a service rifle as well as tactics. The Harper family was shot to death. Other witnesses who have known Brothers said he is not known to carry a gun or to have a gun. Reservists must prove they are still qualified every two years. Brothers requalified in 1987.
Deputy District Attorney Lisa Green continues to question Brothers’ ex-wife, Sharon Berniard.
How did he handle money issues? He paid most of the bills. She paid her own car bills. He was careful with his money. He was kind of frugal. At the end, they separated their finances. He didn’t spend money on her, mostly on things for the house or himself, she said. He was free spending on the house and himself. She knew he had another daughter by Shann Kern who he paid child support for. Brothers was not happy about paying child support payments. He said all the time that he didn’t want any more children. He thought at times, Kern wanted more money unnecessarily. He said he didn’t want to have any more children because he did not want to pay child support.
Deputy District Attorney Lisa Green calls to the stand Nadia Knight, 30, Brothers former step-daughter. Her mother is Sharon Berniard.
They were married from 1993 to 1998. She lived with Brothers and her mother at a house on Barbados. She was in High School at the time. When Brothers and her mother separated that was the last time she lived with Vincent Brothers. She saw Vincent Brothers in Santa Monica on Third Street Promenade with her husband and daughter. She saw him on March 2003. She saw Brothers by coincidence. He did not speak to the women, but knew her as Carla Tafoya. Tafoya was about 10 feet away from her. Franklin Principal Carla Tafoya said she did not associate with Brothers during this time. In January 2003, Brothers and Joanie Harper married. She remembers this interaction because Brothers’ family was killed not long after seeing Brothers.
Deputy District Attorney Lisa Green calls to the witness stand Darlene Schimnowski. Between July 2 and July 8, 2003, she has records that in Brothers’ apartment there were no work order requests.
A detective said he found Brothers’ sliding glass door open in the apartment he was renting just after Brothers’ family was found killed. Defense attorney Michael Gardina asks if air conditioning work was being done on some of the apartments. She says there may have been. Does she have service people who bring air filters to the apartments? Yes, every three months. The managers listed Joanie Harper as the person to call. She said air filters are not changed on the weekends. Schimnowski said there is no record of air filters being changed in Brothers’ apartment during the month of July.
Deputy District Attorney Lisa Green calls to the witness stand Donna Tibbils. She is a hair stylist. She works in the Southern Oaks development on Barnes street. She moved there in January 2004.
Vincent Brothers was her neighbor. Prior to moving in, She would visit the house in June 2003. She bumped into a neighbor who was also having a house built. His lot was one lot away from hers. She and her husband struck up a conversation with this man. She does not remember his name. She identifies him as Vincent Brothers. Brothers said he was not married and had no children. Her husband asked him what kind of work he did. He said he worked in the postal service in Long Beach as a postal service investigator. He said he bought the house as an investment and said he wouldn’t be in it much of the time. Tibbils said the conversation lasted maybe 7 to 10 minutes. Later she saw Brothers living on Barnes Street. One house separated their houses. Defense attorney Michael Gardina questions Tibbils. She can’t remember what kind of car he was driving. She didn’t see him again after that conversation until he moved in. She moved in January 2004. Somebody she spoke to in her salon told her Brothers was building a house on her street when he was arrested. She doesn’t remember what clothes he was wearing. Another black man lives across the street. She doesn’t know when he moved in. She says she didn’t talk to him until after he moved into his house. When was the first time she mentioned to police this conversation with Brothers? She can’t remember.
Realtor Cher Silliman continues to testify about a house Brothers had built with a company she worked for.
She offered for Brothers to back out of the purchase of the home after his family was killed, at no cost to him. Brothers said he wanted to complete the house because it was his family’s dream. On July 23, 2003, Brothers did a walk through of the house. Defense attorney Michael Gardina questions Silliman. Brothers listed his house as 11610 Marizion Hill Court. His number there was 654-0958, she said. On July 8, 2003, she did not ask him anything about his family. On the news they said they couldn’t get ahold of him and he was so easy to get ahold of, Silliman said. In a previous interview, a detective said Silliman said that she called Brothers before she heard the family was killed. She said that is wrong. Brothers also brought his son Marques out to the house with him twice. After the reduction in size, the house had four bedrooms and three bathrooms with three showers. The house was changed on March 6, 2003. On the date Joanie Harper and the family went to the site, changes were made including: A change in appliances and an obscure window in the master bedroom and a gas instead of log burning fireplace, different doors. They were at her office and viewed plans of the office.
The foundation of Brothers’ house was poured June 12 or June 13, 2003.
The last time she contacted Brothers before his family was killed was on June 27, 2003. They discussed adding a shower to a half bathroom, on June 13, 2003. Brothers would have required more money to pay for this change. Be brought the check on June 27, 2003. He was supposed to bring it on June 20, 2003, but he did not appear. He said he had an accident and broke his arm and that’s why he couldn’t come in on the 20th. Brothers asked a Real Estate agent to talk to him about the house. The agent met Brothers‚ wife Joanie to change the floor plans in January 2003 or February 2003. They met at the model in Stone Creek. Two children were with them, a girl and a boy. We made a few changes to the house. The fifth bedroom were known as a "mother-in-law" unit with a bedroom and bath. Brothers said it was intended for his mother-in-law to be there. She never met Earnestine Harper. They wanted a raised hearth, tile around the fireplace, an obscure window in the master bedroom. They wanted a gas fireplace rather than a wood fireplace. Brothers cut out the mother-in-law unit on June 6, 2003.
Deputy District Attorney Lisa Green calls to the witness stand Cher Silliman. She was a real estate agent in 2003.
Her company built custom homes throughout Bakersfield. She first met Brothers in December 2002. He signed a purchase agreement for a home. He wanted to buy a house in “Southern Oaks.” He was alone in the initial meetings. He said he wanted more room for his family. She assumed he was married because he talked about a wife. The defense has said Brothers was building a house for his family to live in when they were killed. It is a semi-custom home, using one of the floor plans that already exists. The size of the house 2,674 square feet with five bedrooms. $280,000 was the price of the house. He added some squre footage, making the house 2,819 square feet. The contract was signed on Jan. 12, 2003.
Deputy District Attorney Lisa Green calls to the stand Shayanne Fothergill, 43. He was the Vice Principal at the school where her children attended.
The children attended that school from 2000 to 2003. She has had no contact with him since he was arrested. She got to know him personally and they dated. “If that’s what you want to call it,” Fothergill said. Outside of the presence of the jury: Green said this is the witness who you specifically ruled she could not discuss her sexual relationship. “They didn’t date, they had sex,” For eight months they got together and had sex while he was not married. It’s unfair for you to ask her if they dated. Dating to her is going out to dinner and they did not do that, they had sex, Green said. Bush has previously ruled that they cannot dicuss the sexual relationship. The prosecutor argues there is no prejudiced to her mentioning the sexual relationship because Brothers was not married at the time. Green wants her to testify that Brothers was frugal with his money. In 2003, this woman said Brothers told her he wanted a relationship and she told him no. They had sex in 2002, Green said. The jury is called back. They developed a relationship from June 2002 and November 2002. She believes Brothers is frugal based on the time she spent with him. He was very careful with his money.
Deputy District Attorney Lisa Green calls to the witness stand Collette Martin. She is a teacher for the Garden Grove Unified School District. Before that she worked as a criminalist at the Kern Regional Crime Lab.
She collected trace evidence from the scene. She has no expertise in hair and fiber analysis. Martin said she found a hair in the underware of Joanie Harper. But another expert examined this “hair” and said it was actually a carpet fiber. The defense believes the killer may have left behind several blond hairs, which were found in Joanie Harper’s bed where she was found killed. Martin also testified that there was no evidence that Joanie Harper was sexually assaulted. The prosecution would like to eliminate a sexual assault as a cause for the killings. She took fingernail clippings from Joanie Harper and she collected blood from the clippings. They were retained for further testing. Martin also found there was no evidence Earnestine Harper was sexually assaulted. Defense attorney Michael Gardina questions Martin. Do you know the difference between a hair and fiber? I was not trained to look at that magnatude of hairs and fibers. I cannot tell you if it was a synthetic hair and a fiber. She says she has never been shown the example to determine if the “carpet fiber” is the same item she reviewed and found to be a hair. Green requestions Martin. The prosecutor shows her a photo of a trace collection.
Deputy District Attorney Lisa Green calls to the stand Catherine? Kibbey
She is the crime scene supervisor for the BPD. She is a fingerprint expert. She processed a glove tip which was found under the contents of Joanie Harper’s upturned purse. There were no latent prints on the glove tip. Defense attorney Michael Gardina questions Kibbey. She also processed a second piece of latex glove.
Deputy District Attorney Lisa Green calls to the stand Barrett Willingham.
In July 2003, he worked at the Airport Bus in Bakersfield as a ticket agent. On July 2, 2003, a ticket was sold at 5:52 a.m. to a person named “Brothers.” Brothers flew to Ohio on this date to visit his brother. A video is played from the Airport Bus. The prosecution and defense also stipulate about the authenticity of a video of Vincent Brothers in the Columbus Ohio.
A Kern Schools Federal Credit Union employee testified that on June 30, 2003, Vincent Brothers withdrew $1,200 from his account.
The prosecution believes Brothers withdrew this money so that he could pay cash as he drove from Ohio to Bakersfield. The prosecution believes Brothers made this trip to kill his family. The defense believes Brothers never drove back to California while he was visiting family in Ohio.
Janet Whitaker resumes testimony.
She has Vincent Brothers’ records from Kern Schools Federal Credit Union There are three gas station purchases on his account. She has the record for the charges made for the end of June 2003 and the beginning of July 2003. On July 2, 2003, there was an ATM withdrawl. On July 3, 2003, there is a charge from China Buffet in Columbus Ohio. She also has the statement from July 6, 2003 to August 6, 2003, This statement now shows a change of address to Real Road address. A person withdrew $200 at the gas station on this statement from Ohio.
Deputy District Attorney Lisa Green calls Janet Whitaker.
She is employed by Kern Schools Federal Credit Union. Whitaker handles debt cards and Visa credit cards. Brothers had an account at Kern Schools Federal Credit Union. She brought his account statement from April 2003. In this month, Brothers flew to Ohio to visit his brother. The prosecution has called this trip a “dry run,” for his July 2003 trip when the prosecutor believes Brothers flew to Ohio, then drove back to Bakersfield to kill his family. Brothers’ Visa credit card statement from April to May 2003. On April 13, 2003, Brothers made a purchase at Red Lobster in Ohio of $83.98. On April 16, 2003, Brothers made a withdrawl from an ATM on Chester Ave. of $100. This is a drive-up ATM. There is photography and there was photography of this ATM in 2003.
Sgt. Don Krueger takes the witness stand. He testified that he received a package of a buccal swab and booked it into evidence.
He was also present when Vincent Brothers’ apartment on Real Road was searched just after the killings. Krueger said the sliding glass door leading to the patio was open and the screen door was closed but unlocked. He also saw a birthday card at the apartment. He saw it in a drawer of a small table in the living room. Defense attorney Michael Gardina questions the witness. What else was in the drawer with the birthday card? He does remember. Were there photo albums? There were photos in the apartment, but he doesn’t remember if there were photos in that particular drawer. He refreshes his memory with a report. There were photos in the drawer with the birthday card. There is also an application for the apartment with Brothers’ wife and children on it. He noted the towels in the bathroom were not wet.
Deputy District Attorney Lisa Green calls to the witness stand Roy Bateman.
He worked in Elizabeth City as a peace officer in North Carolina in 2003. He booked a bucal swab from Bakersfield Police Sgt. Jeff Watts. The prosecution must prove who handled evidence from the time it is seized until the time it is entered into court as an exhibit. This is called establishing a chain of custody.
The prosecution and defense stipulate that a criminalist found that Marques, Lyndsey and Marshall Harper were given paternity tests and they were all found to belong to Vincent Brothers.
Deputy District Attorney Lisa Green calls Kaci Wilson to the stand.
She is employed at the Kern County Regional Crime Lab for the forensic biology unit. She has worked there five years. She tested the Harper family’s blood was analyzed for DNA. Vincent Brothers’ DNA was also examined, which was taken with a swab from the inside of his cheek. Wilson also examined the items found around Joanie Harper’s purse, which the prosecution believes were dumped from her purse by the killer. Those items included a little bag with several rings inside. The prosecution believes the killer was not a robber because valuables were left at the house where the family was killed.
Deputy District Attorney Lisa Green calls Rebecca Stokes.
She is employed as a crime lab technician for the Bakersfield Police Department. She processes fingerprints and does comparisons. She worked the Harper crime scene and went to Brothers’ apartment on Real Road. She seized miscelaneous paper from kitchen countertop or kitchen drawer. It is a birthday card. Some shoes were on the patio, she said. She said several plants were turned over and some papers looked strewn about. A potted plant is knocked to the floor of the kitchen. A photo of a white chair with a remote control nearby. A big plant is in the corner. There is a bicycle in the house.
Deputy District Attorney Lisa Green calls Michelle Frost.
She is the co-owner of One-Stop auto care. There are three locations including one on 34th Street called One-Stop Smog Inc. She has an invoice for a Smog Check. Vincent Brothers brought in a vehicle to be smogged in June 2003. He smogged the Jeep Cherokee, which he gave to Joanie Harper to use for she and their children.
Deputy District Attorney Lisa Green calls to the witness stand Jeff Orton.
He is employed by the county as the geographic information systems coordinators. He is in charge of digital map data. He determined how many miles separate Bakersfield and Columbus, Ohio. He was not told which route. He looked at the straight line distance if he were flying and the most expedient routes. The first was 58, to Barstow, I15 to 70 or 40. He used a mapping system similar to MapQuest. On 70, it would be 2,286 miles. On 40, it would be 2,248 miles. The prosecutor believes Brothers drove across the country while visiting his brother in Ohio to kill his family in California. The defense does not believe he had the time to make this trip. Orton said detours, gas stops and changes in elevation are not accounted for. He said there is a percentage of error of 1 or 2 percent. 2:50 He also calculated the distance from Columbus Ohio to Elizabeth City, North Caroline. He was not given a route. He tried to estimate the most direct course using major highways. He took two routes from 70 west to 95 south to 258, the Northern route. To the city, it was 648 miles. The Southern route was 644 miles. Brothers put over 5,000 miles on his rental car, but the rental car records were not well kept.
Deputy District Attorney Lisa Green calls to the witness stand Sheila Harding. She is a deputy city treasurer for the city of Lynwood. She flew to Columbus Ohio in 2003 for her son’s graduation. She went to Dollar Rental Car. She rented Brothers’ Dodge Neon.
She rented it when it was brand new, it only had one mile on it. She flew into Columbus in the early part of June 2003. She visited relatives. She drove to Michigan. She visited relatives at two residences. The drive was 3 1/2 hours each way. She went shopping and to the movies on one of the days and she took the car. But it was within walking distance. The next day she left from Columbus. Did she drive about 800 miles? Yes. That is how many the records reflect she drove. Defense attorney Michael Gardina asks questions. She told a detective she did not know the starting mileage, Gardina asks. She says that’s not true.
Deputy District Attorney Lisa Green calls to the witness stand Rachel Murillo.
She is an employee of Kern Schools Federal Credit Union. Green says Gardina’s comments are outrageous that the papers are not accurate. Brothers wrote Joanie Harper checks for $450. Dates included 9/1/01, 10/1/01, 11/1/01, 12/1/01, and 1/1/02. The prosecutor believes these checks were written in payment to Joanie Harper to support their children. Brothers opened an account at the credit union in 1992. One statement reflect all the person’s accounts. Sept. 11, 2003 through Oct. 9, 2003. What accounts were active on that statements. A saving account, a money market account and a checking account. How much money in savings? $8,852.34 How much money in the money market? $30,093.33 How much in the checking account? $1,254.18 A $2,500 check was written off the money market account to Melvin Brothers and was reflected on this statement. Melvin Brothers received money from his Brother so he could retain a lawyer after the family was found killed.
CROSS EXAMINATION
When Brothers showed her the annullment papers he was living at the apartment. She knew he married Joanie Harper in 2000. He had denied he was married, but she heard he was married. He told her he was going to visit his family in 2003. The relationship ended in Aug. 2002. She initiated the break-up. Since the family died, they have not been on a date or had sex. They have not had a cup of coffee. The trip to Santa Monica where he met Nadia, she remembers that in 2002 or prior, but not 2003. They never went to Santa Monica in that year. She never saw Brothers with a gun and he never discussed a gun. Did he deny Marshall? She said he never said any way. He told her the baby had real straight hair,that he didn’t look African American, but she doesn’t remember him saying either way. At some point he admitted fathering Marques and Lyndsey. Was Brothers ever violent with you in the past? No. Stricken. How did he treat you, other than dating other women? When we were getting along he was nice to me, but when we weren’t he wouldn’t speak to me or he would act like he didn’t know me. She says she was never at the house on Barnes. They did not go more than two months without being together. Since his family passed away, did you tell us about all the contact you had with Mr. Brothers? yes. She testified at the grand jury. Did you tell the detective while you were in Las Vegas you had sex with Brothers in 2003? He didn’t ask me that question. She didn’t offer the information. When you testified before the grand jury, did you neglect to mention you had a sexual relationship with Mr. Brothers in 2003. She doesn’t remember exactly when they had sex in 2003, probably in May. When you were working out with a friend in August 2003, you saw him but did not talk to him? Yes. A second encounter at the gym, he said hi and she said hi. She left for Las Vegas on July 8 and saw Brothers truck at the airport bus.
Birthday card with Tafoya’s signature on it to Brothers. When is his birthday? In May. Did you give Brothers the birthday card? Yes.
Did you give it in 2003? No. In 2002? It would have been 2002 or 2001. She signed the card, I love you. And that’s how she felt about him at the time she gave the card. She still cared about him, but she wasn’t happy or content. In the Fall 2002, they had meetings where they would see each other or at the gym. She dated other people in 2002. She does not remember speaking much after the break up. She heard a rumor that Brothers and Harper were married in 2003. In 2003 did the relationship with Brothers become more than workrelated. We didn’t start dating each other, but we did see each other. He sent her flowers in 2003. In May of 2003. To her job. They saw each other a few times. Did they make a trip to Santa Monica in 2003? No. When was the last time they went to Santa Monica? In 2002. Did she remember seeing his step daughter Nadia Bernard in 2002? Yes. She heard Joanie Harper was pregnant in 2003. How would she describe thier relationship in May and June 2003. They went out to dinner one time. He denied he was married at the time. She asked him before they went out to dinner. He didn’t give any indication that he was married to her or he was seeing her. Did you specifically ask are you married to Joanie harper, yes she he denied it. She wanted proof about where he lived. He showed me he was living in an apartment. Where did he take you? To his apartment on Real. She thought it was a friendship in 2003, but she didn’t know how he felt about her. She had a sexual encounter in late May 2003. We only saw each other a couple, a few times. Two or three times in May and June 2003. Japenese restaurant, got a coke, had sex at her house. When they went to the Japanese restaurant he wanted sex and she told him no. They were watching television.
When they were together their relationship was sexual. Did he tell you he had a son named Marques? No, he denied it, but at some point he did have a son.
She asked him more than one time and she does not remember if he denied it more than one time. She doesn’t remember when he told her he had a son. She never met Marques. At one point, he told me Joanie was going to school at night and he was going to be taking care of his kids. She didn’t want her around the children, he said. They discussed getting married in 1998. He had asked me if I wanted to get married. That conversation took place in Santa Monica. They just went for the day. Is it painful to testify about these times? It’s not comfortable to have to talk about it. What were the circumstances? He just asked me if I wanted to get married at a mall in Santa Monica shopping. He bought a ring while we were there. It was a cold ring with a diamond on it. An engagement ring? Yes. They talked about marriage before but they didn’t set a date or tell anyone. How long had theybeen dating when he proposed? Two years. How did the conversation evolve? He just said did you want to get married, and I said yes and he gave me the ring and she wore the ring. She never told her parents she was engaged. She never planned a wedding. When in 1998 would you say it was? I don’t remember the exact time. During Christmas? She doesn’t remember. Does she still have the ring? No. What happened to it? Something happend, maybe I found out he was with somebody else, I don’t remember, but I have it back to him, and we stopped seeing each other. She believed he was having an affair on her? Yes. Was one of the women Joanie Harper? Yes. She heard through other people and heard at one point he had married her. What was the timeframe she heard they married? Doesn’t remember. After he proposed? She thinks so. He denied the marriage. How many times were you aware Joanie Harper and Vincent Brothers were married? She onlyknew about one marriage at the time the family was killed. She asked him more than once. he denied it and then admitted it and showed her paperwork the marriage was annulled. It was prior to 2002. Tafoya doesn’t remember the specifics. In 2000, sometime during that year, they were together. They were never apart more than one to two months. Did she speak with Joanie harper? Yes. Over the phone. She had called her and asked if my car had been scratched. She said yes. She said she scratched it and she apologized and offered to pay for it. What happened before? Did she have any interaction with Joanie Harper? One time she was at Vincent’s house and she saw a woman’s name and phone number and she didn’t realize it was her number. She came over to his house and I left. Where was he living at that time? She saw him at a house demarkated by the number 64 at the Skylakes house. She was at the Sky Lakes house during the day and she found a piece of paper. Why did she call it? Irrelevant. Whose did you think it was? Irrelevant. Did someone answer the phone? Yes. She spoke with the person. I thought he was seeing some other girl, not Joanie. It was immature, I acted like I was him to see who this girl was. It was something silly to do, I shouldn’t have done it. She doesn’t remember the exact conversation. The person hung up. Did someone come over to the skylakes residence? Yes, Joanie. She had already met her at the Christmas Party. Tafoya left right away. She walked up and I left. She was outside and she left in her car. When was this? She doesn’t remember the date of the year. It was after he heard she had a child with Joanie Harper. Was her car keyed after that? She doesn’t remember the timeframe. She and Brothers were not getting along because she suspected he was seeing someone else. Brothers introduced her as Carla. She doesn’t remember his refering to her as his girlfriend. Tafoya would refer to him by his name. In public, she would introduce him by his name. Between Sumer of 2000 and Summer of 2002, she heard he fathered a second child. She asked him about it and he denied it. He later admitted he had a third child. She never met Lyndsey. She finally broke up with Brothers in 2002 right before school started. They went to Las Vegas in summer of 2002. She is close with her family and they didn’t approve of the relationship, she knew it wasn’t going to go anywhere. Did it take you five years to realize it wasn’t going to go anywhere? No I think I knew prior to that? Why didn’t you end the realtionship prior? We had broken up. we had gone back and forth. I don’t know. Were you in love with him? At some point, and she told him and he told her he loved her on more than one ocassion. She told Brothers she wasn’t happy and she wanted themto go their separate ways and he agreed. He said it was his fault the relationship didn’t work out. He didn’t try to talk her out of it.
Deputy District Attorney calls Carla Tafoya to the witness stand.
She is 39 years old. She had never been married. She is a principal for BCSD at Franklin Elementary. She has been employed with the district for 16 years. She has been Principal for three years. She began there in 04. Before she worked at Longfellow then Thorner Elementary. She worked at Longfellow from May 10 of 04 to the end of the school years. She was interim principal. She also worked at Thorner Elementary in 1999 as a Vice Principal. What were her duties at Thorner? OVerseeing student services, student intervention teams, student council, student diciplines. Now she works on student achievement and academic achievement. Before Thorner she was at Washington From 98 to 99. Before them she was a school counselor. Before then she was a teacher. She has no children of her own. She met Brothers in 1997 while she was working at Hort Elementary. She points him out, but doesn’t look at him. When she first met him she asked him for directions at Emerson. A chance meeting. How long did she interact with him? Just briefly. Never met or talked to him before. Sometime in 1997. She came into contact with him again when they spoke with one another. She doesn’t remember how they ended up seeing each other again. They spoke on the phone. She thinks he called her. We didn’t exchange numbers at that time or anything like that. I don’t remember how we came into communication with eachother. They developed a talking relationship then they began to date each other. What did that involve? Going out to dinner, to the movies. When? In 1997 or 1998. Was Brothers married at that time? When I first met him he was separated from his wife. He told her he was separated. She never met the wife he was separated from at that time. They would go out to dinner in public and at restaurants. They saw each other once a week. She liked him. He took her to his house. Green shows Tafoya photographs. She remembers the Barbados house. That was the first one she visited. It is located near Ashe in the SW. She lived in the southwest as well where she still lives today. She never lived with Brothers. She stayed at his house, but we never moved in together or owned a home together. She would stay the night at Barbados in 1997 and 1998, most likely, at least in 1998. She doesn’t remember the exact dates, but they had a sexual relationship during this time. When they would go to dinner and movies. They would also go to the gym at 24 Hour Fitness. They did that regularly. Theyw ould play tennis, go on the bike path, roller blade. Did he mention children? Yes. He said he had a daughter named Margaret. She met Margaret. She came and lived with him for a while and she visited him 4 or 5 different times. They went to Magic Mountain togethere with Margaret. She also met Margaret’s mom Shann. When did Margaret live with him? She doesn’t remember. Did she go to pick her up at a baby sitter? She doesn’t remember. Did Brothers have another job? He worked at a group home. She doesn’t remember when he worked there. Which nights. Brothers met Tafoya’s father. Her father went with them to eat one time. Did you want him to meet your father? I introduced them, so I guess. I invited him. How would you describe? I like Vincent Brothers a lot. Were you in love with him? Um yes I would say at some point I did. She is very close with her family. She characterized their relationship as committed, exclusive. She was not seeing anyone else. Was Mr. Brothers in a committed relationship with you? Irrelevant. Did problems develop? Yes. When? Early on in the relationship in 1998. Did they have verbal fights? Usually he would just ignore me or not talk to me as if he didn’t know me. I would call him and he wouldn’t answer.l He would withdraw from me. Would that last more thana day or two? Yes for weeks or months. She said their relationship was on and off from 1998 to 2002. Were their times when the dating relationship stopped and it would start up again? Yes. From 1997 to 2002, did you travel together? Yes. Where? Santa Monica, Universal Studios. To Universal Studios with his daughter Margaret, on a different day than Magic Mountain. They went to Las Vegas twice. The last time was in 2002. She doesn’t know when the first time was. Why Las Vegas? Just on vacation. Just the two of them. When you first started dating Brothers he was still at Emerson? Yes. He worked in the office as Vice Principal. He said he was moving to Fremont as Vice Principal. During the course of 1999, were you seeing Vincent Brothers during 1999. Yes. Was there a full year you went out together? No. What was the longest period they didn’t see eachother? A month or two months. Usually he would initiate contact by calling or leaving a note on her car. He sent her flowers on more than one ocassion to her job. In 1999, did you discover he fathered a child with Joanie? yes. How did she find out? She heard it through other people. She asked him about the child
Defense attorney Michael Gardina questions Maria Crisafulli.
Crisafulli said she was born in Rome Italy and she came to the U.S. in 1985. Sometimes she has difficulty with the language. He always told me nice things about his wife and their children. And said he would try to be there for her and the kids. When she read the story in the newspaper she realized the dates she said were wrong. She says Brothers introduced her to his friend Kenny.
Maria Crisafulli, 39, is called to the witness stand.
She works as a school bus driver for Bakersfield City School District. She was hired in 1999. She met Brothers at Fremont School. She hasn‚t seen him since December 2006. She has visited him regularly since his arrest. She doesn‚t know how many times since he was arrested. Does 78 times ring a bell? Green asks. In 2002, she said they ran into each other and they started talking. She gave him her number. We met and in 2002 we became close at one point and that was it. She gave him her telephone number so he could call her while they were talking at KFC in Jan. 2002. After January 2002, they were just friends, that‚s it, nothing more. Something happened in 2002, but that was it. We ran into each other again, this time at the Taco Bell in March 2003. Did he ever call you after you gave him your number in 2002? Yes. But they never went out together. We met at the park by my house in 2002, maybe in April. Did you and Mr. Brothers have some type of a relationship in 2003. We never had a relationship. We were mainly friends. Became sexual in 2003. He never gave me the time of day so we lost touch. When did they start having sex? 2002. How about in 2003? We did not have a sexual relationship in 2003. What is your time frame in 2002 when you say you had a relationship with Vincent Brothers. What month in 2002 did you have a sexual relationship? January, February and months went by, we lost touch, I don‚t remember. On July 9, 2003, she told detectives that on January 1, 2003, you were at Brothers residence and the relationship became sexual. "That day I was really scared, I was frightened, I was nervous," Crisafuli said. When was the last time you recall having sex with Vincent Brothers? February 2002. Do you recall telling a detective that you ended relationship on June 29, 2003? Doesn't remember. Did you tell detective you broke off with Brothers because he just called for sex? No. Brothers told you he was divorced and wanted to explore new opportunities with you? No. She told detectives she would have sex at the group home where Brothers worked? She denies it. Did you tell detectives that when you tried to talk about Brothers‚‚ martial status or wife he would become quiet? I know he became reserved. Says she didn't know Brothers got married in January 2003. Did Brothers tell her not to discuss the relationship? She doesn't recall. Did she used to see Brothers‚ truck parked on P street? Yes. She wasn't sure if he lived there. Did she go to a house on Horizon Hill? She doesn't remember. When was the last time before the homicies you saw Vincent Brothers/ June 2003. Where did you see him? Sandra Drive where he worked at a group home. Why did she go there? That's where we called it off. Who's idea was it for you to go there? We both agreed I guess. Did you have sex with Mr. Brothers? We didn't. Did you tell the detective you first had sex with Brothers this night and later claim you didn't? No she doesn't recall. What did they talk about during that visit? General, what have you been up to. Did you have discussions about excalating your commitment with Brothers? She says she didn‚t ask for a commitment. Did you tell detective you wanted a commitment? No. Did he tell you he just finished with his ex wife and didn't want to be "displaying" with somebody else? No. Did he tell you a relationship with you would not look or feel right? No. Did he make you feel like a piece of meat? No. Did you tell Brothers you were going to stop seeing him if he didn‚t commit? No Didn't you have conversation with him about your relationship? No, no relationship, I don't remember that. Did Brothers tell you that he wasn't going to stop her from leaving? No. Brothers told her he was going on a trip out of town. She doesn't remember when he said he was going to leave. She says she never had sex with him at the group home or his apartment or her place. Was Brothers wearing anything on his hands? She doesn't remember. What is their relationship now? Friends. How would you describe your relationship in 2003? We were friends. Gardina asks for a mistrial because Crisafuli talked about sexual relationship in 2002. "She's a liar I had no idea she was going to lie," Green said of Crissafuli.
Green calls to the stand Elizabeth Marquez. She is employed as a secretary in real estate. She has known Brothers for 9 or 10 years.
He was working at Emerson Junior High while her daughter attended. She saw him at a boys’ home where he worked on Sunday, June 28, 2003. Marquez said they were friends. He worked there Sunday and Monday nights. She was at the home for about an hour talking outside. At first he wasn’t wearing a brace and then later he was wearing a sling or a cast on his arm. He was rubbing his arm and hand a lot. He said he got into a bicycle crash. Defense attorney Michael Gardina questions Marquez.
Lupe Hernandez works at Fremont School. She is a clerk.
She says she had a sexual relationship with Brothers in 2003 in the beginning of the year or maybe 2002. The relationship ended at the end of the school year at 2003. They would have sex at his home, a house. She also went to an apartment on Real Road in an upstairs apartment. She had sex with him at the house and at the apartment. Did Brothers’ discuss his personal life? Not really. She asked him about his family and he said he was not married and had never been married in 2003. She said she did not want to go out with a married person. She believed him. He didn’t have any children as far as he knew, but in 2003 she knew he had a son who went to preschool. She doesn’t remember asking about the child. She doesn’t remember how she discovered he had a son. She shows her some photos of houses. Charles Pilley was the principal of the school in 2003. She doesn’t recall if it was at the end of 2002 of in 2003. Did she tell the prosecutor she did not have a sexual relationship? She said she wanted to protect her family. Did Mr. Brothers have photographs of children at his office? There was one picture of his son with somebody else. She may have said Brothers had a picture of an older girl and a smaller boy in his office. Green questions her further.
The judge takes a break so that he can consider the Lupe Hernandez testimony.
Bush researches the issues. He says Hernandez’ name was never mentioned. On Jan. 9 Bush said he thinks three alleged mistress’ testimony is enough from 2003. The judge says he will allow one of the women to discuss a cast but not their relationship.
Deputy District Attorney Lisa Green calls to the stand Lupe Hernandez.
Gardina objects because it is cumulative. Other women will testify to something similar that they had sexual relationships with Brothers while he was married to Joanie Harper. The judge rules only three women who had relationships with Brothers in 2003. Green said she wants to call a fourth woman who had a sexual relationship, but she would only ask her about Brothers taking on and off a cast. The judge says he needs to review previous rulings.
Esther Quiroz takes the witness stand again.
She says she has a hard time remembering dates. She denies telling DA’s office shetotally ended the affair when she discovered he had children with Joanie Harper. Green questions Quiroz again. She shows the photographs of the houses where Quiroz said she visited with Brothers at. She now says she never really looked at the front of the house and two of the houses look alike.
The jury in the Vincent Brothers case will go by bus Thursday morning to the house where five members of Brothers family were found dead.
Kern County Superior Court Judge Michael Bush told the 12 jurors and five alternate jurors they would ride by bus to the house and spend 20 minutes looking at the structure of the house. The judge told the jurors they can consider the layout of the house, but not the condition of the house or the shrubs because those may have changed. Brothers will not attend, but the attorneys, judge and court staff went along with security for the jurors. The house on P and Third streets has remained empty for the past three years. Bush told the jurors the house had been painted and new floorings had been put it. Deputy District Attorney Lisa Green said the house will soon be sold from the family of the deceased to new owners. She wanted the jurors to see the house themselves because the layout is odd. Green has argued that a stranger would have a difficult time finding his way across the house. Brothers’ wife and children were found shot to death in the wife’s room at one end of the house and his mother in law was shot at the other end of the house. Several rooms and hallways separate the two. The prosecutor brought in a three dimensional model of the house, which witnesses have been using to explain various issues, such as where bullet casings were found. The jurors will return this morning for further testimony.
The prosecutor calls Esther Quiroz to the stand. She works for special education she now works at Hort Elementary.
While working at Emerson Middle School she met Brothers in 1993. Brothers was dean of students when she met him. She last had contact with him in 2002. Quiroz said she considered him a friend. In 2000 and 2001 did you have a sexual relationship with Brothers? Yes. Were you aware Brothers was married? Yes. Did you know he was married to Joanie Harper? No. She knew him when she was married to a woman before Joanie Harper, by the name of Shann or Sharon. He was previously married to a woman named Sharon Berniard. During the sexual relationship were you married? Judge says that is not relevant. In 2000 and 2001, would you meet Brothers in certain places to have sex with him? Yes. Green shows Quiroz the photo of a house. Has she ever been there with Brothers? Yes. Green shows another house, has she been there? Yes. Have you had sex with him at that house? Yes. Shows a third residence, asks if she’s been there? Yes. Did you have sex with him at that house in the 2000 2001 timeframe? Yes. What did they talk about at school at Emerson? We dealt with diciplinary issues with students. How many years work together? 1993 to she can’t remember Did he move to Fremont? Yes. Did she go? No. Did they continue to see each other? Yes. Would you have telephone contact? Yes. What were you talk about when you weren’t working at the same school? Did Vincent Brothers discuss his personal life with you? Never really got that personal. Did he talk about a woman named Carla? Yes he did. Did he talk about his children to you? His first daughter and he never mentioned the other children. Did you know he had other children. I heard he had other children but I never asked him about it. She asked about his other kids. He told her he knew Marques was his child and the others he wasn’t sure. The others meaning his daughter Lyndsey. He never denied his daughter Margaret. He talked about Carla on more than one ocassion? Yes. Do you know who Carla was? Yes. How does she know? Judge says it’s irelevant. What would he tell you about Carla? He did tell me he was falling in love with her and he was thinking of possibly marrying her. When did he tell you he was falling in love with Carla the timefroame of that? While he was at Fremont. did he use the word love? He did tell me he felt he was falling in love with her. What did they do together. They would go bike ride. He just said she was find and they did things together. Did he tell you about what the problem was as to why he was hesitating asking her to marry him? He told meher parents didn’t agree with their relationship. Did he talkto you about Joanie Harper? I don’t recall. Do you recall asking him if he was in a relationship with Joanie Harper? She said she asked whywouldn’t she marry Joanie Harper. He said she was an okay individual but he just brushed it off. She never asked if Brothers was with Joanie Harper. She doesn’t remember how many times she asked if Lyndsey was his child. When I asked him about those children, he denied them, he said he didn’t think they were his. Had you ever told anyone about the sexual relationship? I did not. Did you volunteer your story to the police? Gardina said the witness has no credibility. Bush said that was inappropriate, the comment. The judge asks the jurors to step outside, has his hands on his hips and appears to be shaking his head. Gardina said Green shouldn’t have said something would bolster her credibility. The judge said Gardina shouldn’t have said that. Gardina makes a motion for mistrial because the defendant didn’t own some of the houses identified until 2003 or 2004. He says the defendant is prejudiced. The judge denies the request. The jurors are walking back in.
The judge said he will decide after the break.
Gardina said the landing for the upper level apartment is shared among apartments so how could he heard for a specific apartment. Bush said he will allow the prosecution to confront the witness with his prior statements. The jury is called back into court. The trial resumes. Ulrich said his view of the courtroom was obstructed. He stands up and identifies Vincent Brothers as his upstairs neighbor. Ulrich said he knew him in passing. He does not recall hearing footsteps upstairs on July 5, 2003, where Brothers would have lived. Defense attorney Michael Gardina questions Ulrich. Ulrich says the landing upstairs accesses both apartments. Deputy Distict Attorney Lisa Green calls to the witness stand Bakersfield Detective Ryan Paslay. He interviewed residents around Brothers’ apartment. Ulrich told Paslay he hadn’t seen Brothers. But he said he heard someone walking around in the apartment above him which he termed as “normal activity.” Ulrich said he heard the footsteps on Saturday July 5, 2003 between 10 a.m. and 2 p.m. Defense attorney Michael Gardina asked how long the footsteps were heard? He did not say how long, Paslay said.
Deputy District Attorney Lisa Green calls to the witness stand Scott Ulrich. He was living in Bakersfield in 2003 at Casa Real.
He does not identify Vincent Brothers. He says he does not see his neighbor in court. His upstairs neighbor was a black man. He doesn’t know exactly how long this neighbor was living above him. Green would like to prove that Brothers was living in an apartment and not with his wife before the death of his family. Police interviewed Ulrich. He doesn’t remember the last time he heard his neighbor upstairs. Ulrich believes his upstairs neighbor lived alone. Did a detective ask him when was the last time he heard his upstairs neighbor? He doesn’t remember. Does he remember talking to detectives on July 8, 2003? Yes. Ulrich reread his statements to officers. He still does not remember when was the last time he heard someone upstairs. Green asks to be heard outside the presence of the jury. The jury is excused and Green says the witness recanted his statement on March 8, 2005. He gave a different statement, Green said. He told an officer he heard someone in Brothers’ apartment on July 5, 2003. He did not want to be involved, Green said. “This is not an honest failure of recollection,” Green said. She said he was arrested for a DUI had has bad feelings against the California Highway Patrol. “Everyone and his brother knows who Vincent Brothers is,” Green said. Defense attorney Michael Gardina said there is no link between the DUI and him changing his statement. Green wants to confront him with previous statements, which she can only bring up if she proves he is not honest when he says he does not recall. Kern County Superior Court Judge Michael Bush noted that the witness did not look toward Brothers before he was asked if his neighbor was in the courtroom. Bush said he will decide after the break.
Defense attorney Michael Gardina said initially one of the drivers were not found who rented the vehicle. The defense ended up discovering another person who also rented the car before Brothers.
The rental car employee said because the agency has undergone mergers, different queries could be run to find prior renters. Deputy District Attorney Lisa Green says this information is irrelevant because he does not know why other queries did not reveal the missing renter. Gardina believes there may be other renters that could not be found.
Defense attorney Michael Gardina said when the car was returned from Brothers’ to the car rental agency, it had 8,333 miles on it. But when the next person rented it, it had 8,133.
Tall explains this 8,333 is a generic number, made up and not taken directly from the odometer, he believes. Tall says mileage is kept on the car to determine service. The cars are serviced at 6,000 mileage, but Tall does not have a document to determine if this car was serviced at more than 8,000 miles when it was rerented. Records show Brothers drove about 1,500 miles when he rented a car from the agency in April 2003. Brothers visited Ohio in April 2003. One rental shows the person drove 1,800 miles, but he said he only drove 20 miles.
We'll concede at the outset that the mileage numbers reported for the rental car Vincent Brothers allegedly used aren't firm, but they do show he had enough miles on the car to go from Columbus, Ohio, to Bakersfield, and back to Norfolk, Va.
According to testimony Wednesday, Brothers put 5,424 miles on the car in July, 2003, when five members of his family were murdered. The short route from Columbus to Bakersfield is 4,520 miles round trip, plus another 583 miles to Virginia — a total of 5,103 miles. That gives him 321 miles to play around with. Attorneys in the case will argue the accuracy of these mileage figures, but if Wednesday's testimony is correct, then Brothers put enough miles on the car. This is the first question every reporter asked in July 2003 when the family was discovered shot to death in their home. Posted by Steve E. Swenson
Deputy District Attorney Lisa Green questions rental car employee Cheick Omar Tall.
Shawna Williams rented from Ohio the same 2003 Dodge Neon with the mileage of 863 when she left and 1,000 when she returned it. She rented it on June 13, 2003, and returned it on July 1, 2003, Tall testified, according to rental records. Tall says the mileage of 1,000 miles was probably typed in manually and guessed at instead of checked from the odometer. Another renter by the last name of Campbell rented the 2003 Dodge Neon on July 1, 2003 from Ohio with a recorded mileage of 863 recorded on the rental records. Why the discrepancy in mileage? Green asks. Campbell’s contract was generated while Williams’ contract was still open, Tall said. Campbell returned the Neon with 2,709 miles on July 2, 2003, Tall said, according to the rental records. Campbell has previously testified he drove about 20 miles. Vincent Brothers rented the Neon on July 2, 2003, Tall said. He rented it from the Columbus, Ohio airport at 6:44 p.m. He said the car probably wasn’t cleaned before Brothers received it because the car had just been turned in about 20 minutes before. Brothers' license has him living at an apartment on Real Road in Bakersfield. He did not have a reservation for the card. He secured it with a Visa credit card. The car was turned in Norfolk International airport with 8,133 miles. The mileage started at 2,709, meaning he drove over 5,000 miles.
Deputy District Attorney Lisa Green questions rental car employee Cheick Omar Tall.
Sheila Harding rented from Ohio a 2003 Dodge Neon with the mileage of 1 when she left and 806 when she rented it, indicating she drove 805 miles. She rented it on June 7, 2003, and returned it on June 10, 2003, Tall testified, according to the rental records. Linda Avery rented from Ohio the same 2003 Dodege Neon with the mileage of 806 when she left and 863 when she returned it. She rented it on June 10, 2003, and she returned it on June 13, 2003, Tall testified, according to the rental records. Avery previously testified she drove less than 100 miles.
Deputy District Attorney Lisa Green calls to the witness stand Cheick Omar Tall.
He works for a rental car agency, Dollar Rental Car, in Los Angeles. He is the city fleet manager and the custodian of records. Green would like to prove that Brothers put enough miles on the car he rented in Ohio to cover a trip to Bakersfield and back because she believes Brothers drove back to Bakersfield to kill his family. But the defense has said the rental agency does not keep accurate records about mileage, in part because renters are not charged per mile. Tall confirms that renters are not charged per mile. He says employees track mileage for maintenance reasons. Cars remain in the fleet for six months to one year or up to 30,000 miles. Tall says the oil is changed every 6,000 miles. He says the miles are noted after each time a renter returns the car. An employee has a handheld device used to track the miles and gas levels when a vehicles is returned. Very frequently the mileage is off, Tall said.
Deputy District Attorney Lisa Green continues to question criminalist Greg Laskowski.
He previously testified that the Harpers appeared to have a light lunch of sandwiches and nutritional drinks based on what he saw on the kitchen.
The prosecution believes the family was killed after they church and eating lunch out with friends.
The defense believes they were killed later than that.
Deputy District Attorney Lisa Green said she wants to put on evidence that Vincent Brothers appeared as though he was going to vomit when one of the detectives was talking to him once they contacted him in Elizabeth City North Carolina after the defense believes he just found out about the deaths.
Green believes Jasper Robinson saw Brothers hosing off vomit just after killing his family. Green said he vomits all the time. “That would cause that kind of reaction even from the most evil man,” Green said. Gardina said there is no evidence that anyone threw up in the back yard of the Harper house. Green said detectives weren’t looking for anything like that. “I think the more times I show this man shows up the more valuable this evidence becomes,” Green said. Kern County Superior Court Judge Michael Bush said he doesn’t think it’s relevant, but he is going to consider it.
The prosecution would like to present evidence that Vincent Brothers did not return a call to detectives when he was driving from Ohio to his mothers’ house in North Carolina.
Deputy District Attorney Lisa Green believes that if Brothers didn’t know about the killings, he would have returned a call from detectives. She wants to argue that to the jury. But the defense believes the cell phone was not working at that time and Brothers did not receive it. The defense believes Brothers did not find out his family was killed until his family and a minister met him at a gas station in North Carolina. The judge says a pre-arrest silence can be introduced unless the defendant is exercising the right to remain silent, according to case law. Green said several people called Brothers that day in regard to the homicide. When you’re across country you’re going to have your cell phone with you and you are going to have it on because you may need to talk to your family if you are a loving father and husband, Green said. Green said she can’t prove Brothers got the message. The judge asked if there is any record that Brothers retreived those messages. Green said she doesn’t have the evidence to show he retreived the messages. Green said she has evidence another woman left Brothers a message. Gardina said Brothers used his sister’s phone to call back to Bakersfield to find out what was going on from friends.Bush said he always has his cell phone and asks how a loving father would allow his cellular phone to die?Gardina said it is innocent. Green argues and Gardina interrupts her. ”We’re going to have Friday night jail sessions,” the judge said if the attorneys don’t stop making accusations at eachother. Bush said he will allow civilians to testify about not getting a return call from Brothers, but not detectives. The detectives cannot testify that Brothers did not return a phone call. Green also wants to show the jury that the defendant’s mother did not return a detective’s call that same day because she is biased toward her son and against the investigators. Gardina said Brothers’ mother was worried about her son and her first concern was not with the investigators. She also helped bring Vincent Brothers’ immediately to the police department. Green said the mom will say she did not receive the message.Kern County Superior Court Judge Michael Bush said if she didn’t receive the message, the message itself would be irrelevant. Green said she believes she is lying.Bush said it will only be an issue if she says she listened to the message.If she did hear it, Green can ask why the mom didn’t return the call.
Defense motion to introduce pay at the pump numbers.
There are only a couple of places where you can pay at the pump, Gardina said. The prosecution seized hundreds of tapes from gas stations they believes Brothers may have used driving to California where the prosecution believes he drove to kill his family.
But none of the tapes showed Vincent Brothers and the defense would like to submit this information to the jury. The judge said this is not meaninful enough because only some of the videos at some of the gas stations between Ohio and Bakersfield were seized.
The defense wants the court to reconsider the ruling based on the new pay at the pump information, that there are few places to pay at the pump.
Green said she wants to know which judge authorized an investigator to drive across country to get this information about which gas stations allow you to pay at the pump.
“It’s outrageous,” Green said.
She said how many gas stations allow to pay at the pump is “of no consequence.”
She said out of 500 gas stations between Bakersfield and Ohio 350 didn’t have surveillance.
“My ruling on the video tapes had nothing to do with if you have to pay at the pump or go inside the store,” the judge said.
“It would be a waste of time...given the small percentage of stores where video tape was taken..and the small percentage of time video tape was taken,” the judge said about screening the video tape.
Gardina said he wants to prevent Green from arguing that Brothers made it across the country stealthilly by paying for gas with cash at the pump.
Green said she plans to argue he paid with gas.
He paid for it with a $1,200 cash withdrawl he made before the trip, Green said.
Gardina said he wants to put on the investigator who has found few gas stations between Ohio and Bakersfield that allow someone to pay at the pump.
Green objects to this testimony.
Green said she isn’t arguing if someone can pay at the pump.
“What is that going to tell the jury?” Green asked. “That is a sheer waste of time.”
Kern County Superior Court Judge Michael Bush said he doesn’t see the relevance.
The motion is denied.
The defense's motion to dismiss based on the China Buffet receipt is considered.
Defense attorney Michael Gardina said a receipt bearing Brothers’ signature was destroyed by the prosecution with a chemical used to test for finger prints. Gardina said the prosecution has refused to stipulate the signature on the receipt belonged to Vincent Brothers. Deputy District Attorney Lisa Green said the value of a receipt from July 3, 2003, is not exculpatory to the defendant because she believes the killings happened on July 6, 2003. Brothers said he was in Ohio at the time of the killing, but Green believes Brothers drove back to Bakersfield to kill his family.Green said Brothers’ neices will testify they went with Brothers to the China Buffet. There were also bank records recording the purchase.But Brothers’ brother testified he used Vincent Brothers’ credit card in Ohio on the same day the prosecution believes Vincent Brothers’ killed his family. There would be no way to authenticate the receipt anyway because neither side has a sample of the defendant’s signature for comparison purposes, Green said.Green said there is no replication of the receipt that she can find. A detective testified at the preliminary hearing that the signature he seized from the China Buffet had a signature that he believed was similar to that of Vincent Brothers, Gardina said. The detective compared it to signatures from other signatures known to be that of Vincent Brothers’. A handwriting expert did examine the receipt from China Buffet to determine if the receipt was signed by Vincent Brothers’ brother and the expert said it was not signed by Vincent Brothers’ brother, Gardina said. Green promises to to attack the witnesses on this issue. But Gardina said Green will attack them on other issues and the jury will be left to consider her entire testimony. The receipt was sent to the FBI for testing in 2003. While there a chemical was placed on it to determine if it there were any fingerprints. The chemical ruined the signature. Bush says he wants to determine what the neices who went with Brothers to the China Buffet will testify to. Bush says he doesn’t know how valuable this evidence is to the defense.
Defense attorney Michael Gardina continued to question criminalist Greg Laskowski.
Isn’t it true that Joanie Harper was standing when she was attacked? Gardina asked.
I don’tbelieve there is any evidence she was standing when she was attacked, Laskowski said.
That is your expert analysis?
That is my opinion.
Are the wounds superficial because the person who stabbed Joanie did not have a lot of strength?
That is possible.
Could the stabber not have had the strength because he or she was using the wrong hand?
Possible.
Could the stabbing be superficial because Joanie was struggling with the killer?
Laskowski doesn’t think that’s possible.
Wasn’t the room in disarray?
Laskowski says some things were out of position. “I wouldn’t say the room was in disarry,” Laskowski said.
Was perpetrator male or female?
He doesn’t know?
The shell casings could have bounced off the ceiling when the killer shot Earnestine Harper.
It is also possible the casing would have bounced off the ceiling in Joanie Harper’s bedroom
Would that be consistent with a “gang style” shooter shooting with the arm extended.
That’s possible.
Defense attorney Michael Gardina asked criminalist Greg Laskowski if the killer would have had to get on the bed to stab Joanie Harper.
Laskowski said he would. During the break, Deputy District Attorney Lisa Green asked if she could inquire further on this topic. Previously the judge ruled she could not.Kern County Superior Court Judge Michael Bush said that because the defense raised the topic, he would allow the prosecution to pursue it further. The defense asked for a mistrial. The judge denied the motion.
Would there be blood transfer to the perpetrator? Gardina asked.
Not necessarily, Laskowski replied.
What about with Earnestine Harper?
Not necessarily.
If a person shot another person with a gun, the shooter may be spattered with the blood from the person shot, Laskowski said.
Did you examine the defendant’s apartment for blood?
Yes, on July 24, 2003.
Blood was not detected, Laskowski said.
Laskowski said his agency also took traces of plants and carpet fibers and other types of trace evidence from the crime scene to see if they would match trace evidence to the perpetrator.
Laskowski observed the kitchen has not been cleaned with the breakfast items were still in the kitchen and possible a light lunch was prepared.
At the preliminary hearing, Laskowski called the gun Earnestine Harper had as a Smith and Wesson. But Laskowski said he used it to designate the caliber.
Three live .38 rounds were also attempted to be fired by Laskowski.
Did you look for evidence in Brothers’ truck?
Yes, on July 11, 2003.
Laskowski photographed it, looked for blood stains and collected for trace evidence.
He also vaccumed the Harper house for evidence on July 19, 2003.
Defense attorney Michael Gardina continues his cross examination of criminalist Greg Laskowski.
Laskowski said the gun in question is fairly common. It could be manufactured by a person in his garage.
These guns pop the casing out to the right between four and ten feet, Laskowski said. But once they strike a hard service, they bounce.
The house was carpet, making the casings less likely to bounce.
Joanie Harper’s stab wounds are superficial, Laskowski says.
Could the stabs be inflicted at the time of death to Joanie Harper?
Yes.
Is that true of all her stab wounds?
Yes.
A remote control was between Joanie’s legs, Laskowski said. Her legs were dangling off the bed.
There was no blood on Marques’ chest, Laskowski said.
There was blood on the sheet where Joanie and the children were found, but Laskowski does not know whose blood that is.
The first two shots to Joanie Harper were to her head, Laskowski testified, because those two would decapacitate her instantly allowing the rest of the wounds to be landed without her moving.
Would the person have to climb on the bed to inflict the stab wounds?
Yes.
There are no kneeling prints in the blood?
Correct.
Was there any trace evidence someone was on the bed?
No.
Deputy District Attorney Lisa Green continues to question her witness, criminalist Greg Laskowski.
He examined 11 shell casings found at the Harper house.
All match and were fired from the same firearm, Laskowski said. They are .22 caliber brass cartridge casing. The gun used to kill the Harper family were .22 caliber bullets, the prosecution believes. The gun that killed the family was never found, Laskowski said.
Defense attorney Michael Gardina questions criminalist Greg Laskowski.
Laskowski looked through the Harper’s house and Brothers’ apartment and vehicles, but did not find the gun used to kill the Harper family.
The criminalist also looked on a database of guns to find a match for the spent shell casings, but has not searched that database for a couple of years.
A third witness has testified Vincent Brothers was in town at the time his family was murdered.
The latest is Audrey Wandick who testified she saw Brothers stopped near Brundage Lane and P Street in the afternoon of July, 6, 2003, the same day prosecutors believe Brothers killed his family in their house on the corner of Third and P streets. Wandick knew Brothers because her son was in regular trouble while attending Fremont School where Brothers was a vice principal. Earlier in the trial, a neighbor to the west of the Harper family house and a former student of Brothers who was visiting at a house to the south of the Harper home also testified they saw Brothers. The defense contends Brothers was in Ohio at the time of the killings. If he was really here, isn't that just like Bakersfield to have people who know you spot you around the place? Hard to keep secrets around here. The town is just too doggone small. Posted by Steve E. Swenson
The public generally and the police like to have eyewitnesses to crimes and crime scenes.
But sometimes, the caliber of eyewitness testimony isn't the stuff of solid rock foundations. Consider the testimony of Jasper Robinson in the Vincent Brothers trial. He says he saw Brothers in the backyard of the Harper family house on the day five members of the family were shot to death. That sounds like great prosecution testimony until the rest of the story is told. Despite being interviewed several times by police right after the killings, Robinson didn't mention seeing Brothers until several months later when he was jail himself on other matters. Then he said he noticed Brothers after he was urinating in his own backyard after having several beers. Could be true. Might not be something you'd want to bet a lot on. Posted by Steve E. Swenson
Kelsey Spann, a good friend of Joanie Harper, took the stand today and talked about her friendship with Joanie and Joanie's relationship with Vincent Brothers.
Both Spann and Brothers ended up in tears, apparently. This is at least the third time I know of in this trial that Brothers has broken down. The footage of him during the opening statements was pretty compelling. I wonder if that kind of stuff affects the jury?
A key element of the Vincent Brothers trial is how many miles he put on his rental car during his visit to Ohio in July 2003.
Should be simple. The mileage listed on the paperwork to take out the car and the mileage listed on its return. But apparently it isn't. Because the prosecution is putting on witnesses who drove the car before and after Brothers drove it. That's because the rental car company kept shoddy records, the defense claims. Also at issue in the trial is whether the defendant's brother, Melvin was coerced by investigators to give damaging evidence against Vincent. There's more coming on this issue, but tapes played Tuesday show that Bakersfield police Sgt. Jeff Watts simply offered proof that Melvin fibbed to them about using Vincent's credit card. That certainly feels like coercion when you're caught in a bald faced lie, but it's more like, "Hey, Melvin, do you want to get your story in line with the evidence?" Posted by Steve E. Swenson
Calvin Calloway, a former student of Vincent Brothers, is one of a few witnesses in the case for which there is an order prohibiting video coverage.
That's why we don't have video of Calloway testifying that he saw Brothers late on the night of July 4 outside the Harper home, a time in which the defense contends Brothers was in Ohio. Judge Michael Bush has allowed broad video coverage of the trial, but there are some exceptions for certain witnesses and Calloway is one of the exceptions. The judge on Friday made another interesting decision — denying defense attorney Anthony Bryan's motion for a mistrial. It seems a juror overheard Bryan saying "guilty, guilty, guilty" into his cellphone on a break. So Bryan believed that would be reason enough to declare a mistrial. The judge thought not. Posted by Steve E. Swenson |
