Both attorneys said they had no further questions for Brothers.

Defense attorney Michael Gardina said he has no further witnesses.

The jury is dismissed for the day.

Green said she found out the driver of the vehicle involved with the accident with the little boy. Green said she has the driver of the car. She said she just found him on Saturday. “I am uprooting this man’s life to get him to California.” He is prepared to testify on Friday afternoon. Green said she has many more rebuttal witnesses.

Green said she has 10 to 12 witnesses and certified copies of Kansas City Royals schedule. Green said she cannot fill Wednesday. Green said the only person from Ohio is the driver. Green said she will not bring the mother or the son.

Brothers said he would lock the door when he would leave his apartment on Real Road. He said he would normally keep the sliding glass door closed and locked.

Brothers said he did not go to Lamaze classes with Joanie Harper. Brothers said he remembered Michelle Baptiste asking him if birth defects run in his family, but he said he does not remember her asking him to come down to the doctor.

Brothers said he does not remember a knife block.

Brothers said he moved into 901 Third Street on March 1 or March 2, 2003.

Brothers said he sold his house at the end of February. Brothers said they were going back and forth between the house he owned and the 901 Third Street house.

Brothers said Joanie went to the hospital on March 28, 2003.

Brothers said Joanie booked his April 2003 trip. Brothers said he was leery about leaving her, but he said Earnestine reassured him everything would be okay.

Brothers said he did not get a call from Kelsey Spann on July 8, 2003. He acknowledges having the conversation with the Lennox Hills lady. He did not hear the phone ring when Kelsey Spann called. He said he did not get a message from Gary Little or Carla Tafoya.

Brothers said he does not recall receiving messages from anyone.

Brothers said he left a message with Joanie late Monday, early Tuesday to call him in North Carolina. He said he left a message on Joanie Harper’s cellular telephone.

Brothers said he could not figure out what the problem with the cellular telephone was.

Green asks Brothers if there was an incident where Joanie discussed his infidelity with a pastor in front of him. Brothers said he does not remember this.

Brothers said he returned to Ohio on Saturday July 6, 2003. He does not know how many miles he drove.

Brothers said he does not know how many miles the trips add up to.

Brothers said he took his cellular telephone with him.

He said he left between 8 and 8:30 on Sunday to go to Chicago. He said it was more than five hours. Brothers said he had to stop for gas more than once on his way through Indiana, Missouri and St. Louis.

Brothers said he does not have any receipts.

Brothers said he stopped and asked an Indiana State Trooper if he was going the right way. He was stopped at a median. He said it was a grayish car. He said the cars had black writing on them.

Brothers said he stopped somewhere downtown.

Brothers said he stopped for gas on his way to Chicago including once in Columbus and once on the way back. He paid with cash. He has no receipts. He bought food there with cash and has no receipt.

Brothers said he did not buy anything for Joanie on the trip. He said the trip took him about 12 hours. He said he does not know how many miles it was.

Brothers said he took a cellular phone with him to Elizabeth City, North Carolina. He said he had the wrong charger and it was not taking the adequate charger. He realized he got the wrong charger when he returned to Bakersfield on Friday with Curtis Floyd.

Brothers said the nap after church was their old routine, not their new routine.

Brothers denied talking to Donna Tibbles and her family. Brothers said he does not talk to strangers. Brothers said he met a postal inspector from Long Beach. Brothers denied that he told Tibbles that he does not have a family.

Did he tell Sharon Berniard that he was not going to have any more children because he did not want to have any more children? He denies this.

Brothers acknowledged paying Shann Kern $500 a month in child support.

“Joanie was totally different from Shann Kern,” Brothers said.

Green asked Brothers how much he thought he would be paying to Joanie in child support payment.

Deputy District Attorney Lisa Green continues to question Vincent Brothers.

She asks if Vincent Brothers paid for the burial of his family. Eddie Harper asked for help from Vincent Brothers and Vincent Brothers never offered, Green said. The defense said Eddie Harper took $10,000 from Joanie Harper’s bank account that could have gone to the funeral arrangements.

Brothers said he does not recall what happened with the funeral expenses. He said his brother-in-law, Will Jennings, handled that.

Green asks Brothers if Eddie Harper asked him to help. Brothers said he does not remember this conversation.

Brothers said all the money had had on him he gave to his brother and his attorney filed paperwork to help handle that.

Brothers said Will is married to his sister, Yvette.

Brothers said Eddie Harper called in March 2004. Did he tell Eddie Harper that he found out his family was killed at his mother’s house. Brothers says he misspoke.

Brothers said he got up early on Saturday and was planning to go to Indiana to catch a basketball tournament. Brothers said he did not plan to go with Troy. This is Sat. July 5, 2003. Troy asked to go with him. The trip to Bloomington was three hours. Brothers said he stopped on the way to get breakfast from McDonalds or Burger King. He paid with cash. They stopped to ask for directions and to buy fireworks, but he was told he could not carry them across state lines. The fireworks booth was in Indiana.

Brothers said he looked for the tournament, but it was advertised wrong.

“You don’t recall if it was at a school,”

“No I don’t recall,”

He said he used the rental car’s map.

Green asks Brothers if he was planning to be gone over night if the tournament would have happened. Brothers said he did not pack for an all-day event.

Brothers said the trip to Columbia, Missouri was five more hours. He said he drove. Brothers said Troy slept off and on.

Brothers said he never took a photo during the April, July or September trips.

Brothers said he already had information about the schools.

While he was in Missouri he bumped into a fraternity brother named Steven Bivens.

Vincent Brothers said he called his wife on Melvin Brothers’ phone.

Brothers said he called at Marshall’s feeding time.

Brothers said he was there when Marshall was being fed. He said he was not there when Marques and Lyndsey were being fed.

Brothers said the feeding times were throughout the day, but he can’t remember exact times other than midnight.

Brothers said he was not worried about waking anybody else up at the residence because the phone was right next to the bed.

Brothers now said that he called Joanie Harper on Tuesday morning.

Brothers now said that he called Joanie Harper on his cellular telephone.

He said he also tried to check his messages.

Green asked Brothers what he did on the day he arrived in Columbus, Ohio, on the morning of July 3, 2003.

Brothers said he drove no other car during this trip.

Brothers said he went to the China Buffet.

Brothers said that was the only time he used his credit card on that trip.

In the April 2003 trip Brothers said he used his credit card for a dinner at Red Lobster.

Brothers said he did not physically see Raquelle, he assumed it was Raquelle, in April 2003. Brothers said he went to look for the missing garage door opener. Brothers said he was asked to do this. While he was there, he heard a voice asking him what he was doing on Wednesday April 16, 2003. Brothers said he assumed it was Raquelle because no one else would have been in the house.

Brothers said that when the family returned from the China Buffet, they milled around until 5 p.m. when he took the girls for ice cream. He does not remember Tammy and the girls going to see fireworks.

Deputy District Attorney Lisa Green continued to question Vincent Brothers.

Brothers said he does not remember talking to Dande Brothers on Tuesday Sept. 23, 2003. Brothers does not remember asking Dande where Troy was, but he said he remembered looking for Troy.

He visited the housing development in Dayton on July 6, 2003, in the afternoon. Brothers said he thought Joanie Harper said she might go out of town around this time. Brothers called Joanie Harper at her house.

He bought pizza with cash. He also bought a baseball cap for Marques on Sat.

Brothers said he does not remember the hours he was at the mall. He drove from the mall to the housing development.

Brothers said he does not recall what time he went to Dayton. He said he picked up some information on the housing development in Dayton, but he does not remember where that info ended up.

He returned from Dayton at bout 7 p.m. on Sunday July 6, 2003.

Brothers said the crash with the kid’s bike did not damage the Dodge Neon. Brothers said his car was stopped when the bike hit it. Brothers said the boy was riding alongside the bike, the kid tripped and the bike ran into Brothers’ car, he said.

Brothers said the kid jumped up and picked up the bike. He said he asked the child if he was alright. Brothers said before the crash, he was lost and was driving up and down the street when he saw Madira Dowell. He thought he looked like his daughter Margaret.

Brothers said he put one foot on the ground and the child had gotten up and was ready to run. Brothers said the child was white. Brothers said he asked the boy if he was alright.

Brothers said he waved to Madira down before hitting the child. Brothers said Brien Adkins came out and he thought that was the child’s father. How was the weather? Sunny, nice.

Brothers said it took five minutes t

“Isn’t it true that you were not the driver of the car?” Green said.

Brothers denies this.

“Isn’t it true that you are lying about being in a Tamba Ledbie?” Green said.

Brothers denies this.

“Did you kill your family on July 6, 2003,”

“I love my family, I would never hurt them,”

“I would never hurt my family, never,”

Brothers said he gave the mother his insurance information.

Brothers said he never asked the boy’s name. She said she believes the mother was white. Was her name Angela? Brothers said he does not remember her name.

Did she tell you the little boy’s name was Brandon? No ma’am.

Brothers said he went back to the house and watched Sports Center.

Brothers said he did not see his family that evening. Brothers said he went in through the side door. Melvin woke him up early that morning to play video games.

“You didn’t feel responsible to tell them that you were going there,”

“Isn’t it true you purchased a tricket for your brothers on Sept. 24, 2003,” Brothers said. Brothers said he gave several members of his family his credit card number to make travel arrangements for grand jury testimony.

Green said during a taped conversation a car door can be heard shutting in the background. But Brothers said he has no car he was able to drive at the time.

The judge said there is no proof of this.

Green said Brothers was recorded on Sept. 23, 2003, talking to Gary Ray.

Brothers said he believed he was being recorded at this time. “I was concerned they would take things out of context,” Brothers said of why he told his family he believed he was being taped.

Brothers said he does not recall telling Melvin Brothers repeatedly not to talk over the phone because it was tapped.

Brothers denies using a second cell phone, pay phones and Maria Crisafulli, an alleged former girlfriend, to avoid phone taps.

On one of the wiretaps Maria Crisafulli tells Vincent Brothers that Troy Brothers missed his flight from LaGuardia, which the prosecutor said was on Sept. 24, 2003.

Brothers said he was in two branches of the military, the Marines and the Army. He does not remember the years, but he believes it was in the early to mid-1980s.

Brothers said he spoke with fraternity brother Steve Birchfield also known as Shake. Brothers said his name was “dogfish.”

Brothers said he enlisted in the Marines while at Norfolk State University from 1980 to 1986.

Brothers said his military obligation followed him to Bakersfield.

Brothers said he trained with an M-16 A-1 riffle. He said he was trained to shoot in bootcamp. He had to reach a certain proficiency. He went through the course once.

He was military police in the Army in Bakersfield. He had no additional training in firearms when he went into the Army.

Brothers said he has eight Brothers and two sisters. His brothers include Troy, Dande, LaFayette, Sidney, Anthony, Melvin, Alvin and Nathan.

Some lived in North Carolina, some in New York. He does not know where Troy was living at the time.

In April, Brothers drove from Columbus to Kansas City to see a sporting team and check out the area for schools. He wanted to check three schools on the way including Kansas University.

He did not mention the trips to Kansas University previously. He said that was Monday or Tuesday. Were the Kansas City Royals on the road at that time.

“Isn’t it true you couldn’t have seen the Kansas City Royals...because the Kansas City Royals were on the road,” Brothers said. He did not go to Kansas City to see a Kansas City Royals game, he went to Chicago to see a Kansas City Royals game.

Brothers said that when he went to Kansas City and bought a bus ticket, he did not identify himself for a bus ticket. But Green said he would have had to identify himself and that would have gone on a bus ticket. Green said the bus does not require identification.

During the September trip to Ohio, Brothers said he gave Troy Brothers a rental car that was rented for him within hours of him renting the car.

Green said Troy Brothers did not arrive in Bakersfield on Sept. 22, 2003, the day Brothers said he gave his brother the rental car.

Vincent Brothers took the witness stand again. He will continue to be questioned by Deputy District Attorney Lisa Green.

Expert witness Kenneth Solomon takes the witness stand. Deputy District Attorney Lisa Green is questioning him.

Solomon said he believes a person would be tired and dangerous on the road if he drove for several days without sleep.

Green said one study shows that caffeine can help overcome the effects of sleeplessness.

Solomon said this is true in the first 10 or 15 or 20 hours, but not in the long term.

“Beyond that it has many side effects and many problems,” Solomon said.

He said he worked as a police and safety commissioner for the city of Calabasas for five years from 2000 to 2005. That is an appointed position.

“He lied about his qualifications,” Green said.

Green grilled Solomon about putting Professional Services Reserve for Orange County when he is really a Professional Services Responder.

Green said a lieutenant from Orange County told him to make the modification and he told the lieutenant he would change it after this trial.

Defense attorney Michael Gardina questions Solomon.

Caffeine acts as a diuretic and can cause jitteriness.

Solomon said the person who wore an adult diaper for 60 plus hours straight would have rashes and it would smell and may stain the car seats.

Deputy District Attorney Lisa Green wants to question Vincent Brothers about a call Sgt. Jeff Watts gave to him, which he did not return.

Kern County Superior Court Judge Michael Bush wants to know what the relevance would be. The judge said this could have fifth ammendment implications because a defendant has a right not to talk to police.

Bush said Green can asked him if he received a phone call.

A secretary of Anthony Bryan’s called Sgt. Jeff Watts at the police department last week. Green said she directed Watts to call her. Green said she sounded as though she had been drinking or under the influence. Green said there has been another call. Green said the call has no substance.

The judge asks how she knows that is the same person who has been coming in and out of court. Watts said he does not know.

Bryan said he needs a few minutes to make some calls.

“I obviously have a serious problem here, I did not know this had happened,” Bryan said. “These are serious breaches of confidentiality.”

Troy Brothers was supposed to be in court at 9 a.m. on Monday. At 9:20, he was not there.

“She was sent home last week,” Bryan said. “I just really need to make a phone call. This person may be in my office.”

Green said Troy Brothers was subpoenaed last week and he is not here and Green wants a warrant for his arrest.

DA Investigator Charles Brown takes the witness stand. He served Troy Brothers with a subpoena. He gave him the subpoena on Thursday morning at Meadows Field at the airport terminal at 5:40 a.m. along with two BPD detectives and airport police.

The action was tape recorded, Brown said.

He told Troy Brothers the DA’s office would pay for his hotel and food. He has not since spoken to Troy Brothers.

Vincent Brothers said Troy Brothers was with him in the days around the time of the killings.

The judge issued a warrant for Troy Brothers’ arrest for $100,000.

“Fatigue will very much affect a driver,” Solomon said.

After 17 to 19 hours of continuous driver it was the equivalent of driving with a blood alcohol level of 0.05. “People perceived slower, people acted slower,” Solomon said. It gets worse after the person continues to drive without sleep.

After 36 hours to 60 hours driving without sleep there is “very serious danger,” Solomon said. Reaction time slows leading to serious consequences, Solomon said.

The ability to see well at night is impaired, the ability to keep the car on the roadway, the ability to stay awake is difficult, Solomon said.

He said it increases the risk of accidents, injuries and death.

He said it is not possible to make this drive at an average speed of 90 miles per hour because some areas would slow with traffic such as in Las Vegas.

He said if traffic were smooth through cities and assuming the car could perform over the hills, it would be possible to make the trip with an average of 60 miles per hour.

If the coroner’s investigator discovered the bodies at 10:18 a.m. on July 8, 2003, and if the pathologist places the time of death from 24 to 36 hours before that and if a phone call in Ohio at 8 p.m. pacific time on Monday, July 7, 2003, places Brothers in Ohio, how fast would someone have to go if they had 6, 5 minute stops for gas.

If the person took 22 hours to drive from Ohio to Bakersfield with 6, 5 minute stops for gas the person would have to drive an average speed of 107 miles per hour, the expert said.

A defense expert testified that it would take from 27 to 40 hours for a person to travel from Ohio to Bakersfield meaning 56 to 80 hours for the trip back. That includes about 6 stops for gas, food and bathroom breaks.

Vincent Brothers was last seen in Ohio by his family in the afternoon of Friday July 4, 2003 and his family saw him again on Monday July 7, 2003 at about 10 p.m., according to testimony from his relatives.

Brothers testified that he traveled with his brother throughout the mid-west during this time.

But the prosecution believes he drove back to California, killed his family and drove back to Ohio. The prosecution believes this trip was cover for the murders.

The defense expert believes that if Brothers drove an average of 60 miles an hour, it would take him about 80 hours round trip.

Defense attorney Michael Gardina calls to the witness stand Dr. Kenneth Solomon. He earned a PhD in Engineering and later studied reconstruction.

His runs a company of 24 employees. He has studied how fatigue affects driving. Solomon was asked if it would be possible for Brothers to drive to Bakersfield to commit the murders and return to Ohio.

He relied upon the reports in this case.

He considered the amount of time it would take to drive, get gas and get snacks. He had scenarios where the person stopped for 5 or 15 minutes.

Solomon has produced a computer animation of the trip.

He consider a route from I 44 and I 40. The route started from Melvin Brothers’ house. The first stop would be St. Elmo, based on the amount of gas the car would require.

He selected the fastest potential routes from Columbus to Ohio. He averaged 25 miles per gallon. A third stop is Oklahoma and a fourth stop in New Mexico.

The fifth stop is in Arizona. So far he has traveledover 1,000 with 360 miles per stop.

The sixth stop is Needles, California. So far 1,989 miles with over 300 miles since the last stop. The person goes on 58 to Bakersfield. That is 2,260.9 when he allegedly arrived at the Airport Bus station where the prosecution believes Brothers changed cars.

He said the car switch takes five minutes and the final route is to the Harper house. That is 39.5 hours at 60 miles per hour. 1.5 miles for gas stops. 37.7 miles on the highway. Car change at the bus stations is .3 hours for a total of 39.5 hours.

Including stops for gas, the trip one way would calculate:

60 39.5

70 34.1

80 30.1

90 26.9

Deputy District Attorney Lisa Green questioned defense expert Matthew Donohoe. She asks if cruise control is a standard feature on the Dodge Neon. Donohoe said the higher model does not have cruise control as a standard option. He would assume the lower model does not.

Green wanted Donohoe to point out where he wrote in his report that he contacted the manufacturer of the vehicle.

Donohoe said he deals with a lot of insurance adjusters and attorneys.

Donohoe said he was hired to see if it would be possible to drive the Dodge Neon between Bakersfield and Ohio.

Donohoe said he did not inspect the vehicle involved.

“I don’t think it would have made a big difference in this case,” Donohoe said.

“You assume it wouldn’t,” Green said.

“I would have preferred to have the same make and model that was not available,” Donohoe said.

“It would have also been an option to say you would not be able to do the work,” Green said.

Donohoe said wear and tear would affect the performance, but he said 37,000 miles would not make a big difference.

Donohoe said he does not know how many people drove the car, how they drove it or how well it was serviced.

Donohoe said he charges $200 for his work in the office $250 outside the office. For court testimony, he charges $400 an hour. He does not know the travel costs. He does not know how much the company has charged. He has not added up the number of hours he has worked on the case. Donohoe said he probably worked from 80 to 120 hours on the case.

The jurors are present.

Defense attorney Michael Gardina calls to the witness stand Matthew Donohoe. He is a senior forensic scientist at the Institute of Risk and Safety Analysis. He provides accident reconstruction for trials.

He studies biomechanics, which is the study of the body and how it interacts with its environment.

He has taken classes in crash investigation. He has also studied the performance of automobiles. He has qualified in 12 to 15 trials.

Donohoe was asked to determine the top speed of a 2003 Dodge Neon, the same type of car Vincent Brothers rented during a July 2003 trip to Ohio. The prosecution believes Brothers drove from Ohio to Bakersfield to kill his family.

He recorded such information as the length and weight of the car of 2003 and other years. Donohoe said he was unable to find a 2003, so he tested a 2004. Donohoe said the cars were the same. He tested it on Willow Springs Raceway in Rosamond to get it to a top speed. “We were only able to get it up to 100 miles per hour.”

Donohoe said he drove the car from Woodland Hills to Glendale and to Rosamond. “I found that at highway speed of about 65 miles per hour the car responded fine...Once I got over 70, 75 the car became very unstable...I was very uncomfortable at those speeds,” Donohoe said. “I felt that I was going to lose control at any time.”

Donohoe said it was difficult to get the car up to 80 miles an hour. He said it took a long time to get to that speed. Donohoe said the steering became difficult.

“Over those three miles I was tense the whole time,” Donohoe said.

Deputy District Attorney Lisa Green wants to discuss the statements of the expert witnesses who will testify about the speed a driver would have to drive to get from Ohio to California before these experts testify in front of the jury.

Green believes the experts would distort the truth.

Defense attorney Michael Gardina said these experts will calculate speeds a person would  have to travel if the person made the trips based on the testimony of other witnesses. The experts will also testify about the probability of getting a ticket driving these areas at these speeds. The experts will also testify about a test drive of a Dodge Neon, which is the same car Brothers rented in Ohio.

The expert will also discuss issues such as driver fatigue.

Green said she wants the judge to determine if these experts are qualified to testify. Green said she has gotten late statements from the experts including some yesterday and some this morning.

Green said this expert knows reconstructions in crashes and shootings but not all the topics Gardina will question.

The judge said he is not sure how an expert could testify about “maximum enforcement weekends” and the effects of no sleep.

The judge said he does not want this witness to comment on other witnesses.

Gardina still wants the expert to discuss increased patrol.

The judge said evidence that the fact that 90 percent of a police force is on the streets is meaningless unless the witness can testify how many police cars that means over how many miles of roads.

Gardina said he wishes Green would have brought this up before the trial started.

Kern County Superior Court Judge Michael Bush said he will allow the attorneys to have a hearing to see if they are qualified to testify about the “human factors,” or how a human would be affected driving these lengths at these speeds.

The jury is out of the room.

Defense attorney Michael Gardina calls to the witness stand Dr. Kenneth Solomon. He is a forensic scientist.

Solomon said “human factors” is how a person perceives his environment, such as how long it takes to brake. He has trained in engineering and psychology. He factors in witness statements, a person’s driving ability, and memory.

Solomon wrote two books on automotive crashes and safety. He said fatigue influences how a person drives. He said he has studied that people drive slower if they see police cars.

Solomon has studied driver fatigue.

Deputy District Attorney Lisa Green questioned Solomon. He said he is paid $200 for consultation, $250 for off-site work and $500 an hour to testify. Solomon said someone from his organization called these policing agencies and relied on other documents to determine how maximum enforcement works.

Green said she has asked for witness notes, but this witness said he has notes Green has not seen.

Green wants to review this material.

The judge asks the witness if he has notes. Solomon said he has no notes. He said all of the elements he depended on were noted in his report.

The judge sees hand written notes in front of the witness and the witness said the used these to add up the miles that would have been driven.

The judge said the witness has sufficient expertise to discuss fatigue, but he is not satisfied he can factor in law enforcement because he has not given enough details about this.

Green said there are no details on speed limits.

The judge said the defense can depend on common sense to argue that if a person drove say 90 miles per hour if they would get a ticket.

When Brothers applied to rent the apartment on Real Road in April 2003, Brothers wrote that his previous residence was on Real Road. Brothers said that was not a lie. Brothers said he wrote the wrong address.

Brothers gave a personal reference as Lupe Hernandez with the address of Fremont. He admits he was having a sexual relationship with Hernandez.

Brothers did not list any other people who would be living inthe residence. He filled that out in March 22, 2003 and signed it.

Brothers said no name or identification was required for him to give a name for the bus ticket.

Brothers said he bought the ticket and left on April 12 and flew home on April 20. He spent the first day with Melvin. They went to Ohio State to their aquatic center and hung out with the girls. Green said it is not true that Melvin with with him to Ohio State.

On the 13th they watched television and talked.

Brothers said he does not remember when he went to the Red Lobster with his brother.

Brothers said he left for Bakersfield on the evening that he was going to go to Kansas City baseball game on either Monday or Tuesday. He does not remember how long it took him to drive to Kansas City. Brothers said it took him 10 hours or more and he had a map from the glove box and by asking for directions frequently.

Brothers said he told Melvin he was going to Kansas City. He said it was 600 or 700 miles.

Brothers said he left from Kansas on Tuesday evening or Monday evening and went to Bakersfield. “Are you saying it was the fastest way to go home,

“Isn’t it true that you went hom because you were planning on killing your family,”

“Absolutely not,”

He said he told his wife and brother Melvin that be returned to Bakersfield. Brothers said he saw Joanie. “Isn’t it true that the locked were changed while you were in Columbus and you didn’t know that,” Green said.

“Actually I did know that,” Brothers said.

“Why didn’t you fly home,”

“I did not fly home because I was panicked and that was the closest thing that I would get to,” Brothers said.

He said he spent about 40 hours on the bus.

Brothers said he got to Bakersfield Wednesday morning and stayed until that evening. Brothers said he did not call Melvin to say he was going to Bakersfield. He said he left the cellphone on the bus.

Brothers said he took the bus back to Kansas. That would put you back in Columbus on Saturday. Brothers said he does not know when he returned.

“Why don’t you remember, because it never happened,” Green asked.

Brothers said he does not remember when he went to the ATM in Bakersfield.

Green showed Brothers a photo of him at the ATM.

Green said it was 8 p.m. on Wednesday April 16, 2003. Brothers said that does not help him refresh his memory.

Brothers said he did not spend the night. Brothers said he thinks he returned to Columbus on Friday April 18, 2003.

He thinks he could have been back in Kansas early Friday morning.

Brothers said it could have been less than 40 hours because it was an Express Bus.

Green asks Brothers if he has any proof he was in Kansas City.

Brothers agreed that he spent the majority of the time getting back to Bakersfield.

Vincent said he gave Melvin his credit card to use in April. Brothers said he does not know what he used it for.

Brothers told Melvin he did not have to pay him back for the $400 he borrowed.

Brothers said he does not remember talking with Kelsey Spann about the trip. Spann testified he said he was going back to Ohio to get money back he left to his brother.

Brothers said he did not know that Kelsey and Michelle had keys to the P Street door.

He admits he told The Bakersfield Californian in a letter that Earnestine Harper took the key from Kelsey Spann.

“That is what I witnessed,” Brothers said.

“No ma’am you’re twisting my words,” Brothers said.

“I was telling you that you didn’t give me a time frame,” Brothers said.

“After she took the key away, I didn’t know she had a key, that’s what I’m saying,” Brothers said.

The judge admonished the audience not to talk to the jurors or face a fine and jail time. But he did not specifically kick anyone out.

Defense attorney Michael Gardina said he would like the judge to declare a mistrial because someone talked to at least one of the jurors. Either one or more jurors said someone approached him and asked the jurors name, but the juror did not respond, the bailiff said.

Gardina said he wanted Kern County Superior Court Judge Michael Bush to enquire further about htis and asked for a mistrial.


The judge told the bailiff to go find out what happened. When the bailiff returned and gave the judge a note, the judge cleared the audience and said he would speak to the jurors by themselves.

Gardina said there was a juror who was being talked to by people in the gallery. Gardina said there was also a victims’ rally outside which he believes was staged for this trial.

Gardina asks for a mistrial because someone approached the jurors and asked them their names and asked them if they were jurors on this case. The juror told the bailiff he or she did not respond.

“Is the truth that Marques did not want to go or is the truth that your whole family wanted to go at alater time,”

Brothers said both are the truth.

Brothers said he does not know what kind of ambulance took Joanie away from the school.

Brothers does not recall asking someone where Joanie’s cell phone and keys were when the ambulance pulled away.

“Isn’t it true that you were more concerned with your wife’s cell phone and keys than you were with her,” Green asked. The judge said Brothers does not have to answer.

Brothers said Joanie booked a flight to Columbus for him. “She does it for me all the time,” Brothers said.

He does not remember when the flight was reserved. “Joanie is not pretty good with that stuff,” Brothers said.

“Did it occur to you that the health of your wife and your unborn child is more important than seeing the brother you hadn’t seen in 10 years,” Green asked. The judge said that was argumentative. Earnestine encouraged him to go.

“What was your priority,”

“My priority is my family.”

“Did you stay in Bakersfield with your family.”

“No.”

Brothers said that when he arrived at Columbus he rented a Neon from Dollar using his credit card. Did it have one mile on it? Green asked.

“Let the record reflect I was right.” Green said.

Brothers said he last saw his brother at their father’s funeral in 1993.

Brothers said he drove to Melvin’s without directions. He said he stopped frequently as gas stations and asked for directions.

Brothers said he does not use Mapquest.

Brothers said he does not remember calling his wife when he arrived in Ohio in July.

“Are you saying as you sit here today that you did not call your pregnant wife who was house bound,”

Brothers said he remembers calling, but not when.

“I would like the witness to be directed for the sixth time to answer the question,” Green said.

“Why are you smiling,” Green said.

“I’m not trying to be disrespectul,” Brothers said.

“I’m going to let her start arguing with you if you don’t start answering her questions,” Bush said.

“Would you have called her every day in July because you were concerned about her,” “Yes.”

Brothers said he stayed in Ohio from Saturday to Saturday. Brothers said he returned the car the day his flight left. Green said he returned it the day before. Brothers said he made a cash withdrawl before going in April. Brothers said he rented the apartment but did not move in there when he rented the apartment.

Brothers admitted bringing personal items to his apartment. He said he stayed at P street every night.

“I rented the apartment for the fact that I did not like the clients that were coming into the house,” Brothers said.

“I rented the apartment for us,” Brothers said.

Brothers said he doesn’t know what the form said but he rented the apartment for “us.”

Brothers denied that he drove to Ohio to give Melvin the check after the deaths. Brothers said he took a bus. He said he has no receipts for this trip. Brothers said he had a friend named Gary Ray. That Ray rented a car and allowed him to use it. Brothers denied driving that car to Columbus. He said it took him three days to take the bus. Brothers said he and his brother Troy drove the rental car back.

Brothers said Troy drove the rental car to Columbus.

“You don’t have to look at your attorney, answer the question,” Green said leaning over the podium.

The judge told Green not to argue with the witness.

Brothers said he did not see Troy in Bakesfield last week.

Brothers said it has been three years since he has spoken to Troy.

Brothers said Troy never visited him in jail.

Brothers said he first saw Troy on Sept. 18. 2003. Brothers said he drove the rental car to the apartment complex and Troy took it because he had “business” to do. Brothers had no vehicles at that time because law enforcement had them.

Brothers said he didn’t need a car because he was riding a bicycle. Ray offered to rent a car for him. Brothers said he did not look at those rental records. He said he drove the rental for about an hour.

Brothers denied he would mail him the $2,500 check.


“I needed some rest, I was under a lot of stress,”

Brothers said Melvin Brothers knew he was coming. Green believes Melvin Brothers did not know Melvin Brothers knew Vincent was coming.

Brothers said he left Bakersfield on a Wednesday. He does not know the date. He does not know where it went.

“Oh, come on,” Green said.

He does not remember where he bought the ticket from.

He said he does not recall.

Green asked if there was anyone on the bus who could verify that.

He took a taxi to Melvin’s house. He paid for both with cash. He said it was round $300.

Brothers said he stayed in Columbus an hour or so to drop off the check. He said he arrived on Friday evening.

Brothers says it was Sept. 24 when he left and he arrived on Sept. 26.

He does not remember what time he left Columbus. He guesses around 6 or 7. He said he stopped to get gas. He said he paid with gas. He said he also pulled over to the side to rest. “Why wouldn’t you use your credit card,” Green said. “I figured cash would be easier.”

He returned late Sunday or early Monday. He said it was late Sunday or early Monday. Troy accompanied him on the trip. They made the drive in how many hours? 48 or 50, somewhere in there. He said he did not drive the speed limit and he did not know which route he took because Troy navigated.

Brothers said he did not know if he took I-40 or I-70. He said he had no written directions. He said he was pulled over by the police twice. In Oklahoma Troy was stopped and searcched Troy and gave him a warning ticked. Brothers was stopped in Arizona.

“Were-you-speeding,” Green said.

Brothers said he did not know which road he was on.

“I’m terrible with directions,” Brothers said.

“You have seen approximately 100 witnesses testify before you,” Green asks.

“Were there toll routes?”

Brothers said there were in Oklahoma. Brothers said he checked his messages when he returned.

Brothers said he only saw Melvin and Troy in Columbus.

Brothers said he does not remember if he told Gary Ray that Troy was going to take the rental car.

Troy did not tell Brothers where he was going to go in the rental car.

“Why did you not give the $2,500 check to Troy to give to Melvin,” Green asked.

He said he did not know where Troy was going.

Brothers said Troy left in the rental car the same day the car was rented on Monday the day it was rented.

Brothers said Troy left the car in California at Brothers’ apartment.

He does not remember how long Troy stayed in California. Troy stayed until he heard the subpoenaes were quashed plus another week.

“Did you know Troy was going to be there,” Brothers said. “I knew he was going to be there at some time.”

“You did know he was going to Columbus and you could have given him the check,” Green said.

Melvin told Vincent that Troy was coming to his house.

“Troy moves around a lot,” Brothers said.

“Do you consider yourself to be an honest person,” Deputy District Attorney Lisa Green asked Brothers.

“Yes” he replied.

“Do you think that someone who has sex with someone while they are married is an honest person”

I”It depends on the circumstances,”

“What circumstances justified having sex when you are married to someone else. Tell us what those circumstances are,”

“There are no circumstances. I thought about it and I reconsidered my answers,”

“So you do not believe you are an honest person,”

“I believe I am an honest person who made a mistake,”

“Are you saying you are an honest person who was dishonest,”

“It was a mistake,” Carla Tafoya.

“Was it dishonest when you had sex with Lupe Hernandez when you were married to Joanie Harper:

“No,:”

“Was it dishonest,” with Shann Kern, Brothers said.

The judge said they can discuss this at the break.

“Was it dishonest when yo had sex with Maria Crisafulli when you were married to Joanie Harper,”

Brothers said that did not happen.

Brothers admits he had sex with another women in 2002. Earlier today he said they had sex early in 2002.

On Dec. 31, 2002, Brothers denies having sex with Crisafuli.

Brothers said they married on Jan. 25, 2003 and 2000. Brothers said his marriage was annulled in Sept. 2001. Did he have sex during this marriage. Brothers said he did not have a sexual relationship.

Green confronts Brothers with the testimony of Shayanne Fothergill who said they had sex during this marriage.

The jury is asked to go outside.

Green said Brothers’ character is at issue and that all of his extra-marital affairs are in question. The judge previously ruled only three affairs should be brought up in regard to motive.

Green said Brothers lied when he said he did not have sex with anyone during his first marriage to Joanie Harper.

“Why is it relevant,” the judge said, noting he was not married at that time.

“Clearly his character for truth and honesty is opened,” Green said.

The judge said his affairs when he was not married are not in issue.

Green said he wants to ask him questions about sleeping with Shann Kern while he was married. Kern is the mother of Brothers’ only surviving child.

“Shann Kern is extremely remote,” Gardina said.


Gardina moves for a mistrial for moving in the Fothergill relationship.

“The man made a mistake, it has nothing to do with truth or honest,” Gardina said.

The judge said Gardina said his affairs were “ignorance on his part.” He had sex with two women during his second marriage. “If it is ignorance on his part, she has the right to examine him on that.”

Bush said that if he has done this for 15 years, his answer on “ignorance,” comes into question and it is fair for the prosecution to question him on that.

Bush said he will limit it on the time he was married.

The jury returns.

Vincent Brothers said he was building a 4-bedroom, 3-bathroom house for himself, his wife, his children and his mother-in-law.

Joanie and Earnestine were aware the house was being built. Joanie helped make changes to it.
In June 2003, Brothers said he had an accident on his bicycle. He said he was doing sprints and a car pulled in front of him and he lost control of the bikes. He said he hurt his fingers and his wrists and his shoulder and his back. He said after some stiffness in his back he went to Bakersfield Family Medical Center where he was prescribed a splint.

Brothers said he could take the splint off to take showers and he was told to follow up with his regular doctor. Brothers said he went to his regular doctor who told him to exercise it so the muscles would’t atrophy.

Brothers said he knew Calvin Calloway. He said he taught English and History, he said he taught PE at another school.

Brothers said he ran into Calloway in the alley between the P Street house and the block wall adjacent. “They were smoking marijuana and it was coming into the house,” Brothers said. He said he had to move his kids. “I went out there and told them that if they didn’t leave I was going to call the police,” He said it was Friday the 27th of June, 2003.

Calloway said he saw Brothers on July 4, 2003, two days before Brothers’ family was killed.

In 2003, Brothers said he spoke to his mother on a regular basis. “I wouldn’t say frequently, I wouldn’t say not frequently.” “If she didn’t write, it was a mixture of the two,” Brothers said. At times the children would speak to their grandmother. He would sometimes call from his cell phone, Joanie’s cell phone, school, from the Marizion house before he sold it.

He also had a child by the name of Margaret. Brothers started to well up when he says he missed her graduation. “I went down to where she lived and I had a, Shann was supposed to meet me with, and I got lost so I kept calling and I missed it,” Brothers said. “I wanted to make her graduation.”

Shann lived in Fontana at the time, Brothers said.

“I called about five times trying to get ahold of her but I knew based on my experience with school that after a certain period of time, graduation is over,” “After I knew graduation was over I wanted to make it up to her by taking her up to...” Brothers said he called after the graduation maybe six or seven times.

Gardina shows Brothers cellular telephone bills.

Vincent Brothers went to see his brother in Ohio in April because his mother asked him to and that his brother was out of work. He had a conversation with Melvin and said something about coming to California to get married and Vincent said he sent Melvin a couple hundred bucks.

Brothers said he does not remember which airline he traveled. He went from Los Angeles to Pittsburg to Ohio. He had a cell phone at that time. He visited his brother in Ohio. He left his brother’s house to see a Kansas City Royals game in Kansas City.

On the trip he called home to check out things and Earnestine answered the phone which was odd and Earnestine said Joanie couldn’t come to the phone. Earnestine said the baby is on the way and you need to get here as fast as you can.

He traveled from Kansas City to Bakersfield on a Greyhound bus. He said he took his cell phone with him and made calls to Joanie on the cell phone. It took 30 almost 40 hours to travel to Bakersfield. When he arrived in Bakersfield sJoanie Harper was having indigestion and thought the cramps were coming back, but she was not having the baby.

“What did you do,” Gardina asked.

“Jump for joy,” Brothers said.

Brothers admitted to using the ATM because he spent all his money. He traveled back to Kansas city on a bus. When he arrived he got back in his car and left.

He stayed at Melvin’s house until his flight was due to leave and flew back to Bakersfield.

Vincent Brothers denied having sex with Tafoya in Sept, Oct. Nov. and Dec. 2002.

He said he remarried his wife in Las Vegas in 2003.

“Did you love your wife,”

“Yes,”

“Did you wife have an incident in 2003 when he was removed from Raford Johnson School by ambulance,”

“Yes,” In March 2003.

He learned he was having difficulties when someone called and said Joanie had fallen and he went to Raeford Johnson. Brothers said his wife was pregnant at the time.

“When I came in everyone was crowded around and I couldn’t get to her,” Brothers said. An ambulance driver told him not to get in the way. Somebody told him “mother” was on the phone and she was upset and Brothers said he tried to talk to her and tell her what was going on.”

“As they were loading her up they said I could go with her by the ambulance,” Brothers said.

“I just asked her what was wrong and she said she was having cramps and her back was hurting and I kissed her and she told me to go get the kids and that’s what I did. I told her I love her and that I would be right there.”

He got an apartment because “I got into a disagreement with mother,” Brothers said.

That occurred in the “latter portion of March,” Brothers said he wanted to call the police because one of her clients was threatening her and I intervened and he threatened me and she did not want him to call the cops. “He was a gang banger that she was trying to rehabilitate,”  Brothers said.

“Was Earnestine actively involved in the black community?”

“Yes.”

“I didn’t have an argument with mother, I had an argument with her client and he refused to leave and I told him I was going to call the police and she wouldn’t let me call the police,” Brothers said. “It first took place in the living room,” Brothers said.

“I figured I would just cool off and I went to take a shower,” Brothers said. “She came into the bathroom while I was in the shower thinking I was in the bathroom talking to the police...I got upset and left.”

“I went and talked to an apartment manager about gettting an apartment then I went over to see Joanie at Kelsey’s house, that’s when I ran into Kelsey,” Brothers said.

He said he continued to stay at the P street house every day even after he rented an apartment.

“Why did you stay at the P Street house,”

“Because Joanie was put on bedrest and she couldn’t move,”

He planned to move Joanie and the kids to his apartment but they couldn’t move because after the incident in the ambulance, she was put on bed rest.

He continued to help remodel the P Street house, starting in January. “I was working on the house right before the day I left for Ohio,” Brothers said.

He said he never had a key to the P Street house because there was just too much confussion.

He also said he did not have a key to the front door or the side door.

He would get in by knocking or calling.

Vincent Brothers admitted he was not there for the birth of his first son, but he came the day after he was born. He said he visited him “regularly,”

In January of 2000, Brothers said he married Joanie Harper. They did not live together before the marriage.

“I didn’t want to do it and she didn’t want to do it, but that’s what he said so...” Brothers said in regard to his brief cohabitation with Joanie Harper.

He does not know when he learned Joanie was going to have another baby. Lyndsey was born in 2000. Brothers said he regularly visited his son. He also said he was not there at the birth of his daughter, but Earnestine told him of the birth. He learned of the birth the next day and visited Joanie in the hospital.

Joanie returned to live at P street. Brothers said he also went to visit Lyndsey on a regular basis. He does not remember if he was living in a house or apartment at the time.

In 2002, Marques Harper had a fourth birthday. He acknowledged that he saw Michelle at the fourth birthday party. “I think I may have spoken, but I was making sure I kept away from everyone because I knew I had the flu, but I did not know it had developed into pneumonia.”

He had a house on Marizion which he sold in 2003. Joanie decided to obtain an anullment of their marriage. “We still saw each other but we did not live together,” Brothers said. They would see each other through the children and “sneak behind mother’s back,” because Earnestine wanted to make sure Joanie was “meeting her religious obligation, not having sex.”

Brothers denied that he had sex with other women after he separated from his wife. He said there was a period of time when he did have other relationships after the annullment.

As to Esther Quiroz, “I wasn’t dating, it was sex,” Brothers said of his relationship with her in 1995. They stopped seeing each other in 1995.

He admits to having a sexual relationship with Lupe Hernandez off and on in 2002 and again in May 2003. He said he had sex just once in May 2003. He admits he was married to Joanie Harper at the time.

He denies seeing Lupe Hernandez after his wife died.

In 2002, he said he was single at that time.

He admits to having a sexual relationship with a woman named Maria Crisafuli in the beginning of 2002. He said he was single at that time. He introduced her to a friend of his named “Kenny” to see if they wanted to date after they ended their relationship.

He last had sex with Crissafuli in February 2002.

He admits to dating Carla Tafoya. He says they started dating in the Spring of 1996. In 2000, he says he did not have a dating or sexual relationship with Carla Tafoya, “We were just friend.” The same for 2001.

“We began seeing eachother again, a dating relationship towards the end of 2001,” Brothers said.

In Spring of 2001 to August 2002, he admits to having sex with Carla Tafoya. He had sex again with her in May 2003. He said he did not resume the relationship after his wife died.

In March 2002, he said he saw his stepdaughter Nadia when he was with Carla Tafoya in Santa Monica.

Members of the District Attorney’s office abducted Troy Brothers from the airport, said defense attorney Michael Gardina. He believes this should be investigated by the state attorney general’s office.

He believes Deputy District Attorney Lisa Green should be referred to the bar.

“Let’s see the documents where he went before a judge and he was compelled because I believe it wasn’t true,” Green said.

“We have subpoenaed him lawfully,” Green said.

“I don’t know anything about him being kidnapped or falsely imprisoned,” Green said. “The proof is in the pooding, where is the out of state witness compact,” Green said. Gardina holds up the out of state compact.

Judge Michael Bush said Gardina has to right to bring any action on behalf of Troy Brothers.

Green said Anthony Bryan said “Just get him out of Kern County,” in regard to Troy Brothers. Sgt. Watts said he heard Bryan talking to an investigator and he heard him say “get him out of Kern County,” but he did not hear in regard to who.

Anthony Bryan said, “council was shrieking a moment ago that she did not have the out of state” papers.

“It was out of context, Mr. Birchfield is a paralegal in this case and that is that, but we were being challenged a moment ago,” Bryan said.
Green said she believes Birchfield arranged travel for the defense.

Green said that if the order is expired and Troy was here after it expired, he was subject to a subpoena.

Brothers said he married Joanie in January of 2000. They married the first time in downtown in Bakersfield. Joanie had already given birth to their first child in 1988. Brothers corrects himself and said 1998.

At that time he lived at the Silver Creek House.

He and Joanie moved into that house. They lived in that house about a month.

“Did something happened that caused Joanie to move out,”

“The revrand or the preacher said God didn’t recognize her or our marriage so she had to move out,” Brothers said.

Brothers said she moved out.

Brothers begins to cry when Gardina asks about his relationship with Marques in the school year 2002 2003.

Marques was attending McKinley Elementary School at that time. He mentions the name of his teacher. Mrs. Martin?

He would attend 5 days a week. He was there from 11 a.m. to 3 p.m.

He worked at Fremont at the time. “Either I would pick him up or Joanie would pick him up but the agreement was if I had a meeting she would get him on my days.” He said he would pick him up every day if he didn’t have a meeting and they would go to Fremont. “I would let him interact with the Kindergarten kids,” “He was my son, I love him,” “I kind of like would stand back and let him go and do his own thing,” Brothers said. “I called himt he hulk, Inspector Gadget,”

he called me?”

“How often would you play with your son,”

“Every day,”

“During the late winter or spring of 2003 was that your routine,”

“Pretty much,”

He also played with him at 901 Third Street.”If were weren’t at Fremont, we were at third street,”

They married on january 25, 2003. He was living on Zion court, but he put it up for sale because Joanie wanted a bigger house, a house with three bathrooms. It sold on Feb. 28, 2003.

“After the house sold I moved to P Street,” Brothers said. “Everybody stayed” at Zion including his wife and children.

“Who owned the P street house,” Gardina asked.

“Joanie and mother,” Brothers said.

“He was my partner...we got in trouble all the time,” Brother said of his relationship with Marques. They would put the towels around their necks to make capes as though they were super heroes. They would play every day. They would play in the house, in the yard, in the park. “Anywhere where we could get away and play, we would play,” Lyndsey went with them.

Lyndsey would play with them as well. Brothers called Lyndsey “she-girl,” Brothers said. “She would always take my soda and I would always get in trouble for giving her soda, but I couldn’t say no,” Brothers said.

They ran around the house, made tents, hHe pushed them on the tricycle in the back of the house.