Timec,

Get a grip!  Vincent Brothers was definitely GUILTY!  What Brother's attorneys  did - as far as hiding the report of the accident - was not excused by the DA's office doing their job!  This case may have been circumstantial - until they found that he was not the one involved in the accident. 

As far as the contempt hearing being held outside of Kern County, I agree.  It's a contempt hearing that should be heard by a Commissioner of the BAR that has the authority to issue fines, take their ability to practice law away, etc.  I don't argue that there are ethics issues with many attorneys - including Prosecutors and defense attorneys.  However, they clearly got caught and they can't hide it!  They should have to answer for their actions.  Clearly everyone has an opinion on this - but I can't believe that the judicial system is going to take another black eye for DOING the JOB it was designed to do!  Judge Bush has quoted the statutes that give him the authority - he has to answer to the Superior Court of California for his decisions - and it is the same State that gave each and every lawyer the right to practice law!  It is in black and white - print that is!  This is not a race issue - it's about ethics!

Mom2-

I agree with you that one should be punished for withholding evidence, but it kind of sounds like you have a problem with EVERY defendant getting a decent defense.  Guilty or not, being here in the United States everyone deserves a fair trial and a proper defense.  I not trying to be confrontational this is just how I read your piece.

Timec-

"Lisa harassed and argued with every defense witness that took the stand"

That is part of her job, or was she supposed to give them milk and cookies.

No, I definitely believe that every defendant has a right to a FAIR trial and a good defense.  What I do have a problem with the win at any cost attitude that Kyle Humphrey represents in his comments.  Hiding evidence is not called a "proper defense"  just as it is not called "a fair trial" if the evidence hiding is conducted by the prosecutor.  It is technically called Obstruction of Justice, also known as Contempt of Court.  This is taken very seriously by any judge and should also be taken seriously by any attorney.  

My personal feeling regarding Vincent Brothers is that he is guilty as can be!  Honestly, he will have to live with his behavior and ultimately, he will have to face whatever deity he believes (or doesn't believe in) when he dies.  The police report and the evidence that accompanied the "car accident report" led to his lies coming out.  If the defense had the report, they had a court order to disclose their evidence.  That is what happens in a court case - the same goes for the State's case.  If they deliberately hid the fact that he was not the person in the accident - that's punishible with a fine and possible jail time.  Vincent Brothers committed perjury - among other crimes.  He testified under oath in court that he was the person in the accident, when he KNEW that he was not.  (Can't say that I blame him, just that it was obviously a lie!)  

I realize that our rights as American's is that we are entitled to a fair trial and a good defense....however, The Harper Family was never given that right....especially those precious babies that never got to see all of the great things they could become.  So, I guess I am less than understanding of this defendants rights - since he was the person who took that away...it's a no win situation.  Either way you slice it - the defense attorneys had the knowledge that they were wrong in not disclosing all of their information.  So, I think they should be held accountable.  Do I think that the Judge who made the order should be the one conducting the hearing?  No, I think it should go above his power and they should have to answer to the board that issued their license to practice law!  I would have the same attitude toward any other attorney who did the same thing (DA or not).  

I have sat in court before Judge Bush, he is a fair judge who will examine every aspect and make a fair decision based on case law.  He will give every defendant before him the benefit of the doubt and every opportunity to show their innocence.  I certainly would not want to be found to be in contempt of court - and I really would not want to be in the defense attorneys shoes about now!   

Timec,

No, I don't think that the DA's office was perfect - however, it seems that you are asking us all to believe something that has yet to be shown to be true.  If the DA's office hid evidence, what are the details of this alleged event?  It seems that the only people crying foul are the defense team and Vincent's mother. 

Besides, the issue at hand is not that the attorneys defended their client.  The fact is that each side is expected to DISCLOSE the facts of their case by a certain timeline.  If the evidence was there prior to the order to disclose, or even after, then the defense is ordered to give the info. within a certain time frame.  You are correct in one comment - none of us really knows for sure what happened.  There is a little matter of the accident report, video from a camera near the accident scene that back up the fact that he was not in the accident, and the fact that the actual person involved in the accident was located and showed up in court to testify.....

And, I guess thetruthhurts made the best point of all regarding Lisa Green and her "harassing every witness that took the stand" I guess her brownie badge for "good hostess" doesn't extend to the court room.  She only served Milk and cookies to the witnesses for the State.  Maybe the defense had cookies for their witnesses? 

Whether or not the defendant is guilty is not at issue....my blog was about the lack of ethics and the comments made by Kyle Humphrey - not associated with the case at all - about defense attorneys having the ability to "do what they know is necessary to defend their clients" without fear of being held in contempt.  Well - sorry, but if it includes hiding evidence, and certain other UNETHICAL practices, I believe that they need to be held in contempt.  It is hard enough for the families and victims (if they are suriving) to feel as though they get a fair shake from the legal system after a horrible trial and the plea bargaining that goes on behind closed doors.  To give defense attorneys the "freedom to defend their clients" is one thing - to give them carte blanche to create evidence and hide other condemning evidence - that's just wrong! 

So, sorry Timec, I disagree with your point of view...just as you disagree with mine!  This blog is about the defense attorneys contempt hearing - nothing more.  I'm sure Mr. Brothers will sit in San Quentin with his other "innocent friends" like Scott Peterson....

I think defense attorney's should use everything to their advantage considering that the system itself is against them from the start. It isn't "innocent until proven guilty" anymore, is it? I agree that lying about and hiding evidence is wrong but Lisa Green has been punished before for hiding evidence from the defense. And what is your beef with Kyle Humphrey? He's an attorney, right? Well, his job is to defend people to the best of his abilities just as it is for every other defense attorney. Hmm, you seem as though you have something personal against him which means you're using this blog as an excuse to attack him. Any other defense attorney, be it Brother's attorneys, Sala, Torres, or any of the other phenomenal defense attorneys in town, they would have given the same quote. Get off of your high horse, you self-righteous zealots make me sick.