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talkofthetown - > Talk of the Town -> Judge reaffirms death penalty for Vincent Brothers
Judge reaffirms death penalty for Vincent Brothers
Kern County Superior Court Judge Michael G. Bush agreed Thursday with a May jury recommendation that Vincent Brothers deserved to die by lethal injection for murdering five members of his family.

Shooting each one — his wife, his mother-in-law and his three small children — and stabbing his wife too qualified the former Fremont Elementary School vice-principal for the state's harshest penalty, Bush ruled.

The finding in the first-ever death penalty case for which Bush — himself a former prosecutor — ever presided over was expected. No Kern County judge has ever overruled a death penalty recommendation by a jury since the death penalty was restored in 1977.

Before ruling on the punishment,  Bush rejected various defense motions for a new trial, including defense arguments that Deputy District Attorney Lisa S. Green badgered witnesses, kicked off two black women from the jury (the judge late in the trial excused the only seated black juror), and  unfairly prejudiced jurors against Brothers by presenting evidence of his affairs and testimony that his wife feared he would kill her.

The defense also asserted Bush should have allowed evidence of a witness who said she saw Brothers was in Ohio around the time of the killings,  and videotapes that did not show Brothers at gas stations between Ohio and Bakersfield in the days before and after the victims were killed.

Brothers, 45, was convicted on May 15 of killing his wife, Joanie Harper, 39, their three children, Marques, 4, Lyndsey, 2, and Marshall, 6 weeks, and his mother-in-law, Earnestine Harper, 70. The same jury recommended death on May 29.

The victims were found dead on July 8, 2003, and Brothers was arr
ested on April 30, 2004, after an extensive Bakersfield police investigation.




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posted by talkofthetown on Thursday, September 27, 2007 at 10:29 AM
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posted by BakersfieldDoc on Sep 27, 2007 at 09:30 AM

Joanie
Marques
Lyndsey
Marshall
&
Earnestine

MAY YOU ALL NOW REST IN PEACE

Prayers out to your relatives who saw this trial, conviction and sentencing to the end. We hope that you too will now rest a bit easier.

To Vincents living daughter: we are sorry that you will have to live with the fact that your biological father was a monster. This could be a changing moment in your life. Use this moment to work towards the betterment of mankind.

-BD
posted by sagefever on Sep 27, 2007 at 10:37 AM
The Harper family are the most amazing, classy, dignified people I have had the pleasure of seeing in the public for quite a long time. There is no joy in this day. Blessed Be to the Families of all involved.
posted by littlealien1 on Sep 27, 2007 at 11:34 AM
An Eye for An Eye... I wish he had five eyes...
posted by bynary on Sep 27, 2007 at 01:15 PM
I am against the death penalty, so I can't agree with the decision.
posted by contreras8385 on Sep 27, 2007 at 03:46 PM
I'm sure we're going to get all these bleeding heart people who don't believe in the death penalty...blah, blah, blah...He can be sentenced to death 100 times...we're in California remember, He'll NEVER ACTUALLY be put to death!  We have this punshment IN NAME ONLY!! This animal we out live all of us!  So stop whining "the death penalty is wrong".  We should ship him off to Texas where at least there, he'd be punished the right way, they actually know what the death penalty is!  Enjoy your long life in prison Vincent Brothers.
posted by msmayragarcia on Sep 27, 2007 at 03:59 PM

The judge made the exact decision i would've. Why should GOD have mercy for this man? Did he have mercy for his family? No he didnt. So death penalty is the least he deserves. He killed innocent people. GOD forgives many sins but i dont now if he will forgive him for killing his family. Its called justice. For the people who do not believe in the Death penalty put yourselves in the same situation and think before you comment.

posted by robbwillis on Sep 27, 2007 at 04:26 PM

What's God have to do with this sordid affair? If God had gotten involved earlier, mom and kids would still be alive. Showing mercy for this, forgiving that seems rather after-the-fact.  

posted by gammon_gal1 on Sep 27, 2007 at 04:48 PM
I just hope this sentance is carried out and not delayed.  I can't believe he winked at some one in the court room.  There is no end to the arrogance of the man.
posted by jfrancais on Sep 27, 2007 at 06:43 PM

The Harpers are truly amazing people. They are able to forgive and show compassion in a time of pain and anguish. The death penalty is not vindication for them. It wont bring back their loved ones nor does it make them feel better. It's for the community and people who feel it is the correct response when one is convicted of heinous crimes. I'm against the death penalty but the reality is if he is ever executed most people will have forgotten by then. The ruling today was anticlimactic to all the other events that took place during and after the trial. Did anyone expect anything different?

posted by dgrealish on Sep 27, 2007 at 06:58 PM
I can't say I could have made the decision for the death penalty.  I'm somewhat squeamish when it comes to life and death decisions.  But I couldn't agree with the decision more.  God bless the twelve jurors who had the courage to make the recommendation and God bless the judge for having the courage to rule the death penalty was the proper punishment.
posted by BakersfieldGirl75 on Sep 27, 2007 at 07:16 PM
It was the only decision that could be made, the man was guilty of murdering 5 family members, which is still unbelievable to me.  Killing children is outrageous.    I just hope we will not have to pay for his life to be preserved long enough for meaningless appeals and nonsense.  Let's get it over with so he can get to his true judgment where his punishment will be so much more severe.
posted by HowardAppel on Sep 27, 2007 at 09:56 PM

Despite having the fairest possible trial, the possibility remains that the convicted is innocent. An execution cannot be reversed. The mandated appeals only look at errors in the administration of the law, not the validity of the outcome. Many convicted have been ultimately found to be innocent due to improved ways of dealing with evidence.

In the Brothers case, the evidence was circumstantial leaving the possibility that he is innocent.

The heinousness of the crime and Brothers own behavior make it seem immoral to even think of the possibility that he may someday be proved innocent, When considering the death penalty, we need to keep in mind that this is both unlikely, yet possible.

posted by khayes7356 on Sep 28, 2007 at 12:40 AM

Let us add to this case the fact that the judge is going to be holding CONTEMPT OF COURT hearing in November for the defense lawyers for their actions during the trial. I doubt that anything will happen to them, but it is refreshing that this will happen. It is not often the defense lawyers are held to the same degree of accountability as the prosecution... did I say "not often", I should have said NEVER.

posted by steveeswenson on Sep 28, 2007 at 07:44 AM
Howard,
   There is nothing wrong with circumstantial evidence. You insult juries by suggesting they didn't understand they were dealing with a man's life and chose to ignore the facts.

   But there is nothing complicated about this case. Vincent claimed to be in Ohio, Indianna and Illinois during the time of the killings. But he didn't tell his family in Ohio where he was going. Now, when you stay with out-of-state relatives, wouldn't you mention you were going to Chicago today? And couldn't you come up with someone you actually saw in Chicago.

   That combined with Vincent being so full of himself, he thought he could talk his way out of this case — even as the evidence showed he was just out for himself and his uncontrollable sex urges — corroborated that he indeed had the capacity to commit these crimes.

   At the Harpers funeral, his daughter Margaret sat by him. He paid no attention to her. Yesterday, she disowned him. She's was the smartest Brothers family member in the courtroom.

  
posted by VM614 on Sep 28, 2007 at 07:44 AM
Well I Thank God that Justice was declared! I applaud the Judge for going on his own ruling.... I pray for the family that are left behind to live with this for the rest of thier lives. I pray for his daughter. But I really believe she will live on, She made it known to this Evil man (her Dad) he was no longer her Dad and she was no longer his daughter,when she left the courtroom she would leave his name behind and no longer use it...........God Bless her for her courage! This murderer couldn't even look her in the eye! He is the most evil man I have heard of next to Charles Manson!  I hope those that died that day will be able to rest in peace ! I know they are because God says in Heaven we have to pain or grief. No bad memories.
posted by freethinker on Sep 28, 2007 at 07:48 AM
An eye for an eye makes the whole world blind. He should definitely be put away, but not to die. They are doing the same thing he did to his family, how is that justified? Everything, absolutely EVERYTHING we do in this life comes back to us, the tiniest of white lies and of course the big events. What message is it sending? 'Taking someone's life is wrong so we're gonna kill you'... HUH? God knows all, sees all, He knows the state of Vincen'ts heart, and I guarantee that He WILL deal with him. God's justice is far FAR more powerful.
posted by jfrancais on Sep 28, 2007 at 08:34 AM

I agree, freethinker. This is why I see the Harpers as "classy" and "dignified" as Sagefever put it. It's hard to let go of those feelings of anger and be willing to forgive. An execution (more killing) doesn't rectify the situation. It only makes people feel better for some morbid reason. I don't see how Howard's comments insult the jury. The problem with circumstantial evidence, Steve, is that it's... well...circumstantial. He even explains his logic behind his position (Irreversible, slim possibilities of errors, etc.).  The jury did their job and had no personal vendetta to kill someone. I think they looked at the evidence that was presented and made a decision accordingly (even though I don't agree with it).

posted by Lingtaowoo on Sep 28, 2007 at 10:29 AM
Once this case goes to the court of appeals..I'm sure (well maybe not that sure) that they will take a good hard look at what is in front of them.More than one case has been overturned due to one thing or another from Kern County..it will be interesting to see what happens next--we are not done hearing about this case by no means..
posted by wordpeeps on Sep 28, 2007 at 10:42 AM

I hope he lives long enough to feel the worst San Quintin has to offer. Then they can execute him.

posted by steveeswenson on Sep 28, 2007 at 02:05 PM
Our justice system has rules for circumstantial evidence. One is that if there is reasonable evidence that points toward innocence, you must accept that evidence.
But it also allows for a guilty verdict if the evidence beyond a reasonable doubt points towards guilt. Therefore, there is nothing in circumstantial evidence than is any less valid than direct evidence.
In this case both the jury and the judge independently ruled there was plenty of evidence to convict. The judge's exact words were: "There is no lingering doubt."

As for Vincent being full of himself and having uncontrollable sexual urges, that is just part of the make up of a man who would be capable of these acts. And in his case, feeling he could get away with it.

What got Vincent the death penalty was he killed his family at near point blank range.

In the common sense part of the deal, I was just in Oregon, Idaho and Washington for two weeks. I would have no trouble getting witnesses to verify my presence. Vincent couldn't do that. And he lied about an accident he said he was in in Ohio. What don't you guys get about that?
posted by Jennysue24 on Sep 28, 2007 at 03:39 PM
Yes Yes Yes I agree why should he be able to live those other 5 people's life were cut short so should his..
posted by OldBlue56 on Sep 28, 2007 at 03:47 PM
timec, I have not seen you post here in quite some time. I do recall that you were one of Brother's biggest supporters during the actual trial. But you usually ignored the facts and testimony and instead said how bad he was being treated by the "system". Perhaps now that it is all over, and he has finally received the sentence he deserved, you can send him $20 a month in prison so he can buy deodorant, toothpaste, gum, and preparation H.
posted by TangledUpInBlue on Sep 28, 2007 at 09:03 PM

Alright, so Brothers killed five members of his family. He is a monster, and for that reason, he should be put to death. But does killing five people, including children, make him more of a monster than a murderer who has only killed one? If we are going to kill someone like Brothers, not that I agree we should, we would be morally obligated to execute perpetrators of single murders, don't you think? Otherwise, we are sentencing a man based on the lives of his victims. If Brothers killed five gang members instead of family members, would he keep his right to live? Who are we to judge whether someone's life is worth committing another murder, or sentencing them to life in prison? I suppose I'm just not on that pedestal.

Furthermore, I hate that this murderer is now a victim, and I hate the fact that the word victim triggers empathetic feelings in any rational human being. He's a murderer, a brutal, twisted man with psychological problems I doubt any of us can understand. And I would like to treat him as such. But now, I just occasionally feel bad for him. He's going to die, and I don't want anyone to die. Capital punishment turns murderers into victims, and that isn't right. I would love to just be disgusted with him, and I am, but it would be hypocritical to disapprove of the murders of his family, but not his.

We are legally not allowed to let a patient in a hospital in constant pain kill HIMSELF, but our government can take a life. If you get cancer and are in insurmountable pain, you're not allowed to do anything about it. It's against the law, you MUST live. But if you commit a crime, the government CAN kill you. The government has more of a right to YOUR life than you??? Does that sound right to anyone?? 

posted by TangledUpInBlue on Sep 28, 2007 at 09:13 PM

Oh! And another thing! Has anyone seen the electronic billboards that say, "Vincent Brothers sentenced to death!" With a freaking exclaimation mark?! Classy, very classy. Only in Bakersfield, I'll tell ya.

posted by ChicoEsquela on Sep 28, 2007 at 09:16 PM

When I first saw Brothers my first thought was he doesn't look like a murderer. He doesn't look like someone who could do something like this.

I have lived life enough to know that you cannot judge a book by its cover. But what he did transcends just killing another human being. Some of us have been called upon to do that in the course of doing our duty. Some of us have done that without really knowing it during H&I ops in war where you are just lobbing mortar rounds into the air. But that is vastly different than killing another human in a non-war situation. But he not only did that, he killed his babies.

And when his daughter said what she did (and she is an articulate, bright, young lady IMO) it cemented in my mind he surely is guilty. Forget Lisa Green, the trial, etc.

What I propose to you now is:

If he is put in general population, he won't last 6 months. If he is on death row he will (at great cost to taxpayers) live out his natural days.

Given our system in CA, these people that push for DP should reconsider their position if they really want these guys to be put to death.

posted by GotREALITY on Sep 28, 2007 at 09:33 PM

Tangled,

I emailed Lamar Advertising about this and got the following response:

"Why would we be singled out in comparison to the Bakersfield Californian, NBC KGET, ABC KERO, CBS KBAK, Fox News,
Am. General Media, Buckley Broadcasting, KUZZ, Clear Channel Media
[sic]?

We were only reporting the local news
."

Nice cop out. I just don't see why they couldn't have honored the victims instead.

posted by TangledUpInBlue on Sep 28, 2007 at 09:52 PM

It was the exclaimation mark that got me. It is like Merry Christmas! or Happy Birthday! or We win! I don't think anyone really wins when the death penalty is involved. If they consider that reporting, they should keep the editorializing out of it.

posted by OldBlue56 on Sep 28, 2007 at 10:01 PM
Tangledupinblue, your post brought a tear to my eye. Poor Vincent. I never saw him as a "victim", until now. How dare those 5 innocent people die without regard to how it would make him feel. How dare society wants to lock him up for all of our protection! You just keep writing and let's school all those dumb people out there to what it should be like.
posted by NancyII on Sep 28, 2007 at 10:31 PM

The exclamation mark is no different than "Breaking News" on TV.  And the families HAVE been honored..the decision is news.

As for the decision.  The amazing thing is that people demand we presume innocence and to let the court handle the whole "alleged" crime.  Then when the justice system finds the defendent guilty, they STILL complain.  So just what is it these people want? 

posted by TangledUpInBlue on Sep 28, 2007 at 10:39 PM
Old- Oh, if only your mind wasn't so narrow. My post eludes to the belief that if all men are created equal in life, all killings should be treated equally as well. Our OPINION of someone's life, of someone's morals, shouldn't determine whether he lives or dies. It is sad when anyone dies. If you had thouroughly read what I wrote instead of automatically resulting to vague and at times unrelated sarcasm, you would note I never said he shouldn't be locked up. Why is one murder worse than another if we are, as I believe we are, equal? Murder is murder is murder is murder. You don't like murder, do you blue?
posted by GotREALITY on Sep 28, 2007 at 10:42 PM

"And the families HAVE been honored..the decision is news."

Really? The Lamar Billboards mentioned the victims? I must have missed that. All I saw was Brothers' name.

posted by OldBlue56 on Sep 28, 2007 at 11:01 PM
No, I do not like murder. But I do believe in the system of law that all of us law abiding people try to live by. And that means if a person commits a crime that is worthy of the death penalty, and the judge sentences him/her to that, then that should be carried out. I hate to say this, but Vincent Brothers is not like the majority of us. He is a cold blooded killer, plain and simple. He deserves to die. If you call that murder, you are the one being narrow minded.
posted by NancyII on Sep 29, 2007 at 05:03 AM

The families HAVE been honored in the news.  I didn't say they were honored on that billboard, and I think you  knew what I meant with my comment.  What WOULD you liked to have seen on that billboard that honored the family and was considered "breaking news?"  People have been wondering for months what the outcome would be..the billboard announced it..nothing more.

Was the sarcasm really necessary?

posted by GotREALITY on Sep 29, 2007 at 10:16 AM
No sarcasm here; maybe a little projection on your part. I had thought that because those electronic billboards can change their message I might have missed something. Sheesh! {now turn the sarcasm on} The comment was about the billboard not the news; read what is written and not what you think you see. {sarcasm off}
posted by imaquen on Sep 30, 2007 at 08:28 PM
I truly believe in the death penalty, but for for Brothers, I think he should really have to pay for his time. Put him on the Mainline in prison. Let him fight for his life every day, look over his shoulder, even in protective custody he will have to guard himself at all times  on the yard, wondering if he is going to get shanked or not. Death row is a piece of cake compared to mainline. Let him grow old worrying about every waking moment of life and every step he takes if he will be ambushed or not.Its all a mental game. It wears them down alot more.Not only that he'll keep himself in protetive isolation as much as possible,he would be much more scard.and isolation turns them animal like after a while he deserves this.... As far as the billboard tacky,tacky, tacky,I mean really now breaking news has a place to be presented thid platform could get really carried away (you know the media) as far as only in Bakersfield your right "You know your a redneck if the town you live in puts the news on a billboard!
posted by OldBlue56 on Oct 1, 2007 at 01:38 PM

timec, you just go ahead and support Vincent. And are you going to help his mother "deliver justice" and find the real killer who "done dat?"

posted by BakersfieldDoc on Oct 1, 2007 at 03:06 PM
Vincent Brothers got what he deserved.

As for his mother....she visited his once in May and once the day he was sentenced. This doesn't sound like the loving caring mother she made herself out to be. This woman produced 2 criminal sons. For that she must be very proud.
posted by TangledUpInBlue on Oct 1, 2007 at 10:02 PM
Old- Perhap the focus shouldn't be on Brothers, but the law itself. Just because the law exists doesn't necessarily mean it is ethical. I'm not questioing whether Brothers is a psycho or "cold blooded killer," but the morality behind deciding SOCIETY has the right to determine ANYONE'S fate. I hardly believe questioning institutions that have been in place so long narrow-minded. Do you at all see my point, or do you just feel like you're arguing with a crazy person? I can't tell if I'm not getting my point across or if you just aren't buyin' it, which is fine.
posted by OldBlue56 on Oct 1, 2007 at 10:25 PM

TangledUp, I see what you are saying. However, I am 100% in favor of the State executing cold blooded killers like Vincent Brothers. It is difficult to find any reason why he should be able to breathe the same nasty old air that we breathe. He made his choice, and the law abiding citizens of our community convicted him for the mass murders he committed.

Why does everyone seem to forget about the 5 victims he slaughtered?

I say he should rot in hell....

posted by TangledUpInBlue on Oct 1, 2007 at 10:47 PM
Do all murderers or just some deserve to die? Another thing people don't seem to realize is that being against capital punishment doesn't mean being against all punishment. I haven't forgotten about the five victims, or the Harper family at all. I, along with the Constitution, just don't agree with cruel and unusual punishment, and it is this humble student's opinion that murder is cruel. Perhaps the founding fathers should have been a little less vague when writing that. Oh well, call me crazy,
posted by OldBlue56 on Oct 1, 2007 at 11:25 PM
Tangledup, we finally agree. Cruel and unusal punishment is wrong. That is why they should stand Vincent up against a wall, put a hood on his head, and fire a bullet right though his skull. He will be dead before his body hits the floor. Call me crazy, but that will end all this silliness about poor Vncent.
posted by TangledUpInBlue on Oct 1, 2007 at 11:48 PM
That would actually be more humane than lethal injection. But like I said, it's not about Brothers per say, but capital punishment itself. But I think I would see your point a little bit clearer if you helped me out and answered whether all murderers deserve to die, or just some? While you're at it, do me a favor and make a list of groups of people based on their societal worth, that way we know which murderers deserve to die, and which ones should live. Because I'm assuming killing a bum ain't no thang like killing a kid, right? I just think if we judged everyone in generalized groups, sentencing the death penalty would be a lot easier to do based on what tier the victim was on. Oh, and then you can explain to the murderer sentenced to die why one murder is worse than another, and to the families of the victims, since that's what it's all about, right? EQUALITY. It's such a hard concept, it seems. Good night OldBlue. Talk at you tomorrow.
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