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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. 42 comments from 25 users
1
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
posted by
littlealien1
on Sep 27, 2007 at 11:34 AM
posted by
bynary
on Sep 27, 2007 at 01:15 PM
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
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
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
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
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
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, 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
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
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
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
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
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
posted by
OldBlue56
on Oct 1, 2007 at 11:25 PM
posted by
TangledUpInBlue
on Oct 1, 2007 at 11:48 PM
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