Defense attorneys moved for a mistrial again this morning, after the judge ruled the prosecution could present evidence on where the killer would have been during the homicides.  Defense attorney Michael Gardina asked criminalist Greg Laskowski if Joanie were stabbed after she was shot dead, if the stabber would have to climb on top of the bed.  Laskowski said 'yes.'  But the judge ruled the defense's question opened the door for the prosecution to ask a host of follow-up questions about where the killer may have been standing during the crime.  The scenarios are based on whether the killer was right or left- handed.  Vincent Brothers is reportedly left handed, but he has been seen in court taking notes with both hands.  The judge denied the mistrial motion.

Meantime, Laskowski says the 11 shell casings found at the crime scene were all ejected from the same weapon. Laskowski placed the shell casings on a bullet comparison microscope.  The microscope allowed him to make a comparison of firing pin impressions and ejector mark.  If it’s the same gun, you expect to see similar marks, Laskowski said.  All of the 11 spent cartridges were fired from the same firearm, Laskowski said.  The casings were rim fire, where the  primer is in the area of the rim of the cartridge, so when the firing pin strikes the rim or edge at the base of the bullet, the bullet is expelled from the gun.  From the casings, Laskowski put together a list of possible bullets and guns.  Laskowski narrowed it down to a list of about 36 guns.  When he did his database search, he limited the guns to automatic, semiautomatic…rifles, and pump-action rifles.  He excluded anything like a revolver.  Revolvers retain the shell casings, and Laskowski said the shell casings would be dumped out in one space by the shooter, unless they were clever enough to spread them out.  From that, Laskowski made the assumption that the murder weapon was a semi-automatic firearm.  Given it was a .22 caliber firearm, Laskowski said some pistols would hold 10 rounds in a magazine, and one in the chamber.  That is to say, the killer could have committed the crime without having to reload. 

Laskowski also entered the bullets into the National Integrated Ballistics Information Network (NIBIN) system.  It’s a digital image system of bullets and test fire bullets from guns recovered at crime scenes. If you have a bullet or a gun that is turned into law enforcement, it can be searched and compared to others on the database to determine if it was used in other crimes. The computer puts out a list of possibles.  But it’s a human being that makes the ultimate call.  The bullets from the Harper home did not come up with a match.

Cross Examination

Under cross-examination by defense attorneys, Laskowski said he searched Brothers’ home, and car but never found a gun.  He said it’s pretty common to see a .22 used in crimes in Bakersfield.  Attorney Michael Gardina then turned to the shell casings that were recovered near the front door of the home.  He questioned Laskowski how it could have landed there….that it must have bounced out of the family room, into the hallway, through kitchen, past the dining room and land near the door. Laskowski called it a Rube Goldberg approach that was highly unlikely.

Laskowski said he also searched Vincent Brothers' apartment, using alternative light sources, hand lenses and a chemical test to determine if there was blood present.  He did not find any.  Laskowski said the forensic search is based on the Locard Exchange Principle, which idnciates when a person commits a crime and comes in contact, they leave something at the scene or take something with them, sometimes in trace amounts.