The penalty phase is set to last 4-7 days.
Prosecutor Lisa Green says she plans to put three witnesses on the stand during the penalty phase:
- Shann Kern to talk about a prior act of domestic violence in 1998 by the defendant. Green says Brothers was charged with a misdemeanor, but defense attorney J Anthony Bryan says it was expunged.
- Michelle Baptiste who would talk about the impact of losing Joanie Harper.
- Eddie Harper who will testify about the loss of his mother Earnestine, and how it impacted the community.
The prosecutor will also play a video with pictures of the family. Green played the video in court. The pictures show the family in happier times…the kid’s first day of school …birthdays…the birth of Marshall. Bryan said the video does not fit the description of victim impact. But the judge says the DVD will be played.
The defense says it wants to present video testimony of two people who knew Brothers.
An army officer who grew up with the defendant, and a high school wrestling coach. Bryan says Brothers was a star wrestler and received a college scholarship in wrestling.
Brothers watched the video with no apparent emotion. He whispered shortly with Bryan.
