The judge will allow Brothers' ex-wife Shann Kern to talk about a prior act of domestic violence in 1988 by the defendant. It was a misdemeanor charge. The defense will be allowed to argue it was expunged.
In their arguments:
J Anthony Bryan: "It was a very mild incident. It’s a very common offense in every community. And it was disposed of by way of dismissal."
Green: "I hope that we never reach that day when we view domestic violence as a common occurrence in our community."