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I poked my head in Department 8 this morning. It seems like so long ago that I spent 15 hour days at the Superior Courthouse covering the Brothers quintple murder trial. Not much has changed. Judge Michael Bush was waiting around for someone to show up so he could wrap up a procedural issue on another case. His bailiff and court clerk were waiting it out, too. In two days, Brothers will be back in court to learn his fate. What say Judge Bush: life or death? The jury has already recommended death. We'll be covering things live once again. Expect complete coverage from us. But can we expect closure? Probably not. If the sentence is death, it goes up for automatic appeal. And I'm not sure it's any more settling for those who knew the Harper family for the case to be over. Yes, over for now. When we talked to Eddie Harper about what he wanted to see happen, he said he'll agree with whatever the jury decides. Mr. Harper is a profoundly spiritual man. In fact, he's a pastor. And in person, he's preternaturallypatient and kind. Just how does someone overcome the murder of their relatives? In Mr. Harper's case, deep-seated convictions, I suppose.
So will we find out Mr. Brothers' fate on Thursday? If everything goes as scheduled. But the motive behind the murders of which Brotehrs is now convicted may never be clear.
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Stay tuned to this space. I'll be posting the full version of the transcripts in which the only black juror was dismissed from the case. The first transcript includes one-on-one interviews between the judge and attorneys and each member of the jury.
The second transcript involves the actual removal of the juror, #309.
Also, I'll be posting pictures and some behind-the-scenes stories from our coverage.
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The verdict is in the penalty phase of the Vincent Brothers murder trial: Brothers should receive the death penalty. The verdict was read at 10:15 AM Tuesday. The jury deliberated about 6 hours whether to recommend life in prison without parole or the death penalty. Vinecent's mother Margaret Brothers was present.
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Here's the raw video from the interview with Margaret Brothers, Vincent's mother. There are two edits: the first is after the bailiff asked us to move down the hall (you can see that on tape), and the second occurs after we thought the interview had ended and Ms. Brothers talked to us more about some of the allegations in this case. She says she's leaving town but wanted to give her son's side of the story before she leaves. She's not sure if whe will return when a penalty phase verdict comes back.
http://www.kget.com/mediacenter/local.aspx?videoId=17529
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Thge jury did not reach a verdict Thursday. They will return to court Tuesday. Tune into 17 News tonight to see reaction from Vincent's mother, Margaret.
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I wanted to show this Article from the California because his participation in the community was so obvious to many people…that counsel wants you to ignore…5:05:51 To take into consideration in determining what the sentence should be. 5:06:07 Nice things about Joanie…most limited to school…Knew them from school..Vincent was wonderful with children…said the same thing…different schools. Different times…everywhere he taughter…not just an average teacher, he was outstanding…and they said so. 2/3 alive gave him the highest marks they could give. Tuaght in Spanish…and he learned to do it….AS weet note, love mArgaret…5:09:05 Defendnats ability to get along with others…
Doesn’t mention the guy in the backyard with the hose…doesn’t decide he saw the defendant there until 8 months later..until he’s got himself in another jam…exceedingly weak evidence for the death penalty. The defendant on his way into slaughter his entire family was approached by former student…Mr. Calloway…and then proceeded to go in and do it. 5:14:02 The theory about the April trip…never heard an ounce of evidence on this…threw out theory intended to be the run for homicide….something happened to abort…no proof of that…if Mr. Calloway saw on that weekend at the house…is it at all reasonable he would have don what he says he did. That doesn’t make sense. Circumstantionl aevidnece…two reasonable interpretations of an event, must chose the defense interpretation. In this case it is…rule of circumstnational evidence…if presents you with a reasonable…must find that to be be true. 5:15:39 Is it reasonable to think about earlier aborted trip would have completed that crime after being seen Hi Mr. Brothers./..that is beyond the pale of reasonableness…that is absurd, I submit. I think that’s an enormous amount of doubt…the defedant in an obscure car rented 2000 miles away would park it and drive around town to kill people in a vehicle everybody recognizes…hey there’s VB. 5:17:07 Three incredible foundations…because don’t have enough clay of the worst sort, of the weakest kind. Piggy backed..no hay trucks in the west are there…exist…bnut Kimsey’s report based on stuff done 50 years ago…more than 50 years ago..every time something published the range of those creates gets bigger…5:19:58 Your testimony had gone to Columbia, north central Missouri….
That you can consider retaliation…Doesn’t work in Iraq. A member or a group of members have an oppotunirty to kill or not…4:15:42 We generally like to think we have rules. And that there are things we will follow we will do and consider before we make such a momentous decision. That’s what we are doing. We all agreed to listen, would go into penalty phase with an open mind even though we would never get unless you had believed beyond reasonable doubt the defendant had killed his entire family. 4;16:48
Added one thing to their case…superficial lacerations…we produced witnesses…I guess a law of moving from one coast to the other…south African passport could not move more than a couple of miles…convicted because move from east coast to west coast which does create communication problems…counsel would have you ignore the old friends I think it’s a remarkable human being that has friends like that…there are n;t a lot of people who could produce the quality and quanityt of the people willing to ocme out for Vincent. 4:18:40
It isn’t a different person, please that was VB. Exactly the way teachers described him, got along with opeople, liked kids and was studious and a good guy. That’s exactly the testimony of the Eastern people, who knew hi here…said almost the same thing…4:21:03
There is no favorite. Death is not favored. There is no assumption of death…do not have to move you from death…what we discussed back in jury selection. It is your decision…it is sometimes kind of subterraneanly suggested to you…but you don’t have to make a decision.
4;25:47 We all decided would decide here knowing unless we had found that crime.
4:26:05Arcaeholigist coming from a different planet we’re all dead and long gone..who or what lived here. And they start putting things together…ancient Egyptian…what say about the United States…the place with the greatest engineering…possibly…got rome, Greece, you have Germany…lots of competitors…lots of things that they were superior would it be art…we could paint for a million years…france italy, flanders…
Military.
4:29:12 We are what we are. Because of things like what we are doing right now.That’s what’s so strange about this place. That’s why more people try to get in here than ever existed…They come here…for a long time and apparently a long time ago…because of our system of freedom…of the whole thing about this country…Thomas Jefferson…proposed at writing constitution in Philadelphia that a person could only be convicted by their friends and relatives, and of course…that’s ridiculous. Law is to limit the state…1783 William Pitt…England was not a fun place…lost the 13 colonies…France and out allies…things not wonderful in England and a lot of pressure to do away with the tranditional freedoms of Englishmen…so it could be more efficiently…Stood up and said…necessity is the plea for every infringement of freedom…it is the argument of tyrants, it is the creed of slaves. 4:33:53 No one here proposed freedom for VB. Not going that far…4:34:09 We are asking you to allow him to spend the rest of his life in prison. 4:34:22 You have a record of a long life before you to make that decision 41 years…which counsel wants you to hold against him because of his age…4:34:44 If after applying the theory og lingering doubt at the very worst…you have found a horrible weekend in his life of 41 years…4:35:07 All the rest of tha t41 years was honorable discharge from two tours of duty…nobody had to do it…excellent you know bachelors degree, credential, masters degree…His years are in his favor..4:35:44 What elese would you have him do…do he go to the wrong college…gone to PHD…? And in fact he told you that’s why he was investigating various other universities for entering possible PHD Programs…not unbelievable…it’s the next step.We know they were religious, but so was Vincent’s. He has ministers in his family…Jonie in her family. We produced a witness that recalled an incident that where Vincent was quoting scripture seriously to a group of athletes.
4:38:45 If anything I have done or said offended you, it wouldn’t be the first time, but I humbly apologize…but regardless of how it has affected you…4:39:29 Do not hold it against Vincent Brothers. 4:39:59 You can vote for life if you wish, you can vote for life not because I will be presented a great deal from early life, wonderful relatives…quality people…not anybody doubts that…how absurd…Kernels in the army..quality people…but in the last analysi…you can vote for life, just because you want to vote for life…but I would ask you to consider the mitigation along with the aggrivator
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Whether he should live or whether he should die, based on the seriousness before you. One of the most important decisions you will ever make Alwaus remember..by knowledge You are here because of him, because of what he did, almost 4 years ago. It’s his very humanity and make moral choices to accept the consequences of his choice to brutally murder 5 people. I do not have the burden of proof any longer. 4:06:23 Death is the only appropriate punishment for these crimes, whether it is pity or whatever it might be to vote for a sentence of life. One issue I will instruct you on. Although there is no burden of proof on me, whether death sentence of life imposd. I think that’s what you need to hear…he’s instructed to return a death verdict…agrevating circumstance compared with mitigating that it warrants death rather than life without parole. Are the aggrevating factors so substantial that death is the appropriate sentence. One aggrevating factor can be enough. If you find, then you can and I would argue should vote for death.
2 Aggrevating factors:
Then discuss the mitigating factors that might exist.
The primary factor is called factor A, the primary factor in this case.
4:08:59 The judge has told you you shall consider all the evidence received in this case…shall consider and be guided factor A is the circumstance of the crime convicnted in present proceeding.
That is all the evidence you heard over 2 and half months…the trup in april, the trip in July. That is the primary reason that death is the appropriate sentence. Each said felt in the abstract the death penalty is approrpaite for multiple murder. In the abstract…because knew nothing about this case 5 people killed, 3 were children. I’m sure never imagined the actual horror what you now know to be true. The cold, calcutated premeditated way in which the defendant killed a sleeping mother and her children…killed a grandmother by shooting 2 in the face…the way killed his son as his father shot him in the right temple. I’m sure you see the brutality of these crimes..it is appropriate to say this murder in of itself is so brutal, so immoral deserves death penalty on circusmktance alone. But under factor A, more you can consider. The harm to the community, to Kern County, and to the victim’s family. About the purpose or weight assign to Eddie Harper’s testimony and to the photos in life..victim impact evidence falls under factor A, because it helps you assess he specific harm to the people who loved them and to the community as a whole. You can consider the type of women they were…you can consider how much they were loved…4:12:51 You heard a little about Joanie Harper, she was as good athlete, she was loving mother, and a loyal daughter. 4:13:07 When I heard Kelsie Spann, Michelle Baptiste and even Rose Browning it reminded me of quote by Maya Angelou…people will never forget how you made them feel. In the way her friends and her family gelt about her and still feel about her 4 years agter death. Didn’t really know about her and to give you a sense of loss…a strong woman when not fashionable…she was a working woman when it wasn’t fashionable…raised Elain Byrd…intilled of both of her sons becoming ministers…and even her daughter Joanie who faithfully attended church. Up into the last day of her life. She tried at all times to better herself so she could better her family…she was so well-loved by one grandson…went from buying house on T street…remained true to her principals for 70 years on earth…so what does all that say about her…when you deliberate Eddie Harper will never see their mother again, their sister again, their nieces and nephews again. Will all have a scar that will never heal. The approrpate penalty for the harm that has cuased.
The presense or absence of criminal acitivty other than which tried…the use or attempted use of force…to use violence…4:16:32 This involves the incident Shann Kern described…repeadetly punched her in the face…can only consider this if beyond a reasonable doubt he committed the crime…all 12 don’t have to agree….The crime of which the defendant..one of two…corporal injury of cohabitant or a battery…requires they live together…which she testified she did…inflicted a traumatic injury on her…the bruising on her eye, and had a dating type of relationship. You heard her testimony about that…will see medical records corroborate that. Although testified Shann Kern hitting her eye with a shoes…recalling an incident 20 years ago and did not involve him…as far as Shann medical records corroborate…a laceration under right eye, swelling and bruising…nothing consistent with what Keith Powell described. 4:19:06 He beat here with his hands and fists…he hit her again like somehow it was her fault and not his….if that’s the crime it does not require a traumatic injury…cohabitation…She was 2 months pregnant and he knew that…
Absense or Traditionally in mitigation…under influence of emotional disturbance…no evidence of that.
Factor E participant or consented to that..4:21:17 Moral justification or extentuation of his conduct…
Factor I age of the defendant…factor in mitigation. I would say factor I is not a factor because at the time he was 41 years old. Typically, factor I argued when client is very young, 18 19 20..argue Typically argue factor I to suggest didn’t know any better. In this case with the defendant, he was 41, committed in premeditated way clearly did know better…would suggest not a factor.
Accomplice to an offense…and relatively minor. The only factor that any of the defense evidence falls under factor K> The catchall provision…sympathy, pity for the defendant. You are consider character or record…he has none…for basis of sentence less than death. 4:24:41 The merciless killing of two women and three children…offerend co-workers childhood friends to say various kind things about him…he was a good teacher, a good vice prinicipal, a good administrator…he knew what it took for them to behave to fall intoline. Those were the first 13 witnesses called to the stand. I want you to, and you must. Consider educators, employees of the school and weight to assign it, ask yourself…why was VB unable to show the same kind of attention to his own daughter Margraet…made him incapable of becomnign formidable part of her life. His niece Tonyas’ graduation and not his own daughters. I would also ask yourself..what was the common theme…I think it was..it was they only knew in a professional capacity…not one of them knew him….This man did not have any friends…he simply didn’t 4:26:51 And if the truth be told, no one knew him. Elixabeth Marques, Esther Quiroz…didn’t talk with those women either. That was separate…we see that pattern repeated in childhood friends..to knowing him as a teenager…he was studious polite, shy athletic…They came here to standup and testify from memory…and you know the 12 know the boy these men described is not the same man you’ve seen and heard in this courtroom…the man who testified during the guilt phase…they want to believe he is. They don’t want to believe he could change and commit these crimes, but you know better and you said so in your verdict. The boy Kevin Bethay, Donald Collier knew and described in Belport is not the man before you. Would you expect them someone is capable of murdering his family…very hard for people to accept that a father would murder his children…if they knew him as a child had sat here would be convinced at tha tpoint…because who would believe someone is capable of what happened in this case…of killing entire family. 4:29:35 His two sisters and his niece…I am sure those people are good people..they are god faring people from testimony, I submit they do not know him either…when they did no evidence it was close. 4:30:12 I ask you is any of that enough to return a verdict of life…does any of what they said mitigate what he did? Does any of what he said make you feel VB deserves to spend rest of life eating, breathing laughing? 4:30:43 Because the boy who did that 30 years ago that person does not exist any more, and you know that. The man you see before you today is the face of evil and there is no sugar coating that. 4:31:21 Is there anything 25 witnesses offered by way of testimony that caused you to say this is an extenuating circumstance…for a verdict of life…no never. 4:31:52 part of my obligcation is anticipating what he would say….lingering doubt…if you had any doubt no matter how slight…to return a verdict less than doubt…it does not rise to that levell? Keep this in mind…I know I talked about this at the guilt phase…remmber during the trial he took an oath to tell the truth…and he lied..He not only died he made up a story to convince you he was in Columbus, OH, murdering his entire family..I don’t know what you found persuasive…must have come to the conclusion the defendant lied…you just remember those lies…innocent people don’t lie. His demeanor along what he said will erase any lingering doubt he is able to conjour up. I do know the evidence is relatively fresh. Bear with me….4;34:26 Exhibit 10…crime scene video the day they were killed.
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Judge Michael Bush instructed the jury on their deliberation duties in the penalty phase of the Vincent Brothers murder trial this morning. Just hours earlier, attorneys spent several hours haggling over what evidence they will be able to present in closing arguments.
The closings arguments are set for this afternoon.
The jury will decide whether Brothers should receive the death penalty or life without parole in the 2003 slaying of five members of his family.
We'll bring you the penalty verdict live as it happens.
Just click on the link on our homepage, KGET.COM. And another reminder, if you want to know when a verdict is imminent, signup for our email newsalerts:
http://www.kget.com/login.aspx?ReturnUrl=%2femailalerts%2femaillists.aspx
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I don't expect a verdict in the penalty phase is too far away. The jury took just over 3 and a half days to find Brothers guilty. And there was much more evidence to consider in the guilt phase. Closing arguments start Wendesday morning. Deliberations could begin shortly thereafter.
Over the last week, we've heard from those impact by these crimes: Eddie Harper, Sr., who lost his mom Earnestine and his sister Joanie. Harper explained how his family has been able to move forward, but not move on. Harper said his mom Earnestine paryed for hours at a time. When he asked her why she was praying, she said she was praying for her children, that they grow up to become productive, spiritual members of society. Harper and his brother would both grow up to become ministers.
The defense presented a series of childhood friends who said Brothers was a good person. He studied hard, was a stellar athelete and was going to make something of himself.
Cherry Jensen, a teacher at Fremont Elementary, said Brothers had a rapport with the children. They all crowded around him on the playground and when he came into her classroom.
"He wants to see you working," Jenses told her students.
Barbara Williams is a retired Assistant Superintendent of Instruction. She says she has had the priviledge of knowing Brothers for 12 to15 years. At Emerson Middle School, Brothers learned Spanish in order to communicate with the many Hispanic kids at the school, Williams said.
"He did some fabulous things," Williams said.
Donald Collier described what Brothers was like in high school. He described a close-knit, working class community in Bellport, NY where Brothers grew up. Brothers was a part of a group of 10 friends. They wanted to make something of themselves, Collier said, pull themselves up by the bootstraps.
"We started a trend in Bellport, we were going to make something of ourselves," Collier said. "We sent several black young men off to college."
"We never dealt with guns," Collier said.
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Eddie Harper is Joanie Harper's brother and Earnestine Harper's son. He gave a victim impact statement today in court.
As Eddie Harper wrapped his testimony, Vincent Brothers leaned forward and tried to catch Harper's attention. He lipped several words and bowed forward with his hands together in a praying motion. Eddie Harper talked with us afterwards.
"I really don't know," Harper said. "It was strange at the least for him to try to talk to me. And then he wasn't really saying words, he was mouthing them like I was supposed to understand."
"I didn't get that feeling [that he was asking for forgiveness,]" he continued.
He said he couldn't hear what Brothers was saying, but he doesn't think he was apologetic or asking for forgiveness. Brothers and Harper were admonished not to talk to one another. Joanie's sister, Elain Byrd, said she thought Brothers may have been threatening her brother.
"He was mouthing it even before Eddie got off the stand," Byrd said."I thought I got what he said, and I don't want to say it at this point, but I did not feel [he was being] apologetic."
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The defense asked for about 30 special jury instructions to be read. The judge took just a handful under consideration. The rest were denied. Perhaps key, the instruction that if they have any lingering doubt Brothers committed the crime, they should vote for life without parole.
The penalty phase starts Monday. See my previous post for the prosecution's witnesses. The defense says it's still not sure who will be getting off the plane on their side Monday.
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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."
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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.
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