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The penalty phase will revolve around two issues: aggravating factors like the heinous nature of the crime that could lead to a death penalty sentence and mitigating factors, perhaps about Brothers' character that point more to life without the possibility of parole.
Third Party
W e've just obtained some of the motions filed in connection with the penalty phase of this trial. I'll post them as soon as possible so you can read them for yourself in the CASE FILES section. It appears the defense wants to present exculpatory evidence that Brothers did not kill his family. The defense says that evidence that shows a defendant's innocence of the crimes for which he has been convicted cannot be excluded from the penalty phase of this trial. The attorneys also want to present evidence that someone else may have committed the murders. During pretrial motions, the judge ruled the defense could not present evidence that two men and a woman were seen by neighbors at the Harper home the day of the murders. But the judge ruled it was inadmissible.
Special Instructions
The defense wants the jury to receive special instructions for the penalty phase. The defense' proposed instructions would center on lingering doubt, encouraging a life prison sentence if the jurors have any doubt still that Brothers did not commit the crime. The defense also wants the jurors instructed that "in this part of the trial the law permits you to be influenced by mercy, sympathy, compassion or pity for the defendant or his family in arriving at a proper penalty in this case."
They also want the jury to be instructed this:
"If you have any lingering doubt concerning the guilt of the defendant as to any of those charges of which he was found guilty, or if you have any lingering doubt concerning the truthfulness or any of the special circumstance allegations which were found to be true, you may consider that lingering doubt as a mitigating factor or circumstance."
Jail Conduct
The defense is also exploring the possibility of presenting mitigating evidence that Brothers would function well if sentenced to life without the possibility of parole. This evidence could include the testimony of a prison expert. Such testimony will be based upon Brothers' behavior while incarcerated on the murder charges.
The prosecutor may counter by presenting evidence that he was in technical violation of jail policy: he had an ink pen and more paper than allowed. The defense says Brothers was simply assisting in his own defense.
Military Records
The prosecutor intends to present evidence that Brothers received an honorable discharge from his service in the US Marine Corps and the US Army.
She also indicated she might present evidence Brothers was subject to discipline for reading a book while on duty and for allegedly being minimally insubordinate.
The defense says that shouldn't be allowed because minor discipline by way of warning is something that "could be said of nearly everyone who has served our country."
Character Evidence
The prosecutor plans to present character evidence and perhaps some impact statements from family members like Eddie Harper.
According to defense motions, the prosecutor also plans to present evidence that "Brothers behaved violently in the past." The defense says that's unfair because the prosecutor did not outline what exact evidence she intends to present. The prosecutor says she plans to present "any criminal activity involving the use of or express threats of force or violence."
Tune in tonight at 5, 6 and 11 PM. My colleague Jennifer Musa will have some analysis on what this all means.
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That's now the main question before the jury.
I've talked to many people about this and they say, if ever there is a case where the death penalty applies, killing five members of your family is it.
Then there are those who say death is the easy way out. The defendant should suffer in prison for his crime.
What do you think?
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Today at 11:45, Vincent Brothers was found guilty on five counts of first degree murder.
We first got word that something was happening around 11:20 in the morning. Bailiffs began assembling, and stood post at the front of the courtroom.
I called my newsroom. Assignment editor Michael Trihey answered the phone. Here's pretty much how the conversation went.
Kiyoshi: Hey Mike, something weird is going on here.
Mike: Really? What's going on, do you think there could be a verdict?
Kiyoshi: I don't know, but the bailiffs are standing in formation in front of the courtroom. This is pretty weird.
Mike: I got word from a source that a verdict is down.
Kiyoshi: Are you serious?
Mike: Yes.
Kiyoshi: Hang on. (Talking to bailiffs) Hey guys, what's going. Is there a verdict? I mean, seriously, is there a verdict? OK. Mike, they aren't really answering. I think something is going down.
Mike: OK. Let me know for sure, but I'm sending a photographer.
And from there, chaos. Official word came from the court clerk. A verdict would be read at 11:45 AM.
Quite honestly, I was shocked the verdict came back so soon. It's unusual. But quick verdicts in this case indicate the jurors didn't have much in dispute. In fact, they didn't ask for anything to be read back to them. They didn't ask to examine any physical evidence. It's hard to say what the tipping point was, and we probably won't know until the trial and ends, and if jurors will talk with us.
I was outside the courtroom for the entire reading. I watched the scenario unfold on a TV screen, probably just like you.
What do you think?
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The jury went home at 4:00 PM Monday with no verdict. They usually convene and leave at 4:15. It's unclear why they met 15 minutes early today.
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The jury emerged Monday from the jury room for lunch. They still seem in good spirits, some jurors smiling as they walked down the hall. Deliberations continue Monday afternoon.
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The jury in the Vincent Brothers murder trial wrapped its first full deliberations without a verdict.
The jury began deliberations late yesterday afternoon.
They are charged with deciding whether Brothers is guilty of first-degree murder in the 2003 shooting deaths of five members of his family.
To convict, they must find without a reasonable doubt that Brothers killed his family with planning and forethought.
The attorney verbally sparred for 2 and months in a case that has more than 1100 pieces of evidence entered as exhibits. Deliberations resume Monday morning.
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A juror in the Vincent Brothers case created a graph to help her reconcile the timeline of events in this case. The juror then asked the bailiff to ask the judge if it was OK. Neither side had any problem with it. Defense attorney Michael Gardina said it's appropriate for her to take her own notes. The jury continues deliberations this afternoon on their first full day. The attorneys will meet again at 4:15 pm, as they will throughout deliberations, to get a progress report from the judge.
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Here are some numbers from the Brothers trial. They are based on records:
1,107 exhibits
137 total witnesses
153 people testified, if you count those who took the stand more than once
77 People's witnesses
40 Defense witnesses
14 People's rebuttal witnesses
3 Defense rebuttal witnesses
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The jury deliberated for about 3 hours Friday morning. Then they broke for lunch. They are set to continue deliberations at 1:30 pm...about five minutes from this post. They emerged from the jury room without showing any emotion.
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The jury deliberated just over an hour today. They will return tomorrow. I'll have much more on closings and jury deliberations tomorrow morning.
-Kiyoshi
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Defense attorney wrapped his closing argument this morning.
"I hope you will remember the good things about my client," Gardina said.
Gardina this is is last chance to adress the jury because the prosecutor has the burden of proof and gets to challenge his closing. "I will take whatever beating comes my way," Gardina said.
Prosecutor Lisa Green begins her rebuttal after lunch.
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Stay tuned to 17 News for live coverage of the Vincent Brothers verdict. The verdict could come by the end of this week, but more likely next. We'll be interrupting regular programming on channel 17 when the verdict comes down. Also, we'll be streaming the verdict live on the Web. So if you're at work and are not near a TV, you'll be able to see the story as it breaks. We will be sending out an email newsalert ahead of time to let you know if a verdict is imminent. If you haven't signed up for our email alerts, you can do so here:
http://www.kget.com/login.aspx?ReturnUrl=%2femailalerts%2femaillists.aspx
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Sorry this is a partial raw transcript of Gardina's closing. I didn't have time to take it all down because I was working on my 5 pm story for the air. I'll try to edit and clarify when I get a chance.
2:45:18 The presumption places the burden of proving guilt beyond a reasonable doubt. The burden of proof of guilty beyond reasonable doubt. Not imaginary doubt, beyond of a shadow of a doubt. Based on common sense, based on reason. A lot of questions brought up about evidence. IF you don’t find tourself believing beyond a reasonable doubt. If you. Your obligation is not guilty vote. Even if you think is likely or not guilty. Every element of every crime. Some things no evidence for. Speculation maybe or maybe not, Did not have a key. No evidence of that. Maybe he had a key or maybe he didn’t have a key. Speculated somebody used the garage door opener. In fact he stated in the evidence there was not a single report he saw that a garage door opener was used. Not proof beyond a reasonable doubt. 2:47:41 Somebody used a key to go throught eh laundry room. If you feel that the prosecution depends on going in through the garage door there is no evidence, cannot be convinced beyond a reasonable doubt. It was not earnestine harper’s habit to put under the door. So when you look at the facts and see what the evidence is, somebody used the key, they didn’t. The prosecutor speculates, maybe he had the opportunity. Maybe he went to a shop had one made. It’s all speculation on the part of the prosectuon. Your obligation is to vote no guilty. When you look at the evidence at total and start seeing the holes in this case, don’t believe reasonabl, suspect or probably think he was involved, obligations is to vote not guilty. Time of death is at issue in this case. Tiem factors. 4.72 says is that the people have elected to rely on the acts testified as to having occurred on the 6th day of Kuly, 2003. As constituting the crime charged against the defendat. You must find the defendant guilty. 2:51:05 SHOT OF INSTRUCTION. Have to find he did it, and did it on Sunday the 6th. The reason this is a chart available to travel to Bakersfield from Columbus Go through the first 2 right now. The medical evidence in this case. 4.72 the people died on Monday no Sunday.
Debra Hanks, MD
10:18 PM on July 6, 2003
10:18 AM July 7, 2003
Testified to the presense of rigor mortis. She was the prosecution’s pathologist. And doctor hanks is a medical doctor her speciality is pathology. She was the one contracted for with the County of Kern.
The outside would be 36 hours which would make it Suday night. 2:57:42
Doctor Dollinger missed the medical science rigor mortis. Based time of death, What we did. If you look at the medical evidence or you have a reasonable dount the defendant is not guilty. 3:07:47 5 boxes talk about time and speed. Doctor Solomon on the stand asked him the speed based on certain numbers. The time to drive from Bakersfield to Columbus would be to leave here at 10:18 AM, July 7th, and arrive at 8pm, our time in Columbus. That’s a 10 hour drive.
3:11:10 107 miles per hour state line to stateline. Can’t do that in any car. 3:13:14 Leaving here at 10 PM on Sunday night. Invisible to state troopers. 30 miles faster than the car can safely go. The average speed of the Neon is 212 miles per hour. Based on the speeds this defendant is not guilty. Based on the medical evidence this defendant is not guilty. 3:20:55 For example Janice Ophoven only testified for prosecution. Coroner for St. Louis County. Same thing as Doctor Hanks. A coroner for St. Louis County. Samples collected late. Wouldn’t test it. Had no basis on her opinion. Has nothing to do with what they are talking about. Trying to find a mistake. The temperatures in Bakersfield. Sunday high 99. Monday 96. Tuesday the high was 94 He wrote a report. 3000 crime scenes. Death was likely in the last 24 hours. Ask bring common sense to the courtroom. Described as nutritirional drink cups. Kids cubps from the black angus. Had bougth kids meals. On the breakfast table. Kids cups from 1:30. This was dinner Sunday night. Not Sunday morning breakfast. That would be a scene maker. An inference is an induction of fact that can be reasonably drawn. 3:28:33 Testify about cell phone calls. Every single cell phone call to the phone from the phone between July 8 was in the Columbus Ohio area. From that infer Brothers was in Ohio. 3:28:59 Had direct evidence no one expect brothers used it. Other circumstnatiomnal evidence that would put VB in Ohio that week Circumstnatial was he was in ohio. The prosectuor’s case is entirely circumstantial. There is some direct eidence. That was too broad. 3:30:53 All the evidence points to the fact he is in Ohio. Can’t have a finding o fguilt if there is a second reasonable explanation. Must be proved beyond a reasonable doubt. 3:33;07 Prosecution has not resented any evidence anyone can make that trip. Claism someone used Have to have these bulilding blocks. Fnd that’s reasonable. If you decide one explanation is reasonable. Must adopt that interpretation that points to his innocencen and points to his guilt. Has to adopt the defense interpretation. If one interpretation appears reasonable, other appears unreasonable. Must reject unreasonable. Can it travel at 104 miles per hour? Which we all know is a maxmimum enforcmenet weekend…Is he going to drive 90 miles per hour stateline to stateline and draw attention to himself. No. specially a black man., we don’t have 40 hours. 3:37:23 Photo to show you where he was and where he was going. He parked his blue Chevy s10 at airport bus, and parked it there until seized o July 8. He paid for it with his credit card. He bought it on June 25, 2003 charged it to his VISA the charged was…seized by the BPD.Police used that, the prosecution used that. Thye would have scremeaed, hey he is bakersifeld. That’s the purpose of the cell phone see if they can place him somewhere other than Columbus Ohio. He collected the triangulation records. A person within certain radius of the tower. Wireless calls placed. Inbound call placed to Vincent’s wireless. Can’t rememner a specific day, records help refresh recollection. Let at 805, she knew VB back at 930. On Friday, Vincent Brothers is in Ohio. We know Tami puts him there, we have all his cooberation. Confirms he’s at the house, everybody places him isntal ceiling fan that afternoon. They run errands. 3 oclock in the morning there, there is an inbound cellphone call there, notify him there is a voicemal. Early morning hours around 3. On July 4th 943 Eatern…inbound call from Margaret Brothers. Tam Hodgson confirmed showed up in both places. We know Vincent answers his cell phone in Columbus, Ohio. Triangulate.d Tells us he is in Columbus Ohio. 1329 PDT…429 EDT3:58:22 Not until after threatened that he said Vincent Brothers was not in Ohio. You’ve got the video. If I ;ve got that option, what would I do under those circumstances. Side door at Melvin’s house. Can hear them coming in and coming out. You know if there are sounds in your house what’s going on. Both hear him coming in late Sunday night. Sees him Monday morning. That part never changed. Attacked her about lying about Firday Night. Also cellphone activity that puts him in Ohio. The cell phone cooberates he was in Ohio Sunday. Pacific daylight time, palces a second call to Earnetine’s residence. Nobody piked up. There’s a nother short message, a male voicemail to VB’s cellphone on the ATT&T 4:03:08 You have in evidence, the interview between wayne Wallace and Madera Dowell. See the difference in the styles. Wayne asks open questions. Desribe this describe that. Described what she saw at approximately 7 pm. Ask yourself some basic questions. Gotta ask how this came about. How did the defense investigator know to go to the intersection of Hague and Steele. Because VB was there. How did he know to canvas that neighborhood because they were there. How know ask about an accident between blue Dodge neon and a boy on a bicycle. Because VB was there. Found eyewitmnesses that were there. 4:04:43 Light skinned black male with short hair 59, brown eyes wearing glasses also stated stubble on his face. Itnerview in October 2005. Report you have that Wayne purchased 6 months later. Madera Dowell did not describe Lebbie. What did that little girl actually see. A man like Tamba Lebbie, even lied about his height says 5’11 he’s 5’7. He didn’t talk tot anybody. He split from that scene. The report is what Madera Dowell saw. Exchanged information with the victim. Madera Dowell described VB, asking for directions.Describe dit a as a blue neon manufactured by dodge. Both describe as busy accident. Saw small child on a bicycle. 6-10. He said there was only one occupant of the neon, didn’t pay much attention to him. Knew it was 4th of July because had bbqs…knew it was Sunday. Picture shown to Madera same clothes when in the BP gas station. ATM shot. 4:42:46 Stopped at a gas station along the route.
No trace evidence 5:24;11
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55:30 Don’t know why he killed his family.
Completely wiped away when Brothers took the stand. 56:43 AS writing my closing…remembered saying to the juror in the panels…about the presumption of innocence. The presumption of innocence does not mean the defendant was presumed to tell the truth. 57:14 two different people on that stand. He was quiet, he was tearful, we didn’t see that man on cross-examination. We saw a confident Vincent Brothers, the manipulator. 57:41 We saw the person who thinks he is smarter than everybody else. 57:53
Lie #1 right out of the chute…what VB the girls did on Thursday night. Did they go any place you thought of. We all watched movies in the living room. I think it was midnight. Tami and the girls had gone to the fireworks Thursday. Thursday was the night they saw red white and boom. Later on in his testimony, cross-examination he said he fell asleep. And he, to explain why he made this mistake why he had gone to the fireworks.
Lie #2 Went for the parade Thursday Friday around noon. Said left at 5:30. Lie #3 talked to Tiana and Shemeetha. That’s not what they say. They.
Lie #4 Says Melvin had taken the credit card. Wants to distance because he gave him on Friday. Made it look like he’s helping create an alibi.
See if accidently lost it out there. Had to go to the front door. Isn’t it true didn’t tell Joanie married twice. This is Joanie;s diary passage.
1:03:57 Feb 5, 2000. The lord blessed me to awake to a beautiful blue sky in the window. Down with marques to prepare breakfast. We ate breakfast then took baths. Had to change Marques again because he soiled at 10:15 AM. Vincent came in said what up…put on some sweat pants. Marques and I left shortly afterwards. Stopped at Micheles. Stopped at who’s bad to get hair styled. Still at the shop. After leaving, visit with my mother and go through some paperwork. Came to speak with us. Whatever bothering us, he’s about to reveal. About to have prayer. Says hold onto it. Begins hasn’t been completely honest re: his psat. He the guilty partty in adulty Sharon. But Sharon was not his first wife. Not really surprised. Totally taken back when he said he had been married before. We forgave as the scripture teaches. Didn’t have anything to say. Had to talk about what to do based on word of god. Must separate and not live together as man and wife. 1:06:39 And the child that is to be. What role would he play. Regardless of our circumecnace. They would need him. Me keeping the jeep. We ended the conversation, and I left shortly thereafter. Went to picking up Kelsey. Then went looking for my best friend michelle. Told her we would go to dinner at Mexicalis. Michelle and Jeff arrived. Went to collect from Vincent’s house to collect things for church. Had come over to my house to tell my mother and I. Arrived at Vincent’s he was there. Getting a few things. Would return to get other things on Sunday. Upon leaving him I was upset and crying, I needed a breather, sat down on the curb. Went to Micheless house where I cried somewhere. Anger, sadness, disillusinonet, sorrow for my loss, to never know what it was to have a father in my home. 1:08:52 Never will be my husband, but two other women’s husbanmd. 1:09:05 My mother and I said our prayers. Finally fell asleep and wakeup and wrote in my journal. Goodbye, Joan. Isn’ it true CLOSEUP OF BROTHERS> Feb 5, 2000. January 5, 2000 Married. Reason left you is because you lied to her. He said no. Not true. It was something the preacher said. That was true because he lied. When pastor Jack Stewart testified in rebuttal, he testified she told him the reason she left him is two reasons. Infifelity in their brief marriage. 1:10:34 April 24 first day. April 25, 2007. Lie 7 start dating other women. Pastor Stewart, that Joanie said one of the reasons she left him was infidelity. He said no. Carla Tafoya from started to 2002. Never had been apart more than a couple of months. Lie #8 Rafer Johnson testified it happened. Now know January 31, 2003. Lie #9 Said he got in a disagreement with clients. Threatened him, her gang banger.
Lie #10 Asked him why stay at P street house, Joanie was on bed rest so we were unable to move. That is a lie too. Not on Friday. Had no intention of moving with him.
Lie #11 If you love your wife, why did you have sex with Carla and Lupe? Was ignorance on my part. Was it a mistake> Yes. Yes and I am sorry for it. 1:13:17 Having sex with Lupe that wasn’t a mistake for VB> we all make mistakes. All of us. It was a lot different than a mistake. I have heard it said the past is a mirror to the future. When he had sex in 2003 that wasn’t a mistake. We have only to look at pattern of extra-marital relationsips. Nothing could be further from the truth. Divorced towards end of 1999. Had sex with Shann Kern. Sharon Berniard. Calra Tafoya, Lupe Hernadez and Maria Crisafulli. 1:15:52 Little lady, stature very petite, Who the stipulation was visited the defendant 77 times. The past prior inconsistent statements. Doesn’t want to say anything. Only reason explain visiting him 77 times. Didn’t want to say anything. What he says it this…may of 2003 he told her that he was divorced and wanted to explore new opportunites. May to June 2003. Had sex 4 times at the group home. He needed to keep the relationship between them because it would not look right. She must have just left when asked Maria Crisafulli to come. Did have sex, then changed her story. Clear in 2003, when he says all these things, she was one of 4 people. How much could he have loved her? How much. 1:18:25 The KC Royals game. To the KC Royals game. Or going to the Royals game. KC Missouri. Yes. Anything happened when arrived there. Yes. Got call from Earnestine. First day of cross-examination. When did you leave for Then, go to the next day, a big gap of a weekend. He testified April 24, April 25. Had Doctor Solomon. Doesn’t retake the stand April 30. I’ll tell you exactly what happends, between saying someone got smart and checked the baseball schedule. The defendant found out not playing in KC. They were on the road. Questioning about that. I know not in Kansas City. Didn’t ask me anything else. Suggest in my questions not asking about going then to Chicago. Haven’t seen this either. It was subpoenad. It’s from the KC royals. The affidavait. Yes.The royals were on the road….must have said 4 times going to KC to see the game. What matters he lies about it. He is manipulating this evidence to manipulate you. It’s appalling. 1:23:37 There’s a reason that he said that he had to leave the cell phone on the bus…making the evidence fit the story. 1:24:19 That suggests that he followed that same pattern. Leaving with somebody else, which is consistent leaving somebody in Columbus. The explanation of leaving the phone on the bus…another lie to meet the evidence. July 14th, question any circumstances she would leave the house. The answer was no. Recall testified she would leave the house…Call Margaret Brothers to ask if he ever called her. Nor did he call to explain. He may have called 13 times but he didn’t leave a message. His daughter testified he did not explain why he missed the graduation. Why wouldn’t you call if you missed her 8th grade graduation. 1:28:41 In one bedroom beyond the occupancy rate. Then live in the apartment with marshall. 1:28:59 The occupancy for 2 bedroom. Never denied marques was his son. Didn’t have time to deny the baby. Did deny to Carla Tafoya nad Lupe Hernandez whether he had kids. July 18th, I asked open ended question. How many affairs during other 3 marriages. Don’t recall if I did any. Lie #19…told Joanie about both of his marriage to Angela Richardson, Sharon Berniard. The marriage license process in Nevada. She the clerk gets it from Joanie. We know that isn’t true. They stayed with the children, and Vincent and Joanie went in together. Look at that document. I know you will look at everything. 251 A even when filled out did not indicate actual number of marriages he had. 3 or 4, if assume doesn’t count the anullment. 1:31:22 Stayed in the car and Joanie provided that. July 2o had oral sex in the car. Although. Why would he lie about it. Didn’t want you to thik using it as a place to go to have sex with other women to have sex with other women. 1:32:07 He told her that he wasn’t married to Joanie and he denied saying that to Sharon Berniard. When Carla told him denied being married to her. July 23. 1:32:48 Lie #24 he testified did not have sex with Elixabeth Marques at the group home She testified maintained from graduation daughter from Emerson to 2003. Lie #25 Lupe asked if had been married, he said no. Lie #26 Denied telling Lupe he had kids. Lie #28 I think it’s really important It’s the defendant’s story> It’s what I think is very important. Significance not immediately obvious. Trip in September to Columbus when took the 2500 check. You’ll recall don’t say too much about Melvin because difficult to rely because he did lie so many times.he brought to Melvin Brothers so he could hire an attorney..why not put in the mail. Had to show up to make a point…impeaching testimony of Melvin..thought was amaking a point…he was frightened able to jut show up like that. Also asked him if showed up in a rental car. 1:35:52 On the stand, the defendant took a greyhound bus…cold not recall which city…the evidence is he did not take bus at all. 1:36:15 Recall Krueger testimony where is Troy, tro brothers wasn’t here. Didn’t take that rental car. This is a huge issue reason he lied about it because he deosn’t what anyone to know he is capable of dirivng the car from Bakersiffeld to Columbus. Doesn’t want you to know he would make that drive but he did. Look at the records…going to give you the exhibit number. Says he doesn’t have any cars. Ding ding ding of car opening. Clearly the evidence is Troy wasn’t in town…know he drove the car, see the mileage on the records. People’s 178A Budget Rental cars. Gary Ray senior. Have to look at the mileage on the car…6,408 miles. 22---turned in on Sept. 29. better shut his mouth and stop talking to the cops and here’s 2500 for the lawyer. 1:40:35 I mean really. He knew that Raquel didn’t see him. 1:45:39
The last lie…didn’t recall leaving messages on Carla Tadoya’s cell phone. Clearly the reason she did was because he left a message on her cell phone. 1:50:47
In order to believe VB you have to believe the following people lied.
Esther Quiroz
Kelsie Spann
His daughter Margarte
His friend Gary Rey
Kelsie Spann
Finally even the diary, Joanie had written.
All these people have to be lying. They don’t have any motive to lie. 1:51:40 Aside from all this, I’d ask you to ask yourself this…where is one piece of cooberating evidence in this whole trial that cooberates his story…a witness a piece of physical evidence. There is none. If his story was true..there would be cooberation of physical witness. He calims there is a neighbor who is a postal inspector. 1:52:33 Defense went to Ohio to find Madera Dowell. Couldn’t find a person owned a house in Bakersifeld to subpoena and say yeah I have a postal inspector. 1:53:01 Where are the recepts for anything bus ticket stubs, that ticket they have. Where are the receipts for food. It’s all a lie. Where is the gift he bought for Marques. Ballcap. He kept the cast from his arm. Saw the picture in evidence. He knew he wa the subject of an investigation. Where is the cap he says he bought for his son. Where are the brochures in Dayton. Never went to Dayton Where are the brochures the colleges. Don’t exist didn’t go thtere. 1:54:24 Was a Mr. Indiana tournament in Bloomingtom. Not one piece of evidence. Where is the witness who saw him in Columbus. The one with the dog. 668 Wilshire. That’s Melvin Brother’s address. Where is that guy? To say hey we talked. How hard would it be to find a fellow to say that. It is hard because he wasn’t there. There was not trip to St Louis or Chicago. Because defendeant in Bakersfield July or on his way. And finally, ask yourself why didn’t they call Troy Brothers. It’s his brother, he was in the hallway. 1:55:56 If he was going to testify I was with my brother, why wouldn’t they call him, because that trip never happened. The judge has already told you…that neither side is required to call every person Neither However, no one is required to produce anything. However, I’d ask you if you were on trial and you were accused of murdering your entire family, wouldn’t you put every piece of evidence if tha evidence existed? 1:57:11 we did bring people in to support my client’s statements. 1:57:21 That is the 41st lie. That is the biggest lie of them all. 1:57:34 The biggest gamble VB took was lying about being involved in the car accident in Ohio. Those other 4o pale in comparison. Here’s the gamble. That we, the prosecution team had been too stupid to track down records to show there had in fact been an accident at Hague and Steele. The state of the eviende is…he took the stand April 2007. VB would have been right we were too stupid, we didn’t know. Wayne Wallace, had tracked down the records at aHague and Steele, back in May of 2006 Those records are ine vidnece. His request with number obtained. Cost 1.25 cents. And we know tha ton May 23, 2006 first time he interviewed Atkins. Madera Dowell back in Nov 2005. We think we know because it shows the date. First time knew about way before the prosecution did. 9 months that means the defendant knew, had access to those records, shows there was this accident Heard them testify. Knew all about because he had all info available to him. So, the prosecution team, Sg.t Watts had not found in Ohio back in Noember 2006. He takes the gamble makes it his own. 2:01:32 95 or 96. Sat here and heard Madera say looked similar to the defendant/ He heard Madera Dowell describe the crash car versus bike. He heard, lsitned, raised his right hand, swore to tell the ttruth, and told the biggest lie of all. 2:02:27 One thing I will never forget is this. This quote…And I saw a little girl that looked like ny daughter margarent and so when I drove by, I waved hi to her and she waved hi to me.” He wasn’t in the accident. Didn’t see anybody. Wants you to think had fond associations…the veidnece is he wasn’t gernous with his time, wasn’t generous with his money. Trying to maniplate the evidence again to make you believe he was there. 2:04:05 Wednesday April 24 edned with this car accident and this little boy…Brian Adkins was the dad. And then honestly, the stuff that happens on made for TV movies happened. April 24, Wed afternoon he finishes. Defendat prosecutor asks investigoat ask to bring certified copies was not dispatched. Forwarded an email saying please bring cerritifed copies. Doesn’t get it April 24..Talks to Brown Wed night. Thursday morning runs a broader records query, They run a query of accidents but det buck runs a broader query what do you know…car verss…an dincident at hague and steele. Flew back to Columbus interviewed Tambie Lebbie April 26, 27 denied his involved afraid he was going to be sused, didn’t know who was talking to. Don’t know who it was. Eventually tells them he was the driver. I was drivng ,my 94 mercurcy sable…faded green or light green. That’s how VB got caught in the biggest lie. It came out in time. Also the story how one man intent being acquitted attempted to subvert the criminal justice system in the most vial deplorable way with the help of the investigator Wayne Wallace. 2:09:00 Once come to the conclusion that VB has shown this pattern of lying, he lied because he killed his family and he is guilty of committing these horrible crimes. He said your brother is a sociopath, and he is. 2:10:11 he is a sociopath who gone his whole life lying an dmaniputing people, and believe can get himself out of every situation by lying and manuouatoopl people The eveinde is he lives in a world without truth. And he thinks a world without consequences. VB was not a loving husband and not aloving father. Replete within this trial. One comment something he testified to. Obivously angere.d Shann is so different from Joanie. Realeized not responsible for his daughter. Sought a court order to insure received financial support. See his bitterness toward Shann. Did not trutst. Her. Joanie was different because she loved him. Blindly at firs,t maybe. She obviously loved him despite his many faults, his infidelity. Even married him a second time. My point is he is a master manipualtor. This is his one last chance at manipulating the system. 2:12:53 Failture to prove x y or z. Why did he lie. At his core, you know innocent people do not lie. 2:13:19 Picture taken of VB with tattoo on right shoulder. Only god can judge me. Regardless of your faith or your beliefs you may agree with that sentiment. But ladies and gentlemen, up to you whether tomorrow or the next day or next week. I would tell you you must evaluate the evidence. Have judged him b the laws of the land, and found him guilty of the first degree murder of his family. Returnt hose true on special circumstance of murder.
2:14:59
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Judge Michael Bush dismissed the only black juror from the Vincent Brothers murder trial this morning. The juror slipped out the backdoor of the courthouse and declined to talk.
"The judge ordered me not to," he said.
It's unclear why he was released, and the judge declined to explain what transpired during the hearings yesterday.
There are now 16 members of the jury panel...12 jurors and 4 alternates.
An alternate was removed early in the trial after he admitted to reading portions of newspaper coverage on the trial.
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