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Search warrants in Harper slayings to be kept under wraps, judge rules

This story originally appeared September 23, 2003

By AMY HILVERS, Californian staff writer
e-mail: ahilvers@bakersfield.com | Thursday, Feb 15 2007 4:23 PM

Last Updated: Thursday, Feb 15 2007 4:23 PM

The search warrants issued during the investigation of the Harper family slayings will remain sealed and out of the public's view, a judge wrote in a ruling issued Friday.

Judge Charles McNutt denied The Californian's request to unseal the search warrants, saying that to do so would jeopardize the investigation.

The court was persuaded by a declaration from Detective Donald Krueger that said unsealing the warrants would reveal the Bakersfield Police Department's strategy and techniques, taint witnesses and allow a suspect access to information that would let that person alter his routine or change his story.

The court also cited concern with the focus on innocent residents whose names and addresses are listed in the warrants.

"Subjecting such information to public scrutiny at this stage of a sensitive investigation would be unfair and inappropriate," McNutt wrote. Blacking out the sensitive information would not be possible without hindering the investigation, the ruling said.

Mike Jenner, executive editor of The Californian, said he was disappointed by the ruling, but not surprised. Jenner believes the motion would have forced Judge McNutt to allow public scrutiny of his rulings.

It was not The Californian's intention to destroy the police department's investigation, but the laws dictating how court records are sealed should have been followed, Jenner said.

Many of the warrants were served on the home and property of Vincent Brothers and the homes of family members. Brothers remains the only named suspect in the killings of his wife, mother-in-law and three of his children.

Joanie Harper, 39, her mother, Earnestine Harper, 70, and Joanie's three children, Marques, 4, Lyndsey, 2, and Marshall, 6 weeks, were found dead in their home on July 8.

The Californianlater learned that the police department was holding the search warrants related to the case and McNutt was one of the judges who sealed them. Judge McNutt heard arguments on The Californian's request Sept. 5.

Thomas Burke, an attorney for The Californian, argued that the court had not followed proper procedure in sealing the warrants. A public hearing is required by law, and the reasons for sealing records must be stated on the record, Burke said.

Judge McNutt did not address that legal standard in his written ruling.

He agreed with Deputy City Attorney Virginia Gennaro, who argued that releasing the information would reveal confidential information. Gennaro did not return calls for comment.