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Brothers claims harassment

This story originally appeared October 15, 2003

By STEVE E. SWENSON, Californian staff writer
e-mail: sswenson@bakersfield.com | Thursday, Feb 15 2007 4:50 PM

Last Updated: Thursday, Feb 15 2007 4:50 PM

Bakersfield police detectives assigned to investigate the Harper family killings aggressively confronted the only named suspect, Vincent Brothers, on Tuesday morning, the attorney for Brothers said.

The incident happened in the parking lot of Brothers' southwest Bakersfield apartment complex and at his front door, where his lawyer said the officers tried to force their way into Brothers' apartment.

Police disputed the attorney's account.

Brothers spoke briefly with a Californian reporter, but referred questions to his attorney, Curtis E. Floyd.

Floyd said a detective in a purple shirt tried to provoke Brothers by saying, "You want to hit me. Don't you want to hit me?"

Floyd gave this account of what happened at Brothers' apartment complex:

Brothers walked from his upstairs apartment to a parking lot where he went to get a backpack that was in a car he has been driving.

A white, unmarked police car came up to him at high speed and then stopped. Two detectives got out, and one looked around while the other in the purple shirt got within six inches of Brothers' face and talked about nice weather and a nice day.

Brothers felt he was being harassed and went to his apartment. As he opened the door to go inside, the detective pushed on the door and took a step or two inside and began to look around, Floyd said.

"Do you have a warrant?" Brothers asked.

"Do I need one?" the detective responded.

Floyd said "absolutely" the police needed a warrant to search the apartment.

Floyd said Brothers closed the door and felt resistance. Brothers later opened the door, but the detective was blocking his exit.

The detective again pushed on the door and looked into the apartment. Brothers said he would have to call his attorney. The detective asked Brothers if he wanted to hit him.

Brothers called several of his friends to come over to be witnesses. The police backed off and eventually left, Floyd said.

Brothers did not know the name of the detective, Floyd said, and police would not confirm his identity.

The incident ended when Brothers, 41, asserted his right to require police to obtain a warrant before they enter his apartment, Floyd said.

Floyd said both he and Brothers were surprised by the sudden police aggression, which came after more than a month of virtually no contact.

"I don't know why they are acting like this," Floyd said.

Bakersfield police denied any inappropriate contact between detectives and Brothers, calling the incident a "routine follow-up." Capt. Neil Mahan added, "I'm very confident the detectives' conduct was legal, professional and courteous."

Mahan said, "The contact with Mr. Brothers was low-key and no entry was made to his apartment." Mahan said he would not specifically describe what the officers did.

Police have called Brothers the only suspect in the July shooting deaths of Brothers' wife, three children and mother-in-law. The case drew a large contingent of national press and captivated Bakersfield. Thousands attended the funeral of Joanie Harper, 39; her children, Marques, 4, Lyndsey, 2, and Marshall, 6 weeks; and Joanie's mother, Earnestine Harper, 70.

No charges have been filed against him.

Brothers was the vice principal of Fremont School before the killings but has been on paid leave since July 31. He has been performing some school district work out of his home, officials have said.

Floyd has represented Brothers since July 9, the day after police discovered the five slain victims in a house at 3rd and P streets.

In other developments Tuesday, Mahan confirmed that some results of physical evidence in the case have been obtained from the FBI crime lab in Quantico, Va., but "additional evidence analysis needs to be done."

The case, which Chief Eric Matlock has called the department's "highest priority," is progressing, Mahan said. He declined to provide specifics.

"One of the reasons we are so tight-lipped is a successful prosecution and finding the person responsible is our ultimate goal, and we are not going to compromise that," Mahan said.

Police staked out Brothers and his home beginning July 11 when the veteran educator returned to Bakersfield from North Carolina, and they shadowed him for nearly two months before ending the open surveillance about a month ago, Floyd said.

Police have not said if they are maintaining other types of surveillance on Brothers.

The Harpers were last seen alive on July 6 after attending a morning church service.

Brothers reportedly flew to Columbus, Ohio, on July 2 but two witnesses later told The Californian they saw Brothers briefly enter and leave the P Street home, where he also lived, on the day before his family was last seen alive.

On July 8, the bodies were discovered and the case made national television and radio news reports. That night Brothers walked into the police department in Elizabeth City, N.C., the home of his mother, and promised to talk to Bakersfield detectives.

But by the time they arrived the next day, Brothers had changed his mind and invoked his right to remain silent on the advice of Floyd.