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Appellate court clears way for Brothers' case to go to hearing

This story originally appeared February 1, 2005

The Bakersfield Californian | Thursday, Feb 15 2007 6:36 PM

Last Updated: Thursday, Feb 15 2007 6:36 PM

Quintuple murder defendant Vincent Brothers' trial will proceed to preliminary hearing after the 5th District Court of Appeals dropped a case Monday involving his defense.

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The Kern County Public Defender's office was ordered in November to provide Brothers a second attorney to defend him in his capital murder case. Brothers' private attorney is Kevin Little.

But Public Defender Mark Arnold argued his office should not provide a second attorney to Brothers because that would put public resources in the hands of a private attorney.

Arnold asked the 5th District Court of Appeals to decide the issue and stop the case until then.

But the Kern County public defender declared a conflict of interest and was removed from the case.

Since the public defender would no longer defend Brothers, the appeals court closed the case.

Brothers' mother-in-law, Earnestine Harper, his estranged wife, Joanie Harper, and their three children, Marques, Lyndsey and Marshall, were found slain in their Bakersfield home on July 8, 2003. Brothers, former vice principal of Fremont School, was arrested on April 30.

A new date for the Superior Court case has not yet been set.