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Brothers' money tied up in child custody case

This story originally appeared February 25, 2005

By JESSICA LOGAN, Californian staff writer
e-mail: jlogan@bakersfield.com | Thursday, Feb 15 2007 6:37 PM

Last Updated: Thursday, Feb 15 2007 6:37 PM

Vincent Brothers, a man accused of killing five family members, may be embroiled in a family custody case that left his assets frozen, a development that might also put a chill on his criminal defense.

In papers filed with the court, defense attorney Kevin Little wrote that Brothers is involved in a family court case with Shann Kern, the mother of his 16-year-old daughter Margaret Kern-Brothers. As a result, his assets were frozen, including any money for Little's attorney fees.

Little said the issue could be heard as soon as March 11.

The issue came up when Little asked Judge Michael Bush for a postponement for Brothers' preliminary hearing.

Little argued that he would have a difficult time with a preliminary hearing if he were not being paid.

Bush rejected this argument flatly, but he agreed with other arguments to delay the preliminary hearing and set a new date for May 31.

Bush told Little to speak up now if Brothers' financial situation was going to force him off the case. Little did not respond.

He argued that Anthony Bryan, the attorney appointed to assist Little in Brothers' defense would not have enough time to prepare if they went to preliminary hearing on March 14 as scheduled.

Bryan was appointed to help represent Brothers in January.

"It would be wholly unethical for any counsel to be less than fully prepared for any stage of a capital proceeding," Little wrote in his request to the court.

Deputy District Attorney Lisa Green objected to the motion. She said that Brothers is entitled to only one attorney and asked that Bryan be removed from the case.

Defendants facing the death penalty are entitled to two attorneys, but Green argued she wouldn't officially seek the death penalty until after the hearing. District Attorney Ed Jagels said after Brothers was arrested in April that he wanted the death penalty.

Bush denied Green's request.

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 July 8, 2003. Brothers, former vice principal of Fremont School, was arrested April 30.

Margaret could be Brothers' only living child following the deaths of Brothers' three children with Joanie.

But Margaret and her mother said in May they believe he has at least three more children -- twin girls and a boy named Noah.

Kern said she couldn't go into any details about the case but she said, "Things are getting done."

"Finally, I've got some light at the end of the tunnel and I feel like I'm being done right," she said.

Kern said she's trying to prepare herself and her daughter for Brothers' trial. Kern said Margaret wants to go to some of the trial, but the single mother said she'll decide what Margaret sees.

"Margaret is a very mature person and she's been doing a lot of extra studying about law," Kern said. "She's requested that she'd like to attend opening statements and a couple of regular trial stuff, the closing statements and when the verdict will be read. I don't know if I'm going to give her all that because I have to check her mental state."

Kern said she may go to the preliminary hearings.. After that she'll determine whether or not to let her daughter come.

-- Staff writer Danielle Belton contributed to this report