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Merced judge: Bush can stay on Brothers case

This story originally appeared April 23, 2005

| Thursday, Feb 15 2007 6:43 PM

Last Updated: Thursday, Feb 15 2007 6:43 PM

A Merced County judge ruled that Kern County Judge Michael Bush would not be biased against quintuple murder defendant Vincent Brothers and will be allowed to hear his case.

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Brothers' attorneys were concerned that Bush may not be able to be fair to Brothers because ofhis friendship with the prosecutor on the case, Lisa Green.

The attorneys on the case returned to court Friday to move up the dates for a motion to dismiss based on prosecutorial misconduct.

The defense has accused the prosecution of coercing the testimony of a crucial witness. The hearing will now be held May 23.

Brothers, the former vice principal of Fremont School, is accused of killing his mother-in-law, Earnestine Harper, his estranged wife, Joanie Harper, and their three children, Marques, Lyndsey and Marshall.

Brothers was arrested April 30 after months of investigation following the discovery of the family killed in their home July 8, 2003.

-- Compiled by Californian staff writer Jessica Logan