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Slaying details given in hearing

This story originally appeared June 2, 2005

By JESSICA LOGAN, Californian staff writer
e-mail: jlogan@bakersfield.com | Friday, Feb 16 2007 9:38 AM

Last Updated: Friday, Feb 16 2007 9:38 AM

On the first day of testimony Wednesday in the preliminary hearing for Vincent Brothers, a popular Bakersfield ex-principal accused of killing five of his family members, the prosecution tried to rule out robbery, burglary and sexual assault as the possible causes of the homicides. Meantime, the defense said DNA evidence found under the fingernail of at least one victim did not match the suspect's DNA and that blond hairs were found in the underwear and bed of Brothers' wife and homicide victim, Joanie Harper. Brothers is black, as were all the victims.

Deputy District Attorney Lisa Green offered only a few kernels of evidence to prove that Vincent Brothers was even in Bakersfield around the time of the killings, let alone in central Bakersfield shooting and stabbing to death five people.

She told Judge Michael Bush that her case is largely based on circumstantial evidence. She still has several witnesses left to go.

Green did set out a host of details through Bakersfield Police Sgt. Jeff Watts about the grisly scene found July 8, 2003, at the house on the corner of P and Third streets.

During much of the gorier details, Brothers sat with his fingers shoved in his ears.

Brothers' estranged wife, Joanie Harper, their three children, Marques, Lyndsey and Marshall, and his mother-in-law, Earnestine Harper, were found killed in their home after a close friend alerted the authorities.

Joanie Harper, Marques, Lyndsey and Marshall were found dead on a bed in Joanie Harper's room, the sergeant said.

At first investigators couldn't find 6-week-old Marshall, but later discovered he was on the bed under a large pillow between his mother and brother, Watts said.

The three children were shot and Joanie Harper was stabbed and shot, Watts said.

Earnestine Harper was found shot two times, one near each eye, in a hallway of the house with a gun near her and her nylons pulled down around her thighs, the sergeant testified.

The gun used to commit the killings has never been recovered and Earnestine Harper was not known to have guns, Watts said.

During the hearing, Green has been carefully laying out details of the crime scene to support her theory that the homicides were not related to a robbery, burglary or sexual assault.

Earnestine Harper kept the house locked up tight with heavy gating around the doors and windows and chairs wedged under door knobs leading outside.

The only unlocked entrance was a sliding glass door, and no signs of forced entry were noted, Watts said.

Joanie Harper was found in her bra and underwear, Watts testified.

Watts confirmed in his testimony that valuables, including a $100 bill laying on a table in Joanie Harper's room, seemed to be left intact.

The lights were off. There was no air conditioning going -- only a fan, the sergeant said.

Watts said the Harpers would not likely be the victims of a burglary or robbery.

"It's a corner house so it's open to view from a lot of angles," Watts said. "It would be less sought after by thieves."

Two cars were also found undisturbed in the garage with their keys easily accessible, Watts said.

Watts testified he ordered sexual assault tests on Joanie and Earnestine Harper. But he never testified Wednesday whether those tests were taken before he got off the stand.

Several other questions were left unanswered. Joanie Harper's purse was dumped out in the laundry room and a plasma screen television in her room seemed to have been placed on its face, the sergeant said.

The attorneys also keep alluding to the fact the Harper house was under surveillance before the killings, but they pointedly dodged what for.

Watts testified one woman who knew Brothers well saw the defendant driving in his truck in central Bakersfield on Sunday, June 6, 2003, some time between 3 p.m. and 4 p.m.

But under cross-examination Watts said the woman waited over a month after the killings to come forward with this information.

Green has argued in court and in court records that Vincent Brothers was visiting family in Ohio when he rented a car, drove to Bakersfield and killed his family.

The defense team raised several issues before the preliminary hearing that it believes could point to Brothers' innocence.

Defense attorney Anthony Bryan said blond hairs were found in Joanie Harper's underwear and in the bed where she was found dead.

She also had DNA material under at least one fingernail that did not match Brothers'.

A preliminary hearing is held to determine if the prosecution can offer enough evidence to justify holding a trial.

In many cases, a minimal defense is offered, but Brothers' attorneys have said they plan to offer an extensive defense during the preliminary hearing.

Green has said the preliminary hearing should last two to four days, but the defense had estimated it would run as long as nine days.

Before the preliminary hearing got under way, the judge denied the defense motion to dismiss the case based on allegations of prosecutorial misconduct and conducting a sham federal grand jury investigation.

Court proceedings continue today.