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Judge bars defense theory from murder trial

This story originally appeared January 25, 2007

By JESSICA LOGAN, Californian staff writer
e-mail: jlogan@bakersfield.com | Friday, Feb 16 2007 12:35 PM

Last Updated: Friday, Feb 16 2007 12:35 PM

The defense in the Vincent Brothers case can't argue in the upcoming trial that three people seen lingering around the house where Brothers family was found killed may be responsible for their deaths, a judge ruled Wednesday.

Defense attorneys Michael Gardina and Anthony Bryan wanted two witnesses to say they saw Brothers' slain wife Joanie Harper talking to a woman and two men just before Joanie Harper, her three children and mother were killed in 2003.

Deputy District Attorney Lisa Green said this evidence should not be allowed because these witnesses do not provide enough evidence to raise a reasonable doubt and the judge agreed.

Bush said he needs more time to consider whether University of San Francisco law Professor Richard Leo, an expert in interrogations and coercion, will be allowed to testify at trial.

The defense believes Bakersfield police Sgts. Donald Krueger or Jeffrey Watts coerced Vincent Brothers' brother Melvin Brothers into giving statements against Vincent Brothers to a federal grand jury in 2003.

Leo testified the detectives should not have threatened Melvin Brothers with jail because threats push witnesses to lie.

But Green insists investigators have to use these tough techniques to get the truth from difficult witnesses.

In another ruling, Bush said he would not allow a witness to testify that she saw Brothers in Bakersfield on the afternoon of Friday, July 4, 2003, two days before his family was believed to be killed, because that would be impossible.

But the judge ruled he will allow two people to testify they saw Brothers in Bakersfield that same day around midnight.

The defense believes Brothers was in Ohio visiting family around the time of the killing.

But the prosecution believes Brothers drove back to Bakersfield from Ohio to kill his family.

Brothers, a former vice principal, is accused of killing his wife, Joanie Harper; their three children, Marques, Lyndsey and Marshall; and Joanie Harper's mother, Earnestine.

Brothers has pleaded not guilty.

His family was found dead on July 8, 2003, and he was arrested in April 2004 on suspicion of committing the murders.

The judge will hear further motions today to decide what evidence will be allowed at trial, which is scheduled for February.