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Judge to rule on showing video of family at church

This story originally appeared February 14, 2007

By JESSICA LOGAN, Californian staff writer
e-mail: jlogan@bakersfield.com | Friday, Feb 16 2007 12:53 PM

Last Updated: Friday, Feb 16 2007 12:53 PM

Two blond hairs found in a slain woman's bed could have belonged to someone from her church, the prosecutor in the Vincent Brothers case argued Tuesday.

Deputy District Attorney Lisa Green wants to show a video of Brothers' family, who he is accused of killing, at church on July 6, 2003.

Some people shown in the video have blond hair and Green believes their hairs could have transferred to Brothers' family and into wife Joanie Harper's bed, where she and her three children were found shot to death.

Brothers' attorney Michael Gardina called the theory ridiculous. He doesn't believe the hairs could have transferred this way.

The defense believes the hairs may belong to the real killer, not Brothers, because no one in the family, including Brothers, has blond hair.

Green hopes that would justify showing parts of the video that Kern County Superior Court Judge Michael Bush previously ruled should not be shown to the jury.

The judge said he will rule on this later. He has previously ruled that the prosecution could only use the video to show the family at church because it shows the clothes the Harpers were wearing that day, but not other people.

Green intends to argue the Harpers were killed while they were taking a nap, after they went to church that morning. The prosecutor believes she can prove this by showing some members of the family were killed wearing the same clothes they wore to church.

But the judge ruled the prosecution should not show the rest of the video of other church members because it doesn't prove anything.

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.

The judge and attorneys also continued jury selection Tuesday. They have about 59 jurors to pick from now, but Bush wants between 70 and 90.

Bush discussed the concepts of guilt, reasonable doubt and credibility with jurors. Over the past week he has been teaching potential jurors in groups the basics of criminal trials, including:

* That Brothers is innocent until proven guilty.

* That the deputy district attorney has the burden to prove Brothers guilty beyond a reasonable doubt.

* That the defense attorneys don't have to say a word or provide any evidence to prove Brothers' innocence.

The judge intends to call more jurors today.

Brothers has pleaded not guilty.

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

Opening statements are expected to begin Feb. 21.