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Judge sheds light on proper use of photos

This story originally appeared February 15, 2007

By JESSICA LOGAN, Californian staff writer
e-mail: jlogan@bakersfield.com | Friday, Feb 16 2007 12:54 PM

Last Updated: Friday, Feb 16 2007 12:54 PM

The judge in the Vincent Brothers case drew a delicate line Wednesday between photos that illuminate an issue and those that show little but gore.

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Kern County Superior Court Judge Michael Bush explained he will allow photos that reveal an important point the prosecution would like to make in the case against the man accused of killing five family members.

For instance, the judge will allow Deputy District Attorney Lisa Green to show photos of the foot of Brothers' daughter, Lyndsey.

The defense believes there was blood on her foot, but the prosecution thinks the discoloration came from decomposition. The prosecution can now show the photo to the jury as an expert talks about it.

But overly gory photos, like autopsy photos, won't be shown, because they won't reveal anything in dispute to the jury, the judge ruled.

Both sides agree that everyone in the family was shot and Brothers' wife, Joanie Harper, was also stabbed.

Other decisions include:

* The defense can present an expert to testify about how police can elicit lies from people through improper questioning techniques.

But the judge said the expert could not discuss the Brothers case specifically.

Defense attorneys Anthony Bryan and Michael Gardina believe investigators pressured a witness into giving incriminating statements against Brothers. The prosecution denies this.

* Bush allowed the prosecution to present an expert witness from the FBI to interpret the crime scene.

For instance, he will tell the jury that the killer staged the crime scene to look like a robbery even though nothing of monetary value was taken.

Wednesday morning, Bush and the attorneys started questioning 85 new potential jurors. The judge excused about 30 because they had pre-paid vacations, couldn't afford to serve on a jury for three months, go to school full time or for other reasons.

Over the next few days these jurors will face further questioning. All the jurors from the past few weeks will return to court Wednesday and the attorneys will excuse the jurors they do not think would be favorable to their case.

Jury selection is expected to continue today, and the trial is expected to begin Wednesday.