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E-mail StoryBrothers will get death, experts say
Judges rarely go against jury's recommendation
| Thursday, Sep 27 2007 7:43 AM
Last Updated: Tuesday, Sep 25 2007 9:46 PM
Little can save Vincent Brothers from being sentenced to death Thursday for killing five family members including his three small children in one of the worst crimes in Kern County history, legal experts agree.
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Vincent Brothers, left, and defense attorney Anthony Bryan during the trial.
But those close to the case hope the hearing will bring closure even though the door to an appeal will swing wide open for years to come.
Brothers, a former vice principal, was convicted on May 15 of killing his wife, Joanie Harper; their three children, Marques, Lyndsey and Marshall; and Joanie Harper's mother, Earnestine. Two weeks later, a jury voted that Brothers should be sentenced to death.
"I think there is a very good likelihood the judge will follow the decision of the jury based upon the convictions themselves," said defense attorney David Torres, who has no connection with this case. "It's basically because of the number and age of the victims."
No superior court judge has reduced a death sentence to life in prison in Kern County since the death penalty was reinstituted in 1977.
A sentence reduction is rare throughout the state, said former prosecutor Jean Rosenbluth, a professor of law at the University of Southern California.
"It's very rare," Rosenbluth said. "If jurors have decided, judges are often loath to substitute their judgment for the jurors'."
MOTIONS BACK AND FORTH
Before the sentencing, Kern County Superior Court Judge Michael Bush must rule on a defense motion for a new trial and a defense motion to reduce the death sentence, which was recommended by the jury, to life in prison.
Deputy District Attorney Lisa Green said that once the judge decides on these motions, sentencing will be a formality.
Family members will be allowed to tell the judge of their loss, but the judge is not allowed to consider this or a report prepared by the county probation department that typically guides the judge's sentence, Green said.
"In a capital case or a homicide case it's more the issue of the victim's family having an opportunity to speak without being under cross-examination," Green said. "It is so different to be able to express your thoughts (this way) than in a question-and-answer mode."
Earnestine Harper's son, Eddie L. Harper Sr., said he and his three siblings plan to attend sentencing.
"We believe (the judge) will follow the recommendation of the jury," Eddie Harper said. "It would be very unusual, very strange for him to turn it into something different."
The Harper children have not yet decided who will speak. But Eddie Harper said he hopes Brothers will hear their message.
"We hope he hears from us. How we feel. Because he doesn't know that," Eddie Harper said. "In a nutshell (we hope he hears about) the lives he has changed both in our family and his family, the hurt he has caused both our family and his family, and just the utter mess he has made of his own life. I don't know if he really grasps that. I'm not sure if he really grasps that."
Brothers' only surviving child, Margaret Kern-Brothers, also plans to speak, said her mother, Shann Kern.
Kern is not sure what her daughter will say.
"She won't be able to talk to him, but she will tell the court what a loss this has been," Kern said. "Her children (that she will have someday) won't have aunties, first cousins, things like that. I think she's ready to do this and get this part over with."
Margaret, 18, started her first year of college at San Diego State University this year.
Defense attorney Michael Gardina wrote in an e-mail that he does not believe anyone will testify on Brothers' behalf because they already testified during the sentencing phase of the trial.
CONTROVERSIAL PRACTICE
Professor Rosenbluth said hearing from victims and families at sentencing is controversial.
"A lot of people think it would inject a lot of unwanted sentiment into the sentencing," Rosenbluth said. "It's a product of the victims' rights movement. I'm not so sure I personally think it helps judges make good sentencing decisions, but it can be seen as cathartic for the family."
Defense attorney Kyle Humphrey, who has been following the case, believes the judge should not be influenced by family members because every person who is killed is a loss to society.
"Victim impact evidence is a real danger to our system of law," Humphrey said.
He doesn't believe defendants should be given a stiffer sentence based on the degree of bereavement of the victim's family.
"No matter what happens it doesn't fix the harm or the pain of the family," Humphrey said.
Attorney H.A. Sala, who also is not involved with the case, said he does not believe victim statements hurt defendants.
"The judge is there to ensure justice is done. I'm not so sure the judge is particularly influenced by emotional appeal," Sala said.
Eddie Harper said he will be relieved when the sentence is imposed.
"We're just glad to finally bring it to a close, at least this part of it," Eddie Harper said. "We're not sure of what will happen in the future. We believe even with all his appeals that justice will be served."