Vincent Brothers

Case record: Vincent Brothers

Background

Vincent Brothers was born May 31, 1962. He was an American vice principal and former vice principal of John C. Fremont Elementary School in Bakersfield, California. He held a Master’s degree in education from California State University Bakersfield and a Bachelor’s degree from Norfolk State University.

Brothers was known to have extramarital affairs. During the trial, prosecutors emphasized Brothers’ past marriage difficulties. Joanie Harper previously divorced him in 2000. The couple remarried in Las Vegas in 2003.

Brothers began his career as a substitute teacher in 1987 and eventually became the vice-principal of Fremont Elementary School in 1995. He was described as well-known and well-liked in the Bakersfield, California community, respected as a mentor and a Christian family man.

Joanie Harper gave birth to Marques Juwan in 1998 (Vincent was not present for his birth) and the two married in 2000. Despite separating a month later, Joanie gave birth to Lyndsey Michelle later that year (Vincent was again absent from the delivery). The marriage was annulled in 2001, with Vincent Brothers citing irreconcilable differences and Joanie citing fraud because she allegedly had no knowledge of Vincent’s two previous marriages.

In January 2003, Joanie and Vincent remarried, and in May baby Marshall was born. Brothers moved out of the family’s home in April due to discord between him and his mother-in-law Earnestine, but he was present for Marshall’s birth and for a little while things seemed fine.

Joanie, her mother Earnestine Harper, and her three children were found dead on July 8, 2003.

Brothers first gained national attention after the July 6, 2003 death of his wife Joanie (née Harper), his sons Marques and Marshall, his daughter Lyndsey, and his mother-in-law Earnestine Harper. Although considered a suspect from the beginning, he was not arrested until April 2004. Because of the high media attention surrounding the case, his trial was postponed until February 2007.

The offence

On July 6, 2003, Joanie, her mother Earnestine, and the three children attended Sunday morning church services. It was the first time at church for six-week-old Marshall. After the service, the Harpers went to dine at the Black Angus before returning home to rest until the evening church service.

After calls from friends and family went unanswered, Kelsey Spann decided to check on Joanie Harper and her family. She had not heard from Joanie in several days and feared something was wrong. Kelsey used a key Joanie had provided to insert into the lock at a side door, but something was blocking the door and she could not push it open. She went around to the back of the house and found the sliding glass door unlocked. She entered the house and walked to Joanie’s bedroom. A call to 911 was placed at 7 a.m.

Police arrived at 901 3rd st and found a house of horror. Police found Earnestine Harper in the hallway. Earnestine had been shot twice in the face and was laying in the hallway near her bedroom. The pistol she held when she confronted the intruder was found lying next to her body.

Police found Joanie Harper face down on her bed. Joanie was dead from several bullet and stab wounds to her head, chest and back. Police described that she had been shot three times in the head and twice in the arm and stabbed seven times. Her body was found in the same spots where she and the children had lain after church to nap.

Police found Lyndsey Harper at the foot of Joanie’s bed in her little blue dress. Lyndsey had been killed with a single gunshot wound to the back. Police described Lyndsey as having been shot in the back.

Police found Marques Harper on the bed beside his mother and covered by a sheet. Police described that Marques had been found with his eyes open, with a gunshot wound to the right side of the head. Police described that his fingertips of one of his hands had been bitten to the bone and surmised that he had seen the killer and was frightened.

Police described that Marshall Harper was missing at first but after a search he was found under a pillow near his mother. Marshall had been shot in the back.

The prosecution believed Brothers used a .22-caliber gun and "a stabbing weapon". The conviction carried the special circumstance of multiple murder.

Investigation

Suspicion initially fell on Brothers as Joanie Harper’s estranged husband.

One account described that Brothers was arrested nine months later and charged with five counts of first-degree murder. Another account described that Brothers was arrested in April 2004.

Police tracked down Brothers at his mother’s home in North Carolina and broke the news about his family’s murders. Although he was the only person suspected of the crime, police stated he had left for vacation four days prior to the murders and they could not immediately disprove this alibi.

A neighbor in Bakersfield reported seeing Vincent near the Harper home around the time of the murders.

Rental records for a car Vincent rented in Ohio showed that he put 5,400 miles on it, which would have been enough to travel from Ohio to California and back. In addition, an entomologist examined car parts and found bug parts from species only found west of the Rocky Mountains. Brothers maintained that he had never left the eastern part of the country.

A glove tip containing Brothers’ DNA was found underneath the upturned purse of Joanie Harper shortly following the slayings.

Evidence showed a call was placed to Brothers’ cell phone in Ohio around 4 p.m. on the day of the murder from the Harper residence.

The prosecution alleged that Brothers carried on several extramarital relationships. The prosecution’s theory of motive was greed, describing that Brothers wanted to relieve himself of the burden of supporting his growing family.

Defense arguments addressed the use of extramarital relationships to discredit his character.

Arrest

Brothers was arrested in April 2004.

Trial

The trial began on February 22, 2007. Brothers pleaded not guilty and claimed he was in Ohio visiting his brother at the time of the murders. He described the visit as to a brother he had not seen in ten years.

Prosecutors alleged that on July 2, 2003 Brothers flew to Ohio to visit his brother to establish an alibi. Detectives seized the rental car and alleged that the records proved that while the car was in his possession, Brothers put more than 5,400 miles on the car. Another prosecution account stated that prosecutors contended Brothers drove approximately 4,500 miles in three days.

A radiator and air filter were taken to the Bohart Museum of Entomology for testing. Prof. Lynn Kimsey from the University of California, Davis testified that she found several insect species in the car parts found only in the west, and that the types of insects indicated that the car had only been driven at night.

The prosecution introduced video evidence that proved that Vincent’s brother Melvin used his credit card at Wal-mart. Melvin admitted to forging his brother’s signature. Melvin also admitted that he had no knowledge of his brother’s whereabouts between July 4 and July 7.

The defense claimed that extramarital affairs did not make him a murderer and were used to discredit his character. The defense also argued that cell phone records placed Brothers in Ohio at the time of the murders and that he had been involved in a minor traffic accident when a boy on a bike darted out in the street and ran into Brothers’ car. The defense argued that there was no video evidence of Brothers in over 100 gas stations and mini marts between Ohio and California. The murder weapon was never found.

Brothers testified in his own defense and claimed he had spent time driving around with his other brother Troy, which was why Melvin did not know where he was from the 4th through the 7th. Troy Brothers was subpoenaed to testify for the defense but disappeared. A $100,000 arrest warrant was issued. Columbus police tracked down the man actually involved in the traffic accident with the boy on the bike, and he testified in court.

During the trial, prosecutors emphasized Brothers’ past marriage difficulties, including Joanie Harper’s prior divorce in 2000 and their remarriage in Las Vegas in 2003. Brothers was also described as having lied while on the witness stand.

One account described Brothers’ national attention began after the deaths and stated the jury viewed 1,100 exhibits and heard testimony from 137 witnesses. On May 15, 2007, Brothers was convicted of the murders. The conviction described that a jury found him guilty of five counts of first-degree murder and a special circumstance of multiple murders.

On May 29, 2007, the same jury recommended that the death penalty by lethal injection be imposed.

Sentencing

On September 27, 2007, the Court sentenced Brothers to death.

Judge Michael Bush presided over the sentencing proceedings. Brothers was escorted from the courtroom with expressed no emotion.

Family members were allowed to read statements. Brothers’ only surviving child, Margaret Kern-Brothers, 18, delivered an emotion-packed statement. She said she was resigning from the Brothers’ family and that after she walked out of the courtroom she would forever be Margaret Kern. She stated:

"I am leaving my name with him. I don't have a father now. He is just a man handcuffed to a chair, looking straight ahead. He will never see me again, until it's time to die."

Margaret Kern-Brothers also revealed a suicide attempt when she was younger over being distraught by her family's death. She attributed her survived suicide attempt to her mother, who she claimed was determined not to have her daughter become another victim of Vincent Brothers, who stabbed and shot their relatives.

At sentencing, two defense motions were denied in a Kern County court. After the judge denied life in prison without the possibility of parole, Brothers was consoled by his lawyer. A mistrial was denied as well.

After the sentencing, the judge ruled that Brothers would suffer the death penalty and pay restitution.

Appeals

The record did not include details of appeals. It stated that motions were denied during sentencing, and it stated that a mistrial in the case was denied.

Outcome

Brothers was found guilty on May 15, 2007 of five counts of first-degree murder and a special circumstance of multiple murders.

On September 27, 2007, he was sentenced to death. He was later placed into the custody of the California Department of Corrections and placed on death row at San Quentin State Prison.

A later account described that Brothers broke his silence and took the stand in his own defense, listing names of his slain family members as he testified.

Aftermath

On the same day as Brothers’ sentencing, his estranged daughter Margaret Kern publicly denounced him, and prosecutors discussed their confidence after the sentencing.

Another account described that after the statements, ABC23’s Leticia Juarez met with Margaret Kern. Margaret Kern reiterated that she would only see her father one more time, at the day of his execution.

Other details

Brothers was described as being known to have a history of marriage difficulties and as having a lying posture while on the witness stand.

Brothers used a .22-caliber gun and "a stabbing weapon" was described in connection with the murders.

Kelsey Spann provided details of how she entered the house and discovered the scene.

Timeline note: The record described church attendance and the daytime events of July 6, 2003, the discovery and 911 call at 7 a.m., and sentencing and conviction dates, but it included multiple dates and accounts that were not always consistent in their wording.

Timeline

• May 31, 1962 — Vincent Brothers was born.
• July 6, 2003 — Joanie Harper, her three children, and her mother attended Sunday morning church services; later they did not attend evening services.
• July 8, 2003 — Brothers’ family was found dead.
• 2000 — Joanie Harper divorced Vincent Brothers.
• 2003 — Joanie Harper and Vincent Brothers remarried in Las Vegas; the record also described that in May baby Marshall was born.
• April 2004 — Vincent Brothers was arrested.
• February 22, 2007 — The trial began.
• April 24, 2007 — Brothers took the stand in his own defense, read off names of his slain family members, and testified about his Ohio trip and his time visiting family.
• May 15, 2007 — Brothers was convicted of five counts of first-degree murder; the conviction included a special circumstance of multiple murders.
• May 29, 2007 — The jury recommended the death penalty by lethal injection be imposed.
• September 27, 2007 — Brothers was sentenced to death by lethal injection by Judge Michael Bush.
• After September 27, 2007 — Brothers was placed into the custody of the California Department of Corrections and placed on death row at San Quentin State Prison.