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Feb 12 11 10:50 AM
Jaycee Dugard, 2010
SACRAMENTO, CA - Jaycee Dugard spent last summer camping with family, the fall taking daytrips with her daughters, and this winter, writing her unique and painful memoirs.
The woman held captive for 18 years is now living the life she dreamed of in childhood diaries kept during her years in the Garrido's Antioch backyard. Dugard, her daughters and mother are renting a four-bedroom house on a tree-lined street in a Northern California neighborhood. Others living on the same street know who they are and are very protective of them.
As the case against Dugard's alleged kidnappers, Phillip and Nancy Garrido, drags on, Jaycee is putting the finishing touches on a book due out later this year. Simon & Schuster has no date for the release but the company's head of publishing has read excerpts.
"I was moved and inspired by the raw power of Jaycee Dugard's voice, her strength and her resilience," said Jonathan Karp.
Jonathan Glatt wrote the first book about the Dugard kidnapping titled, "Lost And Found." Glatt digs deeply into the events surrounding Dugard's kidnapping in 1991 and Phillip Garrido's early life as a bass player in a Lake Tahoe-based band called Rock Creek.
Blogger: Help Jaycee Dugard Blog
"I think he scared a lot of people," said Glatt. "He was doing a lot of drugs and acting crazy. He kept an entourage of very young women. His bandmates became uncomfortable and would ask them if the girls were of age."
Glatt says he wants to be first in line for Dugard's book. "I'm really looking forward to what she has to say," he said.
Mar 2 11 7:32 PM
By Patty Fisher
Mercury News Columnist
Here's how Nancy Garrido's attorney describes the woman who grabbed little Jaycee Dugard off the street and held her hostage for 18 years, along with the two babies the girl bore to Garrido's rapist husband: "She was their mother," Stephen Tapson told reporters Monday. "She delivered the kids. She fed them, took them places. They had that kind of relationship."
And because they had "that kind of relationship" -- the mommy-daughter kind -- Tapson is hoping Jaycee will plead for leniency for his client.
I wouldn't count on it.
Garrido may have raised Jaycee and her kids. She may even have in some fashion protected them from psychopath Phillip Garrido. But calling this sadistic woman their mother renders the word cheap and despicable. She was their jailer, nothing more. And she deserves to die in prison. I know it; real mothers know it. And I bet Jaycee, a mother herself, knows it, too.
Facing life in prison
The Garridos have been in jail in Placerville since their arrest in August 2009 on charges of kidnapping, rape and assorted other horrible crimes. If convicted, they are both going to prison for hundreds of years -- or until they die, whichever comes first.
Jaycee and her two daughters, who were hidden in a dingy warren of tents and sheds in the Garridos' backyard in Antioch, continue to live in seclusion with their real family, trying to recapture stolen time.
This story continues to get to me. I have two daughters of my own, and I can't imagine the pain of not watching them grow into womanhood. I confess that I think about Jaycee whenever I see a little girl biking to school alone, carefree and innocent, with nothing but her wits and a helmet to protect her. I reflexively look around to see if she's being followed. I can't turn off the protective instinct that comes with motherhood, even though my own kids are grown.
What is a mother?
That's why it offends me when Tapson calls Nancy Garrido a "mother." I know he's just trying to attract sympathy for his client, but mothers do more than feed their kids and "take them places." One place she never took those kids was to school. She never took them to a doctor or a dentist, either, though from the looks of recent photos of Jaycee, her "mother" at least made sure she brushed their teeth.
Tapson will argue in court that Nancy was brainwashed by her husband, that she was a helpless meth addict.
I don't buy it. Yes, she was a loser who had "terrible taste in men," to quote Tapson. Phillip Garrido was doing time for rape at Leavenworth when she met him. Not exactly the place to go to find the man of your dreams.
Yet she married him. And then she grabbed a little girl off a South Lake Tahoe street so he could have a sex toy. She stood by while he raped and impregnated a child.
Over time, I suppose she became fond of Jaycee. She may have had feelings for the babies. But being a midwife and a nursemaid does not make her a mother.
Had she loved those girls like a mother, she would have tried to help them, even if it meant risking her own life. She would have called the cops.
Her attorney said that even though she is guilty, "she should be able to at least walk on the beach, probably with a walker, at some point in time before she dies."
I'd say Nancy Garrido had her chance to walk on the beach and blew it. She doesn't deserve another.
Mar 2 11 7:45 PM
Photo credit: AP | Phillip Garrido, right, who is accused of the 1991 kidnapping of Jaycee Dugard, glances at his court appointed attorney Susan Gellman, second from right, following a hearing at the El Dorado County Superior Court in Placerville, Calif., Monday, Feb. 28, 2011. Judge Douglas Phimister refused to release several sealed documents of the case including Phillip Garrido's mental health records. (AP Photo/Rich Pedroncelli)
Nancy Garrido's defense attorney says his client and her husband Phillip Garrido confessed to detectives they kidnapped and imprisoned Jaycee Lee Dugard for 18 years in their Antioch home.
"No question about it, full confession," said Stephen Tapson in describing an interview with investigators that occurred within the last month.
Tapson also said that Jaycee sat across a table from Nancy as she gave her statement. He would not characterize Jaycee's reaction and would not say if Nancy and Jaycee spoke to each other. He did say Nancy was in tears. Jaycee was not present when Garrido was questioned by detectives.
He told reporters that Nancy physically took part in the kidnapping in South Lake Tahoe when Jaycee was 11 years old.
"Kidnapping, false imprisonment," said Tapson. Answering questions from reporters, "Did she grab Jaycee?…Yes…While he was driving she grabbed Jaycee? Yes, yes, yes. That's a given, we're not arguing about that," said Tapson.
What he is arguing about is the fact that his client faces nearly 242 years in prison on the 18-count grand jury indictment that includes rape charges. Tapson said there was no plea deal offered to reduce the possible sentence. He says 20 to 30 years in prison would be more appropriate because he says Nancy did not participate in any of the "sexual stuff."
"She should be able to walk on the beach with a walker at some point in time before she dies," said Tapson.
Tapson said he helped set up the meeting in hopes that Jaycee would offer an opinion about the possible punishment, given that Nancy acted as a mother to both Jaycee Lee and Jaycee's two daughters fathered by her husband Phillip Garrido.
"She was their mother. After the kids were born … she delivered the kids, she fed them, took them places and they had that kind of relationship, which Jaycee has admitted was like a mother," he said of Nancy, who is a trained nurse.
Tapson was not allowed to speak with Jaycee, and she apparently offered no opinion on a possible sentence for Nancy. He said he would still like to speak with her.
"I'm curious to whether or not you think 241 years, 8 months to life is appropriate for Nancy," said Tapson.
He also said Phillip Garrido faces 440 years in prison and that he came clean with detectives so that Nancy Garrido might receive more lenient treatment. Tapson's comments came after Phillip Garrido was granted a delay in entering a plea.
Nancy Garrido entered a not guilty plea in October of last year.
Jaycee Lee Dugard came forward August 2009 after Philip Garrido was brought in for questioning on an unrelated charge.
Mar 6 11 9:40 AM
SAN FRANCISCO (AP) — The revelation that a Northern California couple confessed to kidnapping Jaycee Dugard and holding her captive for 18 years likely indicates plea bargain negotiations that could resolve the case without a trial are well underway, legal experts say.
Stephen Tapson, a court-appointed attorney who represents defendant Nancy Garrido, told reporters this week his client and her husband, Phillip Garrido, recently gave "full confessions" to detectives.
Dugard was present during at least one interview, while investigators sought to determine if there were other victims, according to Tapson.
The admissions likely were made with the stipulation the statements could not be used directly against them as evidence. But the fact that Tapson and Phillip Garrido's lawyer, Deputy Public Defender Susan Gellman, consented to the conversations at all indicates they hope to strike some sort of deal with El Dorado County prosecutors, veteran lawyers interviewed by The Associated Press said.
"It certainly sounds like they are marching toward it, and before the D.A. signs off on it they want to see if there is any glimmer of hope, there is some remorse there, and to make sure they are doing their duty to the public in seeing if there are other victims," said Joe Dane, an Orange County, Calif., criminal defense lawyer who spent 12 years as a prosecutor.
The Garridos were arrested 18 months ago. In addition to kidnapping and false imprisonment, they have been charged with multiple counts of rape, lewd conduct with a minor and child pornography.
Phillip Garrido faces additional allegations that could lead to a tougher sentence because he is a convicted rapist who served 11 years in prison before Dugard's 1991 abduction.
Authorities allege the Garridos kept Dugard, now 30, confined to the backyard of the couple's Antioch home, which had been shielded by shrubbery and a false fence, and outfitted with tents and sheds. While still a teenager, Dugard gave birth there to two daughters fathered by Phillip Garrido and delivered by Nancy Garrido.LAWYER: Couple confessed to Dugard kidnapping
Lawyers not directly involved with the case offered their opinions on what might be going on behind the scenes with the caveat that numerous outcomes, including a trial, still are possible.
Yet they agreed that Tapson's disclosure that prosecutors were talking about a 440-year prison sentence for Phillip Garrido, 59, and almost 242 years for Nancy Garrido, 55, implies that District Attorney Vern Pierson is holding most of the cards, especially if Dugard is not only willing but eager to publicly confront her captors in court.
"The negotiating position of the prosecution has been very, very stiff. They have a high visibility case with outrageously harmful behavior by at least one person who apparently has a history of outrageously harmful behavior," said Stephen Munkelt, a defense lawyer in Nevada City. "One of the few things the defense has to motivate a better settlement by the prosecution is the time, trouble and expense and stress of everybody having to go through the trial process to get the same result."
Sparing Dugard and her children from having to take the witness stand also could be a motivating factor and negotiating tool for both sides. In and out of court, Gellman and Tapson have portrayed the Garridos as having formed unconventional but strong familial bonds with the three. Dugard, meanwhile, is writing a memoir but has mostly avoided the spotlight.
"If the choices are plead guilty to what is guaranteed to be a life sentence or go to trial in what is guaranteed to be a life sentence, there might be a slight tactical advantage in painting them in the light of wanting to cooperate and make amends," Dane said.
He added, however, that such a strategy could prove risky if plea negotiations collapse.
"He has now tainted the jury pool anywhere this case would be tried by admitting she has made a full confession," Dane said of Tapson's remarks.
Jeff Bornstein, a former federal prosecutor who now works as a defense lawyer, said that by making the Garridos available for questioning, the defense could be holding out hope, however slim, for reduced sentences that allow for at least the possibility of parole.
Another possibility is a settlement that requires Phillip Garrido to accept a heavier hit in exchange for some measure of leniency for his wife, said defense lawyer Jeff Rubenstein, who spent five years as a prosecutor.
Tapson hinted at that option when he told reporters he would find a sentence of 20 to 30 years acceptable for his client, and that he could see arguing to a jury that she was under her husband's control.
Rubenstein thinks it's a long shot. While 95% of criminal charges are resolved through plea bargains, serious cases such as this one are more likely to result in trials because the defendant has little to lose, he said.
Still, the one-of-a-kind nature of the case involving a horrific crime that went on for years, and a victim who had family relationships with those accused makes predicting what will happen especially complicated, Golden Gate University criminal law professor Nancy Rutberg said.
"I could imagine if I were the prosecutor in the case, as long as I could get a satisfyingly lengthy sentence, I might want to suggest to the victim the best outcome would be a plea bargain rather than put her through more emotional anguish," Rutberg said. "And if I were the defense lawyer, it seems like an extra-difficult case to come up with a defense for, so I would be looking for a plea bargain as well."
Rutberg said she was intrigued by the confessions and Tapson's statement that Dugard attended one of Nancy Garrido's recent interviews with detectives, presumably to vet the defendant's statements.
Tapson says he wants to know if Dugard thinks his client deserves to spend the rest of her life in prison.
It was the first time the women had seen each other since Phillip Garrido inexplicably brought them and his daughters with Dugard to a meeting with his surprised parole officer in August 2009. Dugard at first identified herself as "Alyssa," an abused woman who had sought shelter with the couple, then under duress revealed her identity to police.
"It must have been a very emotionally wrenching meeting and obviously, it didn't have to happen," Rutberg said of Dugard's presence when police questioned the Garridos. "The fact that (Dugard) went into it says she seems to be an extraordinary woman who has managed to remain resilient and sane despite this horrific experience."
Mar 10 11 2:48 PM
Simon & Schuster has acquired the memoir of Jaycee Dugard, the American 11-year-old who was kidnapped and held captive for 18 years by Philip Garrido, bearing two children by him.
Kerri Sharp, S&S UK non-fiction senior commissioning editor, acquired UK and Commonwealth rights including ANZ from S&S US, which bought world rights from Mort Janklow of Janklow & Nesbit Associates, and Nancy Seltzer, a representative for the Dugard family.
The memoir, as yet untitled, is written by Dugard, now aged 30, and covers the period from the time of her abduction in 1991 up until the present day. According to the publisher: "in her stark, compelling narrative, [Dugard] will open up about what she experienced, including how she feels now, a year after being found"."
Sharp said "Only once or twice in a career does one get the chance to publish such an extraordinary story of survival and courage."
The title will be published internationally in September 2011.
Mar 19 11 9:46 AM
Lawyer Stephen Tapson, who represents defendant Nancy Garrido, told The Associated Press that his client won't be changing her plea to guilty in time for Thursday's hearing because the last offer from the El Dorado County district attorney still had her serving a prison sentence of 180 years to life in exchange.
"Obviously if we got to trial and she loses, she goes to 500 and something years, so what's the difference," Tapson said, adding that he was pushing for a prison term of 30 to 40 years.
Garrido and her husband, Phillip, stand accused of kidnapping Dugard, now 30, when she was an 11-year-old girl and holding her captive in the backyard of their Antioch home. Each has been charged with 18 felony counts that include false imprisonment, rape and child pornography.
Nancy Garrido has pleaded not guilty. Criminal proceedings were suspended against Phillip Garrido for several months while he was evaluated as competent to stand trial. He is scheduled to enter his plea on Thursday.
Speculation that the case against them would be settled soon without a trial began circulating two-and-a-half weeks ago after Tapson told reporters that plea negotiations had opened with the couple giving full confessions to El Dorado detectives.
At that time, Tapson said the El Dorado County district attorney was talking about more than 241 years to life for Nancy Garrido and 440 years to life for Phillip Garrido, a convicted rapist who was on parole when Dugard was snatched from a school bus stop in 1991.
Tapson said prosecutors had hoped the couple would provide during their February interviews information about or confessions in a number of unsolved child kidnappings and murders of prostitutes in Northern California.
Since they did not, there has been little movement in the plea discussions, he said. The 180-year offer for his client, who has admitted pulling the young Dugard into a car driven by her husband but denied participating in any sex crimes, came last Friday, Tapson said.
He said prosecutors now were talking about a prison term in the neighborhood of 500 years for Phillip Garrido.
"The DA wants to say, 'I put the Garridos away for 5,000 years,'" Tapson said.
District Attorney Vern Pierson declined comment on the status of the case.
A plea bargain would allow Dugard and the two daughters she bore Phillip Garrido as a teenager to avoid having to testify before her alleged abductors. Dugard is scheduled to publish her memoirs in September, but has sought privacy since being freed a year-and-a-half ago.
Mar 19 11 10:02 AM
Dugard was insulted when the lawyer for Nancy Garrido said his client deserved compassion because she acted as Dugard's mother during her ordeal and was under the control of her husband, co-defendant Phillip Garrido, El Dorado County District Attorney Vern Pierson told reporters.
"I think that to make a comment about Nancy being like a mother and she was an unwilling participant and she should be shown some compassion ... Those were offensive comments," Pierson said about the remarks by court-appointed attorney Stephen Tapson.
Pierson spoke after a brief court hearing where criminal proceedings against the Garridos were put over for three weeks while negotiations continued on a possible plea deal that could spare Dugard and her two daughters fathered by Phillip Garrido from testifying at a trial.
Pierson, however, said he agreed with Tapson and Deputy Public Defender Susan Gellman, who represents Phillip Garrido, that resolving the case without a trial would be best.
"Given the enormity of what these two did, it's very tough to go have a trial," Pierson said. "That's not the best outcome, but it's one we are prepared for."
The Garridos are accused of kidnapping Dugard, now 30, when she was an 11-year-old girl and holding her captive in the backyard of their Antioch home until they were arrested in August 2009. Each has been charged with 18 felony counts that include false imprisonment, rape and child pornography.
Nancy Garrido has pleaded not guilty. Phillip Garrido has not yet entered a plea.
Criminal proceedings against him had been suspended for several months while he was evaluated and eventually deemed competent to stand trial.
His lawyer on Thursday asked for more time to
review the charges. Superior Court Judge Douglas Phimister ordered the couple to return to court on April 7.
Speculation that the case would be resolved began circulating more than two weeks ago after Tapson told reporters that plea negotiations had opened with the couple giving full confessions to police.
Prosecutors had hoped the couple might also provide information about a number of unsolved child kidnappings and murders of prostitutes in Northern California.
Since they did not, there has been little movement in the plea discussions, Tapson said.
Pierson has proposed a sentence of 180 years to life for Nancy Garrido, and more than 563 years to life—the maximum if he is convicted of all charges—for Phillip Garrido, a convicted rapist who was on parole when Dugard was snatched from a school bus stop in 1991.
"It's frowned upon in my profession to stand up and have your client plead to 180 years to life," Tapson said.
Nancy Garrido admitted pulling the young Dugard into a car driven by her husband but denied participating in any sex crimes, her lawyer said.
In a written statement Thursday, Pierson elaborated on his reasons for insisting that Nancy Garrido bears significant responsibility for Dugard's pain and her husband's behavior. He said Nancy Garrido alone imprisoned Dugard for 42 days in 1993 when her husband was in federal custody on a parole violation.
"Not only was Nancy Garrido directly involved in the kidnapping of Jaycee back in 1991, but she actively participated in videotaping young children before and after the 1991 abduction," Pierson said. "So, having viewed all of the evidence and videos in this case I will answer Mr. Tapson's question—No, I do not think that Nancy Garrido deserves my compassion."
Nancy Garrido has not been charged in any separate videotaping incidents not involving Dugard.
Gellman said Phillip Garrido has expressed a willingness to take a harsher penalty if it means his wife would get off with a lighter sentence. As Nancy Garrido was led from the courtroom Thursday, she turned and gave her husband a warm look and smile.
The two, who have been prohibited from speaking on the phone while jailed, exchanged "I love yous," Gellman said.
Mar 19 11 11:00 AM
The Garridos appeared before El Dorado County Superior Court Judge Douglas Phimister, who heard pleas from their appointed counsels for more time to review a lengthy battery of legal filings charging the couple with the kidnapping, captivity and sexual bondage of Jaycee Lee Dugard, now 30.
Stephen Tapson, attorney for Nancy Garrido, said his client faces 180 years in prison while her husband faces more than 500 years.
Susan Gellman, attorney for Phillip Garrido, said any new prison sentence for her client is largely academic, as he is on lifetime federal parole for the 1976 kidnap and rape of a South Lake Tahoe woman.
"He would be spending the rest of his life in prison" anyway, Gellman said.
Tapson said he holds out hope that Nancy Garrido might be freed in her final years, but that it was "unlikely." Both Tapson and Gellman said they want to avoid a trial. When asked whether plea agreements will be reached by April 7, the Garridos' next scheduled court appearance, Tapson said, "Possibly."
District Attorney Vern Pierson said his office also wants to spare Jaycee and her two daughters from having to testify in open court.
"Given the enormity of what (the Garridos) did, it's very tough," Pierson said. "But we're prepared to go to trial."
Phillip Garrido, 59, and his wife face an 18-count indictment related to their alleged kidnapping of an 11-year-old Jaycee from her South Lake Tahoe neighborhood in 1991 and hiding her in a home near Antioch until 2009. He has yet to enter a plea or be formally arraigned.
Nancy Garrido, 55, pleaded not guilty shortly after the two were indicted by a grand jury last September.
Pierson consented to Gellman's and Tapson's requests for more time to examine the charging documents.
"When you have an indictment that spans 18 years there could be some problems in terms of language," Gellman said.
Tapson also asked the judge to help arrange a meeting between the husband and wife at the county jail. Phimister gently rebuffed that request, citing the sheriff's previous objections to such a tryst.
Phillip Garrido appeared in court Thursday wearing an orange jumpsuit and showing a freshly shaved head and face -- distinctly different from the longer hair and thick beard he sported during a February hearing. Nancy Garrido was similarly dressed and did not use her hair to shield her face from the media as she had routinely done in the past.
In February, Tapson told reporters that the Garridos had confessed to authorities about their roles in the kidnapping and subsequent captivity that went unnoticed by state parole agents for 18 years. During that time, Jaycee bore two daughters with Phillip Garrido. Tapson said the confessions were in the spirit of asking for leniency from prosecutors, and asked Jaycee to weigh in on the sentencing.
"I've been standing by the phone. I haven't heard from her," Tapson said.
Pierson said he took exception to what he called Tapson's assertions that he had no compassion for the Garridos, and Tapson's argument that Nancy Garrido should be afforded mercy because while she was a captor, she was a mother to Jaycee.
"Jaycee as well as her mother Terry would be very understandably offended," Pierson said.
Pierson added that his staff is in regular contact with Jaycee -- who remains in seclusion -- and her mother, Terry Probyn, to keep them abreast of the proceedings.
Last year, Jaycee observed as investigators interview Nancy Garrido, their first contact since her captivity ended.
As Thursday's hearing ended Gellman said Phillip and Nancy Garrido exchanged pleasantries.
"It was to the effect of 'I love you' and 'Take care,'" she said. It was a rare interaction: their once-monthly phone chats were suspended in February.
DISTRICT ATTORNEY RESPONSE TO COMMENTS MADEBY NANCY GARRIDO’S ATTORNEY STEVE TAPSON
A few weeks ago, Mr. Tapson publicly questioned my lack of compassion for his client Nancy Garrido. He asserted that his client “fully confessed” to the crimes and deserves to get less time in prison because Nancy Garrido was "like her mother" when Jaycee’s children were born, and he claims somehow that Nancy Garrido was not an active participant in the alleged crimes. Let’s set the record straight for Nancy Garrido and her attorney… Terry Probyn is Jaycee’s mother.
Perhaps my alleged lack of compassion comes from my awareness of many disgusting facts concerning Nancy Garrido’s personal involvement in this case.
We would like Nancy Garrido and her attorney to ask themselves what type of “mother” would marry a convicted rapist and kidnapper in Leavenworth prison, then assist in videotaping young children in parks for years, then assist in the abduction of an innocent 11 year old girl off the street, and then allow years and years of sexual assaults?
Nancy Garrido’s attorney claims that she deserves “mercy” and that she was just an “unwilling participant.” But, where was Nancy Garrido’s mercy when she, and she alone, imprisoned Jaycee Dugard for 42 days back in 1993 when her husband was in federal custody on a parole violation? And, how can Nancy Garrido or her attorney attempt to claim that she was an unwilling participant when in 1993 Nancy Garrido was in the back of a van luring and videotaping a 5 year old child to bend over in front of the camera? Nancy Garrido was not an unwilling participant. She was actively videotaping a 5 year old child for the express purpose of providing her rapist husband with sexually perverse entertainment. She did all of this 2 years after abducting Jaycee, who was still imprisoned in the Garridos’ back yard.
Not only was Nancy Garrido directly involved in the kidnapping of Jaycee back in 1991, but she actively participated in videotaping young children before and after the 1991 abduction. So, having viewed all of the evidence and videos in this case I will answer Mr. Tapson’s question – No, I do not think that Nancy Garrido deserves my compassion.
Mar 19 11 11:15 AM
PLACERVILLE -- The wrangling continues over how best to resolve the Jaycee Lee Dugard kidnap case, but it appears increasingly likely that accused kidnappers Phillip and Nancy Garrido may end up pleading before the case goes to trial.
Phillip Garrido faces 563 years in prison under an offer from the El Dorado County District Attorney, one lawyer in the case said today, while his wife faces 180 years, up from the 140-year offer made earlier.
The pair appeared in court briefly today and are set to return for a new hearing April 7, when it is possible that the case may be resolved.
But there are clear indications of impatience over how slow events are progressing and signs of animosity between Nancy Garrido's attorney, Stephen Tapson, and District Attorney Vern Pierson.
Pierson complained in court at his frustration over the "glacial-like pace" of the case after Phillip Garrido's attorney, Susan Gellman, asked for a slight delay before her client enters a plea on the indictment issued six months ago.
Pierson also said outside court that he would be issuing a written statement later today addressing comments Tapson made at the last hearing indicating Pierson had no compassion for Nancy Garrido.
Both Garridos have confessed to their involvement in the abduction of Dugard in 1991 when she was 11, Tapson has said, and Phillip Garrido will spend the rest of his life incarcerated regardless of how this case plays out because of parole violations pending in a previous Nevada case.
Tapson has been holding out in hopes that Nancy Garrido could someday win release from prison, but conceded today that would take heavenly intervention.
He had made a public plea after the last hearing for Dugard to issue a signal that she wanted Nancy Garrido to someday win release, but said today he had not heard any such message from her. Tapson has said Nancy Garrido, who grabbed Dugard off the street for her husband, was like a mother to Dugard and the two daughters she had as a result of the sexual assaults by Garrido.
But that comment offended Pierson, as well as the husband of former Garrido victim Katie Callaway-Hall.
Jim Hall pointedly noted after court that Jaycee's mother is Terry Probyn, and that she missed 18 years of her daugther's life while Jaycee was being held hostage in Antioch, much of that time in tents in the Garridos' backyard.
Mar 19 11 11:22 AM
Another court delay Thursday dashed speculation of possible guilty pleas from Phillip and Nancy Garrido, the couple accused of kidnapping and sexually tormenting Jaycee Lee Dugard and holding her captive for 18 years in their backyard compound in Northern California.
After a hearing in El Dorado County Superior Court, Dist. Atty. Vern Pierson criticized comments made by Nancy Garrido's defense attorney a few weeks ago, when he called for compassion for his client because Garrido was "like her mother" when Jaycee's children, fathered by Phillip Garrido, were born.
"Perhaps my alleged lack of compassion comes from my awareness of many disgusting facts concerning Nancy Garrido's personal involvement in this case,'' Pierson said in a statement.
Pierson said Nancy Garrido not only assisted her husband when he snatched Dugard off a South Tahoe street 18 years ago, but also helped imprison the girl in the couple's backyard and videotaped other young children to "provide her rapist husband with sexually perverse entertainment.''
The couple confessed to the crimes last month because Phillip Garrido, 59, hopes to negotiate a reduced sentenced for his wife, according to Stephen Tapson, Nancy's Garrido's attorney.
Tapson told the Associated Press that the last offer from the El Dorado County district attorney still had her serving a prison sentence of 180 years to life.
"Obviously if we go to trial and she loses, she goes to 500 and something years, so what's the difference?" Tapson said, adding that he was pushing for a prison term of 30 to 40 years.
Phillip Garrido would face a sentence of more than 500 years in prison under an offer from the prosecutor.
The Garridos married in 1981 at the U.S. penitentiary in Leavenworth, Kan., where Phillip was serving a 50-year sentence for a 1976 kidnapping and rape.
The discovery of Dugard, who gave birth to two daughters after being repeatedly raped, made international headlines two years ago, and the Garridos face nearly 30 counts of kidnapping, rape and false imprisonment. Dugard, now 30, was abducted by the Garridos when she was 11 years old.
The couple took her to Antioch, Calif., and kept her imprisoned in tents and soundproof shacks for 18 years. Phillip Garrido is accused of repeatedly raping the girl, sometimes videotaping the assaults, according to his grand jury indictment.
The prosecutor dismissed a comment from Nancy Garrido's attorney that she was an unwilling participant, noting that "she alone" helped keep Dugard prisoner for 42 days in 1993 when her husband was in federal custody on a parole violation.
Pierson also provided details of a 1993 incident in which Nancy Garrido lured a 5-year-old child into the couples' van and, while videotaping, enticed the child to bend over. It was one of many instances when Nancy videotaped children for her husband's sexual gratification, he said.
"No, I do not think that Nancy Garrido deserves my compassion,'' Pierson said.
The Garridos' next hearing is scheduled for April 7.
Mar 19 11 11:36 AM
PLACERVILLE, Calif - The El Dorado County district attorney says Nancy Garrido videotaped another 5 year old for her husband's sexual gratification two years after Jaycee Dugard's abduction.
District Attorney Vern Pierson made the allegation in a statement he issued following Thursday's court hearing for Garrido and Phillip Garrido.
The hearing for the couple accused of abducting and holding Dugard in their Antioch backyard for 18 years was continued amid negotiations of a possible plea deal.
The Garridos will return to court on April 7.
Lawyer Stephen Tapson, who represents Nancy Garrido, told The Associated Press that his client wasn't planning to change her plea to guilty just yet because the last offer from prosecutors had her serving a prison sentence of 180 years to life.
Speculation that the kidnapping, rape and wrongful imprisonment case against them would be settled soon without a trial began circulating two-and-a-half weeks ago after Tapson told reporters the couple had given full confessions to authorities.
At that time, Tapson said prosecutors were talking about more than 241 years for Nancy Garrido and 440 years for Phillip Garrido. He said the district attorney's office showed a lack of compassion for his client.
Thursday, D.A. Pierson fired back at Tapson, saying what he knew about Nancy Garrido's "personal involvement" in the alleged offenses precluded his compassion.
"We would like Nancy Garrido and her attorney to ask themselves what type of 'mother' would marry a convicted rapist and kidnapper in Leavenworth prison, then assist in videotaping young children in parks for years, then assist in the abduction an innocent 11 year old girl off the street, and then allow years and years of sexual assaults," Pierson said in a news release.
"Nancy Garrido's attorney claims that she deserves 'mercy' and that she was just an 'unwilling participant.' But, where was Nancy Garrido's mercy when she, and she alone, imprisoned Jaycee Dugard for 42 days back in 1993 when her husband was in federal custody on a parole violation? And, how can Nancy Garrido or her attorney attempt to claim that she was an unwilling participant when in 1993 Nancy Garrido was in the back of a van luring and videotaping a 5-year-old child to bend over in front of the camera? Nancy Garrido was not an unwilling participant. She was actively videotaping a 5-year-old child for the express purpose of providing her rapist husband with sexually perverse entertainment. She did all of this 2 years after abducting Jaycee, who was still imprisoned in the Garridos' back yard.
"Not only was Nancy Garrido directly involved in the kidnapping of Jaycee back in 1991, but she actively participated in videotaping young children before and after the 1991 abduction."
Mar 22 11 6:37 PM
March 20th, 2011 Placerville, Calif. - Nancy Garrido, the wife of convicted sex offender Phillip Garrido, deserves no mercy for her role in the 1991 kidnapping of Jaycee Dugard, according to the El Dorado District Attorney Vern Pierson. In fact, the DA claims that Nancy actually provided sexual titillation for her husband by luring and videotaping a kindergarten-aged child.
Pierson’s claims come after Nancy’s attorney, Steve Tapson, issued a statement saying his client was innocent of sexually assaulting Jaycee and acted as a mother to the girl and her daughters.
In 1991, while at a school bus stop in South Lake Tahoe, Calif. an 11-year-old Jaycee was allegedly kidnapped by Nancy and Phillip Garrido and then kept prisoner in the couple’s backyard for almost two decades. In addition, Phillip fathered two of her daughters while Jaycee was in captivity.
Pierson alleges that in 1993, Nancy actually lured and videotaped a 5-year-old child, convincing the victim to “bend over in front of the camera” in order to give Phillip “sexually perverse entertainment.”
He noted that his “alleged lack of compassion” for Mrs. Garrido is derived from an “awareness of many disgusting facts concerning Nancy Garrido’s personal involvement in this case.”
Pierson then pondered, “…what type of ‘mother’ would marry a convicted rapist and kidnapper in Leavenworth prison, then assist in videotaping young children in parks for years, then assist in the abduction of an innocent 11-year-old girl off the street, and then allow years and years of sexual assault?”
Tapson responded by saying Nancy had already confessed to videotaping the child and she and her husband did not touch the 5-year-old victim.
Nonetheless, Tapson sees some good in his client, saying, “After the second child was born [Jaycee’s daughter fathered by Phillip], she [Nancy] cared for it and fed it… There is some quality of mercy in her acts.”
Mar 25 11 8:18 PM
SACRAMENTO (CN) - Kidnap victim Jaycee Lee Dugard's mother sued the California Department of Corrections and Rehabilitation, claiming it inappropriately classified her daughter's abductor as a low-risk parolee and failed to inspect his home, where he kept her daughter in "makeshift buildings, tents and other structures in his back yard." Dugard was held captive for 18 years and allegedly "endured severe sexual, physical and psychological torture" from Phillip Garrido, who fathered two children with her while she was imprisoned. Dugard's mother, Terry Probyn, says that for most of the time that she was separated from her daughter, Dugard "was imprisoned in Garrido's back yard, while Garrido was being supervised by CDCR, until finally being rescued on or about Aug. 26, 2009." Despite parole officers' visits to Garrido's home, Dugard was not freed "from her horrific ordeal, continuing to prevent plaintiff from any access to her long-lost daughter," according to the Superior Court complaint. The California Department of Corrections and Rehabilitation issued a 45-page report in November 2009, acknowledging that it had "repeatedly failed to properly classify and supervise parolee Garrido during the decade it supervised him," and "missed numerous opportunities to discover Garrido's victims." Probyn says the state should have classified Garrido as a "high control" parolee; that it failed to "conduct the minimum number of visits required" to his home; and that it failed to monitor Garrido on a GPS device that issued alerts "indicating that Garrido was not following parole instructions The state also failed to refer Garrido for a mental assessment, or to "provide proper supervision over parole agents who were assigned to overseeing Garrido," the lawsuit claims. The agency overlooked Garrido's criminal past, Probyn says, which included arrests for the rape of a 14-year-old girl and her friend in 1972, the kidnapping and rape of a 19-year-old woman in 1976, and the kidnapping and rape of a woman in Lake Tahoe in 1976. Garrido was convicted in a Nevada Federal Court in 1977 for the Lake Tahoe kidnapping and rape, resulting in a 50-year sentence, and was also "tried on the state level and sentenced to an additional five years," according to the complaint. Garrido served 11 years of the 50-year federal term and was "paroled from federal prison on or about Jan. 20, 1988, when he was released to Nevada authorities to serve his state sentence," the complaint states. Garrido was paroled 8 months into his state sentence, and less than 3 years into his parole, "he kidnapped plaintiff's daughter and kept her captive and away from plaintiff during and after his parole was transferred to CDCR in 1999," Probyn says. Dugard, who is not named in this complaint, was kidnapped on June 10, 1991 near Probyn's home in South Lake Tahoe, allegedly by Garrido and his wife, Nancy. She was not rescued until Aug. 26, 2009, after Garrido brought her and their two children to "a public location raising suspicion and leading to his eventual arrest," Probyn says. The Garridos were indicted on 18 counts each of kidnapping, forcible rape, lewd acts on a child, false imprisonment, and possession of child pornography. Nancy Garrido pleaded not guilty in September; Phillip Garrido has not yet entered a plea after being found competent to stand trial. Probyn seeks general and special damages for failure to discharge mandatory duties, negligence, negligent hiring, and negligent infliction of emotional distress. She is represented by Nina Salarno Ashford with California Victim Advocates.
Apr 5 11 6:30 PM
By Sam Stanton
Accused kidnapper Phillip Garrido is expected to plead guilty Thursday to the 1991 abduction of 11-year-old Jaycee Lee Dugard in a bid to show compassion for Dugard as well as his wife, Nancy, one of the lawyers in the case told The Bee today.
Stephen Tapson, Nancy Garrido's attorney, said this afternoon that a deal was reached last week that calls for Phillip Garrido to enter a guilty plea and spend the rest of his life in prison. However, Tapson said he expects Nancy Garrido to face trial unless El Dorado County District Attorney Vern Pierson agrees to a compromise that might allow Nancy Garrido to be released from prison in 30 years or so.
Neither Pierson nor Phillip Garrido's public defender, Susan Gellman, could be reached immediately today.
But Tapson said Phillip Garrido's expected guilty plea will allow Dugard to avoid testifying against the man who kept her captive for 18 years and whose sexual assaults of her resulted in two daughters being born in captivity.
He also said Garrido was showing mercy to his wife by agreeing to plead and showing that "the major evil person is out of the way."
Phillip Garrido's lawyer has conceded there is no way her 60-year-old client can ever hope to win release from custody. But Tapson holds out hope that Nancy Garrido, 55, may be able to win a deal that could see her walk free in 30 years. Tapson said prosecutors originally offered Nancy Garrido a 40-year deal and that he was told the Dugard family did not object to that. But prosecutors later upped the offer to 184 years, he said, adding that it made no sense for him to accept an offer like that rather than go to trial.
Tapson said he still is hoping for an offer "within reason to avoid the tribulations of a trial at great cost to the taxpayers."
The Garridos are accused of snatching Dugard off the street outside her South Lake Tahoe-area home as she was walking off to a school bus stop.
Nancy Garrido is believed to have been the one who dragged Dugard into the car. The couple is accused of taking Dugard to their Antioch home and keeping her captive in tents in the backyard and locked sheds until she was rescued in August 2009.
Both suspects admitted to their involvement in recent interviews with detectives, including one with Nancy Garrido that Dugard watched, Tapson has said.
Phillip Garrido, a convicted kidnapper and rapist, was on parole at the time of the kidnapping. Jaycee Dugard won a $20 million settlement from the state of California over parole agents' failure to detect her presence at the Garrido house for years.
Dugard, who is now living in seclusion in Northern California and writing a book, has yet to speak publicly about her ordeal.
Her mother, Terry Probyn, filed a civil suit against the state Department of Corrections and Rehabilitation seeking special and general damages for negligence, failure to discharge mandatory duties, negligent hiring and training and infliction of emotional distress.
The suit, filed March 22 in Sacramento Superior Court, accuses the department of "egregious conduct" that caused Probyn to suffer "severe emotional distress learning of the torture and abuse her daughter endured while a captor of Garrido's and trying to re-establish the relationship lost over all those years."
Apr 7 11 6:09 PM
Wednesday, April 6, 2011
SAN FRANCISCO (AP) — An attorney in the case of a Northern California girl held captive in a backyard compound for 18 years expects defendant Phillip Garrido to plead guilty to all charges in a decision that could be part of a strategy to help his wife, one legal expert said.
Lawyer Stephen Tapson, who represents defendant Nancy Garrido, said her husband likely will make the guilty plea tomorrow at a pretrial conference, but Nancy Garrido will go to trial unless she gets a better plea deal.
“Unless some hitch develops, I’m 99 percent sure Phil will ‘plead to the sheet’ and possibly be sentenced at the same time if” the “judge has figured out the correct number of hundreds of years,” Tapson said, explaining he learned of the development from discussions with a lawyer for Phillip Garrido and the prosecutor in the case.
Phillip Garrido’s expected guilty pleas could be part of a strategy to help in his wife’s defense, said Steven Clark, a San Francisco Bay Area defense attorney and former prosecutor.
“He will testify on her behalf and essentially take as much as the fall as he can for her,” said Clark, who is not directly involved in the case.
Public defender Susan Gellman, who represents Phillip Garrido, did not immediately return a phone message seeking comment. El Dorado County District Attorney Vern Pierson declined to comment.
The Garridos each are charged with 18 felony counts of false imprisonment, rape and child pornography.
Nancy Garrido has pleaded not guilty. Phillip Garrido, a convicted sex offender, has not yet entered a plea.
They are accused of kidnapping 11-year-old Jaycee Dugard from outside her South Lake Tahoe home in 1991.
Clark also speculated guilty pleas by Phillip Garrido could be part of a strategy to try to negotiate a lesser sentence for Nancy Garrido to keep Dugard from having to testify.
If convicted on all counts, the maximum sentence for Nancy Garrido would be 181 years to life while Phillip Garrido could get 431 years to life, El Dorado County Deputy District Attorney James Clinchard said.
The Garridos held Dugard and her two daughters fathered by Phillip Garrido captive until their arrest in August 2009, prosecutors said.
Dugard’s case revealed problems with California’s system for monitoring convicted sex offenders after it was determined parole agents had missed numerous clues and chances to find her.
Dugard, now 30, received a $20 million settlement under which the state acknowledged repeated mistakes were made by parole agents responsible for monitoring Phillip Garrido. California has since increased monitoring of sex offenders.
Attorneys on all sides have said they wanted to avoid trial so Dugard did not have to testify, but that now seems unlikely in Nancy Garrido’s case, Tapson said.
“Nancy never wanted her to have to testify,” Tapson said. “She said that long ago and wanted a reasonable sentence, which the district attorney has rejected now.”
Apr 7 11 6:17 PM
An expected guilty plea by a convicted sex offender accused of kidnapping and raping a girl when she was 11 and holding her captive for 18 years was derailed Thursday when his lawyer alleged a grand jury was improperly selected and acted inappropriately.
Public defender Susan Gellman, who represents defendant Phillip Garrido, made the claim during a brief hearing where Mr. Garrido and his wife and co-defendant Nancy Garrido entered not guilty pleas to kidnapping, rape and other charges contained in an amended indictment.
Victim Jaycee Dugard was snatched off her family's street in June 1991 while walking to a school bus stop. Authorities said she and her two children, who were fathered by Mr. Garrido, were kept in a hidden backyard compound of tents and sheds, never attending school or receiving medical attention. They finally resurfaced in August 2009 when authorities said Phillip Garrido took them to a meeting with his parole officer.
Ms. Gellman did not elaborate on her claim in the courtroom Thursday but said outside that she had questions about the racial and geographic makeup of the grand jury that initially indicted the Garridos last September.
“There are issues about the process itself before the grand jury,” Superior Court Judge Doug Phimister said during the hearing. “The court will now consider whether the grand jury acted appropriately.”
The developments came as a surprise after attorney Stephen Tapson, who represents Nancy Garrido, said earlier this week that Phillip Garrido had made a deal with prosecutors to plead guilty and spend the rest of his life in prison.
Ms. Gellman blasted Mr. Tapson for telling reporters that her client planned to plead guilty.
“He shouldn't have been speaking for Phillip. He should speak for his client,” Ms. Gellman said.
Mr. Tapson said he only found out about Ms. Gellman's plans late Wednesday.
Neither attorney would elaborate on the specific concerns about the grand jury.
El Dorado County District Attorney Vern Pierson said he wasn't concerned about the challenge to the grand jury and expects its actions to be upheld.
“My responsibility is to see that these two are held accountable for the enormity of their actions,” Pierson said. “We are determined to do that.”
The next hearing was set for May 5, and the trial for Aug. 1.
Both defendants were in court for the 10-minute hearing, wearing orange jail uniforms. They didn't speak, and neither showed much emotion.
Ms. Garrido and his wife gave full confessions to authorities and expressed interest in plea bargains that would spare Ms. Dugard and her daughters – now 13 and 16 – from having to testify, Tapson has said.
Mr. Tapson, however, said he advised Nancy Garrido against pleading guilty unless prosecutors offer a deal that holds the possibility – however remote – that she would one day be freed from prison.
Phillip and Nancy Garrido were initially charged with 18 counts of kidnapping, rape, false imprisonment, child pornography and committing lewd acts on a child.
If convicted on all those counts, the maximum sentence for Nancy Garrido would be 181 years, while Phillip Garrido could get 431 years, according to El Dorado County Deputy District Attorney James Clinchard.
The amended indictment added allegations of kidnapping of a person under 14, kidnapping for sexual purposes and other claims.
Ms. Dugard gave birth to her daughters when she was 14 and 17, and Nancy Garrido delivered the children, according to court documents. The girls knew Phillip Garrido was their father but grew up thinking Ms. Dugard was their older sister.
The mother and daughters rarely interacted with the outside world. Phillip Garrido ran a printing business, and Ms. Dugard assisted him in producing business cards, brochures and flyers, occasionally interacting with clients through email.
Apr 9 11 9:29 AM
Stephen Tapson, Nancy Garrido's attorney, says his client and Phillip Garrido have admitted their involvement in the kidnapping of Jaycee Lee Dugard in 1991.
Phillip Garrido and his wife Nancy have both pleaded not guilty to charges stemming from the 1991 kidnapping of a South Lake Tahoe girl.
The couple is accused of kidnapping Jaycee Lee Dugard from her neighborhood, then holding her captive for 18 years in the backyard of their Antioch home.
It had been widely reported Garrido would enter a guilty plea Thursday in the El Dorado courtroom. His wife’s attorney, Stephen Tapson had told media outlets the husband had reached a plea deal, while Nancy Garrido had not. However, Thursday morning the couple pleaded not guilty.
Stephen Tapson, Nancy’s attorney, said there were legal issues that needed to be worked through that prevented them from agreeing to any plea deal. Tapson says there was an issue with the grand jury that came to light only recently. He would not clarify what the issue was, only that both him and Phillip’s attorney, Susan Gellman, both were aware of the issue and were filing motions.
The El Dorado County District Attorney says this is a “technical legal clean-up” of “certain language in the charging documents”.
When Dugard was discovered, she had two young daughters, investigators believe Phillip fathered the children. The couple is facing kidnapping and sexual assault charges.
The case will move forward, and a trial is expected to start in August.
Apr 9 11 9:39 AM
Trial set for Jaycee Dugard kidnap case April 08, 2011
A CALIFORNIA man and his wife have pleaded not guilty to the kidnapping of Jaycee Dugard, who was snatched from the street at the age of 11, held for 18 years and bore two children to her alleged captor.
Phillip Garrido entered the surprise plea today, after an expected plea deal was derailed by a last-minute defence motion challenging the method of grand jury selection.
His wife Nancy entered the same not guilty plea after the judge indicated there were irregularities in the grand jury process that indicted the couple in September.
The developments were a surprise because prosecutors and defence lawyers previously said they hoped to reach a settlement and spare Dugard, now 30, and her two daughters, ages 13 and 16, from having to testify.
Phillip Garrido, 60, a convicted sex offender, has been charged with kidnapping Dugard in 1991, holding her for 18 years and fathering her two children by rape.
The charges against Nancy Garrido, 55, include kidnapping and rape. Her lawyer Stephen Tapson has said he will argue in a trial that Nancy Garrido acquiesced to the scheme under duress from her husband and that she did not participate in the sexual abuse of Dugard, now 30.
Both defendants were in court for the hearing, wearing orange prison uniforms with their hands shackled.
They exchanged greetings with each other when they were led into court, but only spoke after that when they agreed to waive their right to a speedy trial.
Superior Court Judge Douglas Phimister set an August 1 trial date and instructed Phillip Garrido's lawyer Susan Gellman to outline her objections about the grand jury in writing.
Ms Gellman conceded after court that her client had no chance of ever getting out of prison.
But she added that she is determined to "zealously" protect his rights and that she will not "roll over and play dead".
Ms Gellman rejected comments by Mr Tapson, who this week said Phillip Garrido would likely plead guilty.
There had never been a plea offer or agreement with the district attorney regarding Phillip Garrido, she said.
"He shouldn't have been speaking for Phillip. He should speak for his own client," Ms Gellman said.
Mr Tapson had said the plan earlier this week was for Phillip Garrido to plead guilty but that the last-minute hitch over the grand jury selection prompted the decision to plead not guilty.
El Dorado County District Attorney Vern Pierson confirmed there was an issue raised in the manner in which the grand jurors were selected, but said such claims were common and he expected the matter to be dismissed.
Even if the grand jury indictment was dropped altogether, the Garridos still face a host of charges from the original criminal complaints filed by prosecutors in August 2009.
Dugard was snatched off her family's South Lake Tahoe street in June 1991 while walking to a school bus stop.
According to authorities and the defendants, Dugard lived in a warren of tents, sheds and outbuildings behind their home.
One of the structures was soundproofed and is believed to be where Dugard bore two daughters fathered by Phillip Garrido, likely delivered by Nancy, a nursing assistant.
Dugard's daughters grew up believing she was their sister and while her true identity was kept under wraps - she went by "Alyssa" - several people who knew the Garridos interacted with her, oblivious that she was a person who had been missing for more than a decade.
Dugard and her children were discovered in August 2009 when authorities said Phillip Garrido took them to a meeting with his parole officer.
Authorities say the Garridos confessed this year to the kidnapping and captivity scheme.
Dugard has been reunited with her mother and remains in Northern California with her and her daughters. She requested privacy and has not attended any of the court hearings.
Mr Pierson declined to comment when asked how Dugard felt when the not guilty plea were entered today and she was again confronted with the possibility of having to take the witness stand.
She is writing her memoirs, which are scheduled to be published in September.
She received a $US20 million ($19.15 million) settlement under which the state acknowledged repeated mistakes were made by parole agents responsible for monitoring Phillip Garrido because of his 1977 conviction for raping and kidnapping a woman in Nevada. California has since increased oversight of sex offenders.
Apr 9 11 9:52 AM
By Rachel Quigley 8th April 2011
To any passerby, they are just like anyone else, a family of girls out shopping together, just as families do.
But it is much, much more than that. It is a family who are trying to be normal, trying to adjust, trying to heal.
Recent photos of Jaycee Dugard, her two daughters and her mother strolling down the street paint a poignant picture of lives slowly being rebuilt.
Hope: Jaycee Dugard, her children Angel and Starlit and her mother Terry Probyn attempt to get on with their lives and put their horrific past behind them
Simple pleasures: Jaycee rides her pink bike in her neighbourhood, something she was unable to do for 18 years of her life while she was in captivity. Though the recent surprising actions of her alleged kidnapper and his wife may bring their precious sense of reality crashing down.
For convicted sex offender Phillip Garrido, the man who has been charged with the kidnapping and rape of Jaycee, holding her captive and in squalor in his backyard for 18 years has decided to plead not guilty.
In a bizarre turn of events, Garrido's lawyer issued the plea at a court hearing in Pacerville, California, yesterday after it was previously revealed he would plead guilty.
Not guilty: In a surprising turn of events, Garrido and his wife Nancy have plead not guilty, despite issuing full confessions to the crime last year
This means that Jaycee, now 31, may have to face he and his wife Nancy in court and recount the horror of what she allegedly suffered at his hands for 18 years of her life.
Garrido and his wife had given full confessions to authorities and expressed interest in plea bargains that would spare Jaycee and her daughters Angel and Starlit - now 13 and 16 - from having to testify.
But Nancy Garrido's attorney advised her against pleading guilty unless prosecutors offer a deal that holds the possibility - however remote - that she would one day be freed from prison.
As Nancy Garrido seeks the prospect of freedom in the future, that possibility of being free from her 18-year ordeal may never come for Jaycee if she has to testify in court.
The news will come as another blow to the Dugard family, who have remained fiercely private since their reunion in August 2009.
In another picture of Jaycee, the mother-of-two rides a pink bike, pink having always been her favourite colour.
She wears the clothes of any normal young woman but looks almost child-like in her face and her innocence, despite being 30 years old at the time.
It is a pleasure that she was never allowed after that day on June 10, 1991, when she was abducted from her school bus stop right in front of her stepfather's eyes.
For the next 18 years she would not be allowed many pleasures but instead subjected to repeated rapings, resulting in the bearing of her children.
Jaycee's mother said in an interview that she wanted to share her miracle with the world but it had to be on their terms.
'As a mother I am pleading for our privacy in this very public story,' she said.
At the time of the abduction, Jaycee was in fifth grade attending Meyers Elementary School near South Lake Tahoe.
Then she disappeared off the face of the earth.
She has since tried to lead an 'ordinary life' and has obtained a high school diplomacy and wants to go to college.
She already has her driver's license and has obtained birth certificates for her children.
Together they enjoy cooking and horse riding, which is used as part of their therapy and their on-going healing process.
Before and after: Jaycee's face become one of the most well-known in America after she disappeared but now she wants to be free to live her life away from the spotlight, which she will not be able to do if she has to face her captor in court
But with Garrido pleading not guilty she will have to relive the nightmare he allegedly subjected her to for years.
Last year Jaycee broke the news to her daughters about what their father really did, as they were upset that he was in prison.
A team of psychologists have been helping the family rebuild their lives.
Apr 17 11 9:28 AM
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