Sacto 9-1-1

RP GARRIDO PHILLIP.JPGRP GARRIDO NANCY UPSET.JPG


By Sam Stanton
sstanton@sacbee.com

In a surprise move today, Phillip Garrido entered a not guilty plea to charges that he kidnapped Jaycee Lee Dugard.

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.

Stephen Tapson, Nancy Garrido's attorney, said the plan earlier this week was for Phillip Garrido to plead guilty but that a last minute hitch over the manner in which the grand jury selection was handled prompted the decision to plead not guilty.

Photo Gallery: The Jaycee Lee Dugard Saga: Justice to the Garridos

Tapson would not elaborate on the problem, but said the matter arose when Phillip Garrido's attorney Susan Gellman brought the issue to his attention Wednesday night.

El Dorado County District Attorney Vern Pierson confirmed that there was a issue raised in the manner in which the grand jurors were selected, but said such claims are common and he expected the matter to be dismissed.

Even if the grand jury indictment were dropped altogether, the Garridos still face a host of charges from the original criminal complaints filed by prosecutors in August 2009.

Tapson said he had fully expected Phillip Garrido to move forward with his guilty plea, which he said would allow him to press his case that "the evil one" in the Dugard kidnapping had been dealt with.

Tapson's strategy has been to claim that Nancy Garrido was under her husband's control and that she deserves a chance to someday to be released from prison, even if she is an elderly woman at that time.

Susan Gellman, Phillip Garrido's attorney, conceded after court that her client has 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."

The judge set the next hearing in the case for May 5, and he ordered the trial for both defendants to begin Aug. 1. However, the chances of the case ever going to trial still appear to be remote.

Here are the key events that led to today's hearing:

• June 10, 1991: Jaycee Lee Dugard, 4 feet 6 inches tall and weighing 80 pounds, walked out of her home in Meyers, near South Lake Tahoe, at 8:10 a.m. and headed toward a school bus stop. Dugard, an 11-year-old fifth grader at the time, was wearing pink stretch pants, a white blouse, a pink sweater and tennis shoes. Her stepfather, Carl Probyn, was working in the garage and saw a car drive by her, then slowly make a U-turn. As he watched in horror, a woman grabbed the girl and dragged her into the car and it sped away.

Dugard was taken to the Garrido home on Walnut Avenue near Antioch, where Phillip Garrido sexually assaulted the girl and videotaped the attack, court records state.

Prosecutors say Dugard was kept captive in backyard tents and buildings for four years, and became pregnant by Garrido's assaults when she was 13 and again when she was 16. Dugard, given the false name "Alyssa" by her kidnappers, gave birth to two daughters when she was 14 and 16.

Despite repeated visits by parole agents and law enforcement officials, Dugard was not discovered for 18 years.

• Aug. 24, 2009: Garrido showed up on the campus of UC-Berkeley with two young girls to obtain a permit for an event he wanted to hold there. A campus official became suspicious of his behavior and asked him to return the next day.

• Aug. 25, 2009: Garrido returns to the campus with the two girls and meets with a UC Berkeley police officer, who becomes concerned about his behavior and the appearance of the girls. The officer determined Garrido was a registered sex offender and called his parole agent, leaving a voice mail expressing her concerns. Later that day the agent went to Garrido's home, handcuffed him and searched the house, finding only Nancy and his mother. Garrido was taken in for questioning and told his agent the girls were daughters of a relative who had since picked them up. Garrido was driven home and told to come back the next day.

• Aug. 26, 2009: Garrido shows up at his parole agent's office accompanied by Nancy Garrido and three young women. The agent takes all four females into a separate office and asks for their identities. Dugard tells him her name is "Alyssa" and she is 29, and introduces the younger girls as "Angel" and "Starlet."

"Alyssa" asks for a lawyer as questioning continues, then claims she is from Minnesota and is hiding from an abusive husband. The parole agent calls Concord police, who question Garrido until he admits kidnapping "Alyssa." She later confirms her real identity to officers.

The FBI calls Dugard's mother, Terry Probyn, at work in Southern California and gives her the news. Probyn thinks it's a cruel joke at first, then agents put Dugard on the phone with her.

• Aug. 28, 2009: The Garridos make their first appearance in El Dorado Superior Court to face charges in the kidnap case.

Call The Bee's Sam Stanton, (916) 321-1091.

PHOTO CREDIT LEFT: Nancy Garrido rests her head on the shoulder of her attorney, Stephen Tapson. RIGHT: Phillip Garrido sits in court with his attorney, Susan Gellman. Photos by Randy Pench, Sacramento Bee.

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Sacto 9-1-1 is a blog on crime and emergency services news in the Sacramento region.

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Sacto 9-1-1 Q&A

Q: What happened with the case regarding Marc McCormick? He was accused of videotaping a woman in her home and was arrested. He lives in my neighborhood and I see him all the time. Were charges dropped?


A: According to Sacramento Superior Court online records, misdemeanor charges have been filed against Mark William McCormick, alleging that he used a camcorder or other instrument to view an individual in a place where there was an expectation of privacy, trespassing and peeping.

His next court date is June 4.

According to Sacramento police logs, McCormick, 40, was arrested March 8 after the victim reported that a friend had entered her home without her knowledge to secretly videotape her.


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