The kidnapping of Jaycee Lee Dugard #.2

[Royalpurple209]

Nancy Garrido Gets New Attorney

Nov 13, 2009 8:16 am US/Pacific

PLACERVILLE (CBS13) ―A new attorney has been appointed to represent accused kidnapper Nancy Garrido.

Stephen A. Tapson will be her court appointed attorney at least until a November 30th hearing.

Garrido's previous attorney, Gilbert Maines, was removed last week.

Nancy Garrido and her husband Phillip Garrido are accused of holding Jaycee Lee Dugard captive for 18 years.

http://cbs13.com/crime/nancy.garrido...2.1310322.html

[Royalpurple209]

Dugard Case Sparks New Sex Offender Checks

Nov 13, 2009 8:26 am US/Pacific

VACAVILLE (CBS13) ¯After Jaycee Lee Dugard was found alive, some police departments started looking at how they check on sex offenders.

The Vacaville Police Department now has a closer relationship with the state parole and county probation.

They also have access to the parole agent's notes making it easier to keep track of registered sex offenders and what they must do to be in compliance.

During a sweep on Thursday night, officers checked on 40 registered sex offenders and arrested four.

http://cbs13.com/jayceelee/vacaville.sex.offenders.2.1310333.html

[Royalpurple209]

Former Deputy DA: Garrido Case Could Be Moved

Jaycee Lee Dugard Kidnapped In 1991, Found This Year

POSTED: 4:47 pm PST November 16, 2009

PLACERVILLE, Calif. --The trial against Phillip and Nancy Garrido could be moved to Sacramento, Stockton or Modesto, as finding impartial jurors could be difficult in Placerville, according to a former deputy district attorney.

Erik Schlueter served as a deputy district attorney in El Dorado County for 16 years, and was in that role in 1991 when Jaycee Lee Dugard was kidnapped.

"It's kind of quieted down, but occasionally it flares up and people just shake their heads and wonder how this could happen here in El Dorado County," Schlueter said.

Phillip Garrido's attorney, Susan Gellman, said a change of venue is something attorneys will still have to consider.

"Change of venue? … I think that's something that we'll have to look at … the only problem is … where would we go?" Gellman said.

Moving the trial would not a be a huge expense unless it goes to San Francisco or Los Angeles.

Schlueter also said that "there's the possibility of an insanity plea on this [case]."

There are up to six different agencies currently providing funding to the Dugards, including state, federal, the El Dorado County District Attorney's office and the Victim/Witness Emergency Fund.

It doesn't mean Dugard is in line to testify in this case, it means she's entitled to those benefits as a victim of a violent crime.

Schlueter has reviewed this criminal complaint against the Garridos filed in late August. He said he agrees with the 29 counts the district attorney is after, with the exception of some errors.

"They do need to go through the complaint and clean up … there are some errors in the complaint that I've seen. They're not catastrophic errors, just language errors," Schlueter said.

Dugard was 11 when police said Phillip and Nancy Garrido kidnapped her in Meyers, then allegedly held her captive for 18 years in a hidden, backyard compound in Contra Costa County. Garrido is accused of fathering Dugard's two children, who are now 11 and 15.

http://www.kcra.com/news/21633706/detail.html

[Royalpurple209]

Nov 17, 2009 7:37 pm US/Pacific

Dugard Spokeswoman Critical Of Jaycee Movie Plans

SAN FRANCISCO (AP) ―A spokeswoman for Jaycee Dugard says only Dugard and her family should decide when and if a film is made based on the 18 years she spent with the man charged with kidnapping her.

In a statement Tuesday, family spokeswoman Nancy Seltzer termed a plan to make a movie about her life as "exploitive, hurtful and breathtakingly unkind."

The statement came after Shane Ryan, the director of low-budget horror movies such as "Amateur Porn Star Killer" and "Romance Road Killers" announced that he expected to start production next month on "Abducted Girl, An American Sex Slave."

Ryan told Sacramento television station KCRA that he wants to focus on the relationship between Dugard and Phillip Garido, the man charged with abducting, raping and holding her captive in his backyard.

http://cbs13.com/jayceelee/dugard.sp...2.1319111.html

[Royalpurple209]

CDCR: Garrido's Parole Agent Threatened

Report Had Blasted California Department Of Corrections Over Garrido's Supervision

POSTED: 5:52 pm PST November 18, 2009

SACRAMENTO, Calif. -- Threats against Phillip Garrido's parole agent forced him to transfer to a new office in the Sacramento area, a KCRA 3 investigation has uncovered.

"The nature of the threats against him have been severe enough to relocate him," said Gordon Hinkle, a spokesman for the California Department of Corrections and Rehabilitation.

Due to the sensitive nature of these threats, KCRA 3 is not naming the parole agent. However, KCRA 3 has confirmed the agent was transferred to a Sacramento parole office specifically because of security concerns that arose after Garrido's arrest.

Hinkle described it as a "huge security issue."

"It led to his transfer. His wife was threatened. His children were removed from their school," Hinkle said.

The corrections department would not say when the transfer took place. Hinkle also would not elaborate on the exact nature or extent of the threats.

Hinkle added that, to the best of his knowledge, no taxpayer dollars were used to pay for the agent's relocation even though the department "backs up its employees if their lives are threatened."

Garrido and his wife, Nancy Garrido, are accused of the kidnapping and rape of Dugard, who was abducted in Meyers in 1991. Authorities allege that Dugard was held in the Garridos' Antioch back yard for years. They also allege that Phillip Garrido fathered two children with Dugard. The Garridos, who are being held in El Dorado County, have both pleaded not guilty.

A scathing report earlier this month from the California Office of the Inspector General said the corrections department failed to "adequately classify and supervise" Phillip Garrido, a convicted rapist, for several years.

Garrido was on federal and then state parole during the time he allegedly took Dugard from a bus stop and then held her for nearly two decades at his Bay Area home.

"We agree that serious errors were made over the last 10 years," CDCR Secretary Matthew Cate told reporters the day the report was released. "We obviously deeply regret any error that could have possibly resulted in the victims living under these conditions for even one additional day."

Inspector General David Shaw said corrections officials missed several clues in the Garrido case.

The parole agent in charge of supervising Garrido knew there was a 12-year-old girl inside his home but didn't notice electrical wires that led into a compound where Garrido's alleged kidnapping victim was being held, according to the inspector general's report.

In addition, previous agents who performed searches of the home didn't mention the wires either, even though they were visible from several places in the back yard. "None of the parole agents documented in their notes that they ever noticed, investigated, or inquired about the wires," the report said.

Although Contra Costa County Sheriff Warren Rupf said he believes CDCR has made some improvements, he again blasted the federal parole system, which supervised Garrido from 1988 to 1999 -- during which Dugard was abducted.

"It's hard to assess people that stand back in the shadows. None of us even know what these folks look like," Rupf said, regarding the federal parole system.

Garrido lived in his mother's Contra Costa County home from 1988 until his arrest in August. But the sheriff's department didn't find out he lived there until 1999, when he registered as a sex offender. During the previous 11 years, federal parole officials never notified the sheriff's department about Garrido's background.

Rupf claimed responsibility for his department's mistakes within 24 hours of Dugard's discovery. The CDCR owned up to its mistakes much later, only after the inspector general's scathing report.

Rupf said his department has made changes: Any activity within 1,000 yards of a registered sex offender home draws a red flag within the department's computer system, alerting patrol officers.

There is also more collaboration between the sheriff's department and parole agents, Rupf said: For the first time, state agents joined a multi-agency sex offender sweep.

http://www.kcra.com/news/21658357/detail.html

[Royalpurple209]

Nancy Garrido's ex-lawyer asks to be reinstated

(11-25) 16:36 PST SACRAMENTO -- The former lawyer for Jaycee Dugard kidnap-rape defendant Nancy Garrido has denied seeking to exploit her case through a book or movie deal, and both he and Garrido want him reinstated as her attorney.

A state appeals court in Sacramento spurned Gilbert Maines' plea, however, and told him Wednesday he could instead seek reinstatement from a judge in El Dorado County. It would not necessarily be Superior Court Judge Douglas Phimister, who ordered Maines off the case Nov. 5. Phimister has stayed his order until Monday and has appointed an interim attorney to represent Garrido.

Garrido, 54, and her husband, Phillip Craig Garrido, 58, are charged with kidnapping Dugard from a South Lake Tahoe street in 1991 and holding her for 18 years in the backyard of their home outside Antioch. Both have pleaded not guilty.

Maines, of Placerville, has practiced law since 1971, except for a three-month suspension in late 1999 for failing to pay his State Bar dues, bar records show. Phimister appointed him to represent Nancy Garrido in August.

The judge removed him from the case after hearing closed-door testimony that has not been made public. But its substance was apparent from the papers Maines filed with the Third District Court of Appeal.

They included sworn declarations from a bartender, Eduardo Bartolome, and another man, Sam Cooper, who said they were at the Cold Springs Golf and Country Club near Placerville when Maines had lunch there Oct. 30.

Both men said they understood there had been testimony that Maines discussed the Garrido case in detail, appeared to be trying the case in the bar and talked about making money from a book or movie after the trial. No such conversation took place, the two men said.

Maines had two cocktails after lunch but never acted drunk, loud or obnoxious, the bartender said. Both men said Maines, a member of the club, regularly told other members he can't talk about the case, and responded to criticism of his representation of Garrido by saying everyone is entitled to a defense.

In his own filing, Maines said he has never sought the rights to Garrido's story, and has never discussed with Garrido or anyone also "the possibility of a book or other exploitation of (Garrido's) life story."

He said two people have contacted his office about a book, but that he had not responded to them.

Maines said Phimister summoned him and Garrido to a private meeting Nov. 5 and showed them the transcript of testimony the judge had received about an alleged conflict of interest at another closed-door session two days earlier. He said he had been given no chance to question the witnesses.

Maines said there was "not one shred of reliable evidence that there is either an actual or potential conflict of interest" between him and Garrido. He said his removal would "seriously impair her defense."

Garrido, in a statement dated Nov. 18, said she "did not really understand what was going on" at the Nov. 5 meeting. She said Phimister had told her he was removing Maines and appointing another lawyer and asked her if that was what she wanted, and she replied that she didn't know.

"I have a relationship with Mr. Maines and I know and I trust him," Garrido said. After talking with her interim attorney, Steve Tapson, she said she was satisfied that Maines had no conflict of interest. Even if he does have a conflict, Garrido said, she still wants Maines as her lawyer.

http://www.sfgate.com/cgi-bin/articl...ed=rss.bayarea

[Royalpurple209]

Jaycee Dugard, Family Celebrate Thanksgiving Despite Turkey Trouble Jason Kobely SACRAMENTO, CA - Jaycee Dugard and her daughters remain in seclusion, but after 18 years in captivity, Jaycee celebrated her first Thanksgiving back home with family Thursday. But unfortunately, not everything went as planned. On her Facebook page, Dugard's 19-year-old stepsister Shayna said the family underestimated the time it would take to cook the Thanksgiving turkey and had to resort to ending dessert before the main course. "Apparently 22-pound turkeys take a really long time to cook, Shayna posted. "Dinner pushed to 3 instead of noon so we are all sitting around laughing & eating the pies first. YUMM!" In an email exchange with News10's Cristina Mendonsa, Shayna refuted a National Enquirer report that Jaycee was suffering from depression, including the claim that she was having thoughts of suicide. "Disgusted by the news articles lately," Shayna posted. "We are just trying to lay low and enjoy being a family. Looking 4ward 2 the most thankful thanksgiving of all! MMMM." Dugard was 11 years old when police said Phillip and Nancy Garrido kidnapped her in 1991 and allegedly held her captive. Police said Phillip Garrido fathered Jaycee's daughters Angel, 15, and Starlit, 11. The Garridos have pleaded not guilty. http://www.news10.net/news/story.aspx?storyid=70957&catid=2

[Royalpurple209]

Garrido Attorney Wins Temporary Stay
Order To Oust Attorney Delayed

November 28, 2009

SACRAMENTO, Calif. --An attorney for kidnapping suspect Nancy Garrido said he has won a stay delaying a lower court's order ousting him from the case.

Placerville defense attorney Gilbert Maines said on his Web site Friday that he had won a stay from the 3rd District Court of Appeal after seeking a delay in the case.

Maines disputes the alleged conflict of interest that led El Dorado County Superior Court Judge Douglas Phimister to take him off the case earlier this month, saying in a filing that he never considered trying to sell Garrido's story.

Garrido, 54, and her husband, Phillip, 58, are charged with kidnapping, raping and holding Jaycee Dugard captive for 18 years.

http://www.kcra.com/news/21747263/detail.html

[Royalpurple209]

Dec 11, 2009 6:55 am US/Pacific

Did Phillip Garrido Ply Wife With Meth?

(CBS)The couple accused of kidnapping and raping Jaycee Dugard will be back in court later today.

And one topic that may come up is Nancy Garrido's apparent past drug use.

Numerous sources tell CBS News her was heavily into methamphetamines, supplied by her husband, Phillip Garrido, reports "Early Show" National Corresondent Hattie Kauffman.

"If her lawyers could establish that, not only did he have this sort of Svengali-like control over her, but he also increased that mind control over her with this heavy supply of drugs, this heavy supply of drug use, then maybe that cuts in her favor," says CBS News legal analyst Trent Copeland.

The Garridos were arrested in August and charged in the Dugard case. They allegedly snatched the girl off the street and held her captive for 18 years in a compound in their Northern California backyard, where Jaycee raised her two daughters, whom police say Phillip fathered.

Now, sources tell CBS News that, though the compound looked primitive, the tents there held a classroom with geography maps and electricity that powered a computer.

After their release, Jaycee's aunt, Tina Dugard, marveled to reporters about how well-educated the girls were, saying, "Jaycee is a remarkable young woman who raised two beautiful daughters. They are clever, articulate, curious girls."

CBS News has also learned the Garridos hid Jaycee and the girls in plain sight, taking them out in public, to the beach, the library, and the movies. They even went trick-or-treating, with phillip garrido in a gorilla costume.

Nancy Garridl 's reported to be very frail behind bars. She's had visits from family, Kauffman says, but Phillip hasn't had any visitors.

Meanwhile, Jaycee is about to celebrate the first Christmas with her family in 18 years.

http://cbs13.com/jayceelee/garrido.w...2.1340492.html

[Bailey]

By Sam Stanton
sstanton@sacbee.com
Published: Thursday, Jan. 7, 2010 - 6:07 pm

An appellate court has upheld the removal of Gilbert Maines as the attorney for accused kidnapper Nancy Garrido, citing new evidence that was presented against Maines in a closed Dec. 29 hearing.

The order from the 3rd District Court of Appeal in Sacramento, issued this afternoon, effectively adopts the effort by El Dorado County Superior Court Judge Douglas Phimister to remove Maines from the case because of an alleged conflict of interest.

Maines said the order came as a "complete surprise" and that he may appeal, but that he first would contact Garrido's interim attorney to ask if she wants him to pursue that course of action.

He had previously been accused of talking over drinks at his Placerville country club about the possibility of writing a book on the case; he has denied the allegations. The newer accusations were presented in court in closed session, and included claims from a Placerville police officer and other law enforcement officials who said they heard him discussing the case improperly in September. Maines disputed that allegation today.

"They generally said I was talking out of school, I was talking about the case," Maines said. "First of all, there's not a gag order, and even assuming I did talk -- and I don't admit I did -- if there's something wrong with that it's up to my client to say."

Nancy Garrido, who is accused with her husband in the 1991 kidnapping of Jaycee Lee Dugard, has previously said she wanted Maines to stay on the case.

http://www.sacbee.com/topstories/story/2446300.html

[Bailey]

By Sam Stanton
stanton@sacbee.com

Published: Thursday, Jan. 21, 2010 - 2:57 pm
Last Modified: Thursday, Jan. 21, 2010 - 4:06 pm

Fed up with delays in the kidnap case against Phillip and Nancy Garrido, a judge in Placerville today booted defense attorney Gilbert Maines as Nancy Garrido's lawyer and ordered the case to move forward.


Nancy Garrido, 54, has pleaded not guilty to rape, kidnapping and other charges in the case.

Maines said he would continue his fight to represent her, adding that Garrido wants him as her attorney.

But the judge instead appointed Stephen Tapson as the attorney to handle the case.

"This case has been sidetracked by the issues of counsel, and that could adversely affect the rights of the defendants," said El Dorado Superior Court Judge Douglas Phimister.

Tapson later asked Phimister to allow Nancy Garrido to be released on bail, noting that she has no previous criminal record.

Phimister agreed, setting her bail at $20 million, saying, "I consider her to be a danger to the community and also a flight risk."

The Garridos are charged with kidnap, sexual assault and related charges in the 1991 kidnapping of Jaycee Lee Dugard when she was 11 years old.

Dugard was discovered living with the Garridos in Antioch in August, along with two young girls she allegedly was forced to have with Phillip Garrido.

Tapson said after court that Nancy Garrido wanted to send a message through the media to Jaycee and her two daughters that she "misses them and loves them."

Tapson said Nancy Garrido was extremely emotional about not being able to see them.

"I've got an old briefcase with tears on it," Tapson said.

Phimister set the next hearing in the case for March 25.

But Maines said outside court that he will continue fighting to be reinstated.

Maines filed a new appeal Tuesday in Superior Court in Placerville and said if that is denied he will return for the third time since November to the 3rd District Court of Appeal in Sacramento.

Phillip Garrido is not eligible for bail because of a hold placed on him by corrections officials in Nevada, where he was previously convicted of rape and kidnap.

http://www.sacbee.com/latest/story/2480112.html

[Bailey]

Some rape charges against Phillip and Nancy Garrido coincide with conception dates
Bay Area News Group
Posted: 01/27/2010 06:22:56 PM PST
Updated: 01/28/2010 10:15:00 AM PST

Jaycee Dugard's two girls now have birth certificates, with both listing Dugard and Phillip Garrido as their parents, and their birthplace as the home outside Antioch where authorities say Garrido and his wife, Nancy, confined Jaycee to a secret backyard lair after snatching her in 1991.

The certificates list birth dates for the girls in August 1994 and November 1997, making them 15 and 12. Dugard gave birth to the first at age 14. At the time, Phillip Garrido was 43 and on parole after his 1988 release from federal prison for the kidnapping of a woman he also raped in a Reno storage shed.

Bay Area News Group is not naming the girls, who authorities say lived in a backyard warren of tents, sheds and outbuildings, never going to school or seeing a doctor. Contra Costa County issued the birth certificates last month under a special state process for people who never receive them.

Authorities say the Garridos snatched Jaycee from a bus stop on her South Lake Tahoe street and spirited her back to the house on Walnut Avenue.

In August, Dugard finally revealed her identity, ending an 18-year mystery.

The Garridos have remained for five months in a Placerville jail, charged with 29 felony counts in Dugard's abduction and a series of rapes during her youth.

Phillip Garrido, 58, is being held without bail. Nancy Garrido's bail is set at $20 million. Their next court date is Feb. 26.

http://www.contracostatimes.com/top-...nclick_check=1

[Royalpurple209]

EXCLUSIVE: Records Detail Phillip Garrido's Federal Parole

Man Accused Of Kidnapping Jaycee Lee Dugard

February 2, 2010

SACRAMENTO, Calif. --Federal parole supervision records show officers recommended continuing Phillip Garrido's parole four times between 1990 and 1998, after he allegedly kidnapped and held Jaycee Lee Dugard captive in his Antioch home.

KCRA 3 obtained newly released U.S. Parole Commission documents Tuesday.

The newly disclosed records include supervision reports for Garrido. The reports show four times during Dugard's captivity, Garrido was marked having "continuous time difficulty free in (the) community."

Most employee names are blacked-out in the records. However, one former parole agent is named in a letter.

KCRA 3 contacted the former agent, Houston Antwine, by phone at his home in Tennessee on Tuesday.

Antwine could not recall if Garrido was assigned specifically to his caseload, but records show he was connected to the case.

"That is absolutely amazing, really amazing. It kind of scares me to know I had anything to do with this guy," Antwine said. "I don't think he was a regular case of mine. I kind of looked at my cases a little closer than that. I would have noticed all this junk in the back yard, got nosy with it, too."

Antwine said parole officers explained conditions of parole supervision to parolees and made monthly visits to their homes.

PDF: U.S. Parole Division: Phillip Garrido Parole Report

Antwine cannot recall if he ever visited the Garridos' home, but said he did go to the Antioch area regularly for his job.

"It's a crying shame that I couldn't have or somebody couldn't have identified this guy long before all this took place," Antwine said.

When asked if he had anything to say to Dugard, Antwine said, "I would tell [Jaycee] that I'm sorry that we did not discover this sooner. That she has my prayers."

The records also detail Garrido's early parole from federal prison.

Garrido was convicted and sentenced in the federal kidnapping case of Katie Calloway in 1977, in Reno, Nev. Documents show his sentence would have expired in April 2027.

However, according to the federal records, Garrido was granted early parole on Jan. 20, 1988. He served 134 months of a 50-year sentence.

The records also show Garrido was required to spend up to 120 days at the Community Treatment Center as a condition of parole. The records do not state whether he completed that requirement.

Documents show he reported to a halfway house in Oakland in August 1988.

Garrido's federal parole was terminated early, March 9, 1999. Dugard was 19 at that time and had borne two daughters by Garrido.

Once released from federal parole, Nevada took over his state parole and he was transferred to California's parole system in a parolee transfer program.

Garrido has pleaded not guilty to the current charges against him.

http://www.kcra.com/news/22416653/detail.html

[Royalpurple209]

Garrido Lawyers Want To Talk To Jaycee

Defense Attorney Says Garridos Want To Visit Each Other

February 4, 2010

SACRAMENTO, Calif. --A defense lawyer said Phillip and Nancy Garrido are seeking permission to visit each other in the Placerville jail where they have been held separately since being arrested in the kidnapping of Jaycee Dugard more than 18 years ago.

Stephen Tapson, the court-appointed attorney representing Nancy Garrido, told The Associated Press on Thursday that he and Phillip Garrido's public defender, Susan Gellman, have made the visitation requests in motions filed in El Dorado Superior Court.

The Garridos are accused of the kidnapping and rape of Dugard, who was abducted in Meyers in 1991. Authorities allege that Dugard was held in the Garridos' Antioch back yard for years and that Phillip Garrido fathered two children with Dugard. The Garridos have both pleaded not guilty.

Tapson said he and Gellman also are seeking to compel prosecutors to tell them where Dugard is living. They also want to know if she has a lawyer of her own so they can speak with her while preparing defenses for the Garridos.

The El Dorado District Attorney's office and a spokeswoman for Dugard's family declined to comment on the motions.

http://www.kcra.com/news/22469715/detail.html

[Bailey]

Garridos, Dugard 'acted as a family,' new court documents claim

By Sam Stanton
sstanton@sacbee.com

Published: Friday, Feb. 5, 2010 - 1:36 pm

Jaycee Lee Dugard and the couple accused of kidnapping her as a child eventually became a family, taking vacations together, spending time at the library, raising pets and running a family business, court documents filed late Thursday claim.

The documents, made available this morning, were filed by Phillip Garrido's defense attorneys and claim that sexual activity involving Dugard ended after she gave birth to her second child by Garrido.

The Garridos are accused of kidnapping Dugard when she was 11 and holding her for 18 years in their Antioch-area home, where she was allegedly sexually assaulted and eventually bore two daughters to him.

Phillip Garrido and his wife, Nancy, have pleaded not guilty and face trial in El Dorado Superior Court.

As part of their defense strategy, Phillip Garrido's public defender filed a motion seeking permission for the couple to visit each other in the El Dorado County jail, where they have been held in separate cells since August.

"He and his wife are co-defendants who need to prepare their case," the motion from attorney Susan Gellman states, adding that the two have family decisions to make, as well.

"While it is true that legal strategy decisions can be made by the attorneys acting on their behalf, family decisions cannot so be made," she wrote. "While the underlying accusations are serious, troubling and sad, there can be no doubt that Mr. and Mrs. Garrido acted as parents to two children and raised them for many years and that the decisions they make regarding their course of action in this case will affect these children for many years to come."

The motion does not name Dugard, but refers to a "Jane Doe" that obviously is the woman, who was discovered in August, at the age of 29, living safely with the Garridos.

Gellman cites discovery material from the prosecution that Dugard and others have said "they acted as a family in recent years."

"They took vacations together; they went to the library together; they ran a family business together," her motion states. "The children were home schooled. They kept pets and had a garden. They took care of an ailing family member together (an apparent reference to Phillip Garrido's mother). They had special names for each other.

"All of this ended on the day that Phillip and Nancy Garrido was (sic) arrested. Jane Doe's identity was revealed. She told her children that she, not Nancy Garrido, was their mother. She told them she had been kidnapped and raped by their father."

Stephen Tapson, Nancy Garrido's court-appointed attorney, said Thursday that he would join in the motion and that the defense also would ask that Dugard's whereabouts be revealed and whether she has a new attorney.

Prosecutors have said that Dugard is expected to testify at trial because the Garridos have the right to face their accuser.

But legal experts say the defense has no right to gain access to Dugard before trial to depose or question her.

"Nobody has to talk to anybody ever," said defense attorney William Portanova, a former prosecutor. "Nobody has to talk to either side in a criminal case. If somebody refuses to talk to the defense investigator that can be used against them at trial to attempt to demonstrate bias to the other side. With a victim the bias is a given."

The motion will be heard in court Feb. 26.

http://www.sacbee.com/topstories/story/2516380.html