Jaycee Dugard kidnapped 18 years ago So Lake Tahoe, CA FOUND ALIVE / 2 arrested

[Northern Rose]

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[Northern Rose]

Court: Nancy Garrido's lawyer wrongly bounced

(12-15) 18:32 PST SACRAMENTO -- A state appeals court on Tuesday rejected a judge's decision to remove the lawyer Nancy Garrido wants to defend her against charges of helping her husband kidnap and rape Jaycee Dugard.

The El Dorado County judge wrongly concluded that attorney Gilbert Maines had revealed confidential information from Garrido at a court hearing and in a loud conversation at a restaurant, said the Third District Court of Appeal in Sacramento.

The court stopped short of ordering Maines reinstated, saying Superior Court Judge Douglas Phimister has offered additional, undisclosed evidence that the attorney might have a conflict of interest with his client.
The court returned the case to Phimister and gave him until Dec. 24 to decide whether to renew the disqualification proceedings based on the additional evidence.

Garrido, 54, and her husband, Phillip Craig Garrido, 58, are charged with kidnapping the 11-year-old Dugard from a South Lake Tahoe street in 1991, raping her and holding her for 18 years in the backyard of their home outside Antioch. Both have pleaded not guilty.

Phimister appointed Maines, a veteran defense lawyer, to represent Nancy Garrido in August. He removed Maines on Nov. 5 after hearing close-door testimony that apparently concerned the attorney's comments at a country club near Placerville.

The testimony has not been made public. But Maines, shown a transcript by the judge, countered with sworn declarations by a bartender and another witness. Both men said they understood there had been false testimony accusing Maines of discussing the case in detail and talking about making money from a book or movie after the trial.

Maines also submitted a statement from Nancy Garrido saying she trusts him, knows of no conflict of interest and would want him to represent her even if he had a conflict.

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/12/15/BA6H1B4SIN.DTL&tsp=1

[Northern Rose]

Lawyer wins appeal to represent Nancy Garrido

Attorney Gilbert Maines is back on the case.

Maines won a battle Tuesday in the on-again, off-again saga of his efforts to represent Nancy Garrido in the Jaycee Lee Dugard kidnapping case.

On Tuesday, a state appellate court in Sacramento sided with Maines and essentially told the trial judge to return him to his job after more than five weeks of legal limbo.

"It's an early Christmas present," Maines said from his Placerville office, after learning of the order from the 3rd District Court of Appeal.

El Dorado Superior Court Judge Douglas Phimister fired Maines from the case on Nov. 5 after receiving secret testimony from someone who claimed Maines had boasted about writing a book on the case over drinks at his Placerville country club.

Maines denied the claims and appealed his removal, and on Tuesday the appellate court said Phimister had "erroneously ordered Attorney Maines relieved … ."

"In reaching this preliminary conclusion, we mean no criticism of the trial judge in this case, who has labored to address serious allegations leveled against Attorney Maines," says the appellate court order signed by Presiding Justice Arthur G. Scotland. "However, on the record before that court on November 5, 2009, it appears that respondent court erred in ordering Maines relieved as counsel."

The appellate court instructed Phimister to notify it by Dec. 24 if he agrees to return Maines to the case. Otherwise, the court said it wanted new arguments submitted by Jan. 5.

Complicating matters is the fact that Phimister said Friday that he had received new information from the El Dorado County district attorney in the matter. He ordered that information on Maines sealed and delivered to the appellate court.

But the appellate court said it had not considered that material or anything else that had come up after Phimister decided to remove Maines on Nov. 5.

Until Phimister signals how he will proceed, Nancy Garrido is still represented on an interim basis by another Placerville attorney the judge has appointed – Stephen Tapson – who said he hopes that Maines prevails.

"Good for him," Tapson said. "I'm rooting for him."

Maines said he believes the matter is the result of misunderstandings and small-town gossip that got out of hand.

"I had high hopes of prevailing in this matter," he said. "I have a lot of respect for Judge Phimister. I don't know what drove this. I believe that he overreacted to chatter."

Nancy Garrido and her husband, Phillip, are accused in the 1991 abduction of Jaycee Lee Dugard, who was kidnapped at age 11 while heading out to school from her South Lake Tahoe-area home. Authorities say she spent 18 years as a captive in the backyard of the Garridos' Antioch-area home before being found alive in August.

Both Garridos have pleaded not guilty and are due back in court Jan. 21, when Maines hopes once again to appear on Nancy Garrido's behalf.

Until then, he has some reading to do. The first round of discovery papers in the case consists of 1,100 pages. The next is expected to total about 25,000.

http://www.sacbee.com/eldorado/story/2398922.html

[cookie]

documentary of Jaycee's captivity etc..on TLC right now...interesting...

[Northern Rose]

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[Northern Rose]

Judge names new lawyer for Nancy Garrido, sets bail at $20 million

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.

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

[Northern Rose]

BLOCKED WEBSITE

[Mere]

Link below shows attorney rating for this attorney...
 
38 years since Stephen Alfred Tapson was first licensed to practice law in CA.
See license details Hide license details

State License status Year acquired Last updated by Avvo
California Active 1972 06/16/2008


--------------------------------------------------------------------------------

We have not found any instances of professional misconduct for this lawyer.
 
Education School Major Degree Graduated
UC Hastings COL  law 
Univ of California Berkeley  undergraduate
 

See more information at this link....
http://www.avvo.com/attorneys/95667-ca-stephen-tapson-124630.html

[Nut44x4]

"She asked me to tell Jaycee and the kids she really misses them and loves them," said her new attorney, Stephen Tapson. "She would obviously love to see them."

Dream on you perverted freak!!!!!!! 

[Mere]

"She asked me to tell Jaycee and the kids she really misses them and loves them," said her new attorney, Stephen Tapson. "She would obviously love to see them."

Dream on you perverted freak!!!!!!! 

Nut44....that is why I went looking for that attorney's background.  Can you imagine how he is trying to position her already....poor, pathetic criminal abuser of children
would "love to see them".....

[Northern Rose]

BLOCKED WEBSITE

[Northern Rose]

Dugard daughters' birth certificates released: Phillip Garrido is father (video)


http://www.news10.net/news/local/story.aspx?storyid=74098&catid=2

[Northern Rose]

Defense: Garridos and Dugard were a family

The man accused of kidnapping and raping Jaycee Dugard was the patriarch of a family that vacationed together, ran a business and had special names for each other, according to court documents submitted by the defense and released today.

Phillip Craig Garrido, in a motion filed by his attorney, said the bond he had with Dugard and the two children prosecutors say he fathered by her is a reason he should be allowed to visit his wife in jail - to help make legal and family-related decisions.

Both Garrido, 58, and his wife, Nancy Garrido, 54, have been charged with 29 criminal counts, accusing them of kidnapping Dugard from a South Lake Tahoe street in 1991 when she was 11 and holding her for 18 years in the backyard of a home outside Antioch.

She emerged from captivity Aug. 26 after authorities discovered that Phillip Garrido was a registered sex offender when he tried to get a permit to distribute religious leaflets at UC Berkeley.

The Garridos, along with Dugard and her two children, "held themselves out to be a family," Phillip Garrido's attorney, Deputy Public Defender Susan Gellman, wrote in the filing in El Dorado County Superior Court.

"They took vacations together; they went to the library together; they ran a family business together," the motion said. "The children were home schooled. They kept pets and had a garden.

"They took care of an ailing family member together," Gellman wrote, apparently referring to Phillip Garrido's mother. "They had special names for each other."

Gellman added, "All of this ended on the day that Phillip and Nancy Garrido (were) arrested." The defendants are being held in separate cells at El Dorado County Jail.

The motion continued, "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 those children for many years to come."

Stephen Tapson, Nancy Garrido's attorney, said today that he is joining in the motion.

"If they were out on bail, they'd be able to talk to each other as much as they want," Tapson said. "Why can't they talk to each other in jail?

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/02/05/BA4J1BTAA2.DTL

[Northern Rose]

Garrido Attorney Seeks Dugard's Address
Couple Seeks Jail Visit

PLACERVILLE, Calif. -- A lawyer for kidnapping suspect Phillip Garrido is asking for the address of Jaycee Lee Dugard, whom Garrido allegedly kidnapped, and other key evidence.

Defense attorneys are also asking a court to grant Garrido visitation with his wife Nancy Garrido, who is also being held in the El Dorado county jail on suspicion of playing a role in Dugard's years-long abduction.

The Garridos are accused of kidnapping and raping Dugard, whose 1991 abduction in Meyers and eventual discovery last year in the Bay Area have generated international media attention. Phillip Garrido is also accused of fathering two girls with Dugard.

A motion filed Friday by Phillip Garrido's public defender, Susan Gellman, also calls upon the El Dorado County district attorney to provide photos of Dugard's daughters and videos of interviews with the girls.

The attorneys want the court to compel the district attorney to tell them where Dugard is living so they can talk with her to prepare for their client's defense.

However, under a 2008 Victims' Rights Law known as Marcy's Law, victims of crime can refuse an interview, or discovery request by the defendant, defense attorney or other persons acting on a defendant's behalf.

http://www.kcra.com/mostpopular/22479283/detail.html

[Northern Rose]

Court Documents Reveal More On Life In Garrido House For Jaycee Lee Dugard

ANTIOCH - New court documents claim that the couple, Phillip and Nancy Garrido accused of kidnapping Jaycee Lee Dugard eventually became more like a family.

Documents say they would take vacations together, spent time at the library, raised pets, kept a garden, and even ran a family business together.

The Garridos are accused of kidnapping Dugard when she was 11 years old and keeping her at their Antioch home for 18 years.

She was allegedly sexually assaulted and eventually bore two daughters from Garrido.

The documents also say, that after Dugard bore her second child from Garrido, the sexual assaults stopped.

The documents refer to Dugard as "Jane Doe".

The Garridos plead not guilty to kidnapping charges.

They are currently staying in the El Dorado County jail.

Phillip Garrido's public defender filed a motion asking for permission for the couple to visit each other in jail where they have been held in separate cells since August.

http://www.fox40.com/news/headlines/ktxlgarridos,0,3324074.story

[Northern Rose]

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[Northern Rose]

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[Northern Rose]

Jaycee Lee Dugard wants nothing to do with Garrido, DA says

Phillip Garrido contrived an elaborate plan to keep in contact with Jaycee Lee Dugard through attorneys if he ever was arrested, but she told the El Dorado County district attorney Monday that she's "not following the plan" and wants no contact with her alleged kidnapper and rapist.

The startling claims are outlined in a court filing by the district attorney made today to oppose a motion by Garrido's lawyer that she be given the whereabouts of Dugard, who is in seclusion.

The documents filed today also contain journal entries from Dugard that appear to reflect her despair at her continued captivity, as well as more light-hearted reflections from Dugard as a young teen.

Defense attorney Susan Gellman has asked that Garrido and his wife, Nancy, be allowed to meet in the jail while they prepare for trial. That motion is scheduled to be heard in court Feb. 26. She also has asked for the identity of any attorney representing Dugard and that she be able to contact the 29-year-old woman, who was abducted in 1991 at the age of 11.

District Attorney Vern Pierson said in documents filed today that he opposes such a plan, and that Dugard also does.

And despite the defense's contention that the Garridos and Dugard and her daughters lived life like a family, taking vacations together and gardening, the district attorney painted a chilling version of life for the young kidnap victim, saying she was kept in a backyard for four years, and for 18 months of that time she never left one of the buildings there.

The documents filed today include some of Dugard's journal entries.

On July 16, 1993, two years after her abduction, she wrote that Garrido and his wife, Nancy, had gotten her a cat for her birthday.

"(T)hey did something for me that no one else would do for me, thay paid 200 dollars just so I could have my own kitten," she wrote.

Ten years later, however, she wrote about her longing to be free.

"Free to come and go as I please," she wrote. "Free to say I have a family. I will never cause him pain if it's in my power to prevent it. FREE."

And in July 2004 she complained that she had no control of her own life.

"It feels like I'm sinking," she wrote. "I'm afraid I want control of my life ... this is supposed to be my life to do with what I like ... but once again he has taken it away.

"How many times is he allowed to take it from me? I am afraid he doesn't see how the things he says makes me a prisoner ..."

The district attorney outlined in vivid detail how Dugard was kidnapped, then allegedly impregnated by Garrido when she was 13 and again when she was 16, all while being held captive in his Antioch-area home.

She gave birth to two daughters and was given the name "Alyssa," the documents state.

The documents say the three were told "to run to the hidden backyard if anyone ever came to the door; a cover story where, if questioned, (Dugard) was instructed to tell people that the girls were hers and that she was okay with them being around Phillip Garrido; and most importantly, a plan that if Phillip Garrido was ever arrested that (Dugard) was to request an attorney so that his attorney and her attorney could communicate without law enforcement knowledge."

Pierson said it now is "clear that Defense counsel is aggressively attempting to contact (Dugard) even though they have been told that (Dugard) does not want to talk to them."

"(Dugard) has emphatically stated to our office that she does not want any contact with the defendants or their attorneys," Pierson's office wrote.

Pierson said in a declaration that he spoke with Dugard on Monday and that she discussed Gellman's motion and a sentence in it that read, "Mr. Garrido has asked me to convey that he does not harbor any ill will toward (Dugard) or the children and loves them very much."

Pierson added that Dugard "immediately put the reference to 'no ill will' in context that 'I'm not following the plan.'"

She added that Garrido was using "another way of manipulating" her and that she wanted nothing to do with him, Pierson wrote.

The district attorney's office said it wanted the judge to issue an immediate protective order preventing any contact by the defendants or their attorneys with Dugard and her children.

Gellman said in an email to The Bee that she had "received the recent filing by the DA, and will respond in writing."

"I am an officer of the court sworn to do my job," she wrote. "Part of that job in every criminal case is investigation and contacting the witnesses to determine what has happened and what their take on a proper resolution would be. This is a criminal case, albeit a serious one, and what I have been seeking to do is, to a great extent, a matter of routine.

MORE...

http://www.sacbee.com/breaking/story/2530191-p2.html

[Northern Rose]

The Frame photos: Where Dugard lived for 18 years

http://www.sacbee.com/static/weblogs/photos/2009/08/where-dugard-lived-for-18-year.html

[Northern Rose]

Proposed Protective Order (.pdf)

http://media.sacbee.com/smedia/2010/02/11/10/ProtectiveOrder021110.source.prod_affiliate.4.pdf