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"It looks like some of our fears have come true," he said.
Gellman, Phillip Garrido's lawyer, said she has not yet decided whether she will file a motion seeking to move the competency trial to another venue. On Thursday, Pierson filed a motion opposing such a move.
of a grand jury hearing in whichDugard testified.
Judge cuts off phone contact between Phillip and Nancy Garrido
Nancy Garrido, second from left and her husband Phillip, far right, are seen with their court appointed attorneys, Gilbert Maines, left, and Susan Gellman, during their arraignment on 29 felony counts stemming from the 1991 abduction Jaycee Dugard, 11, of South Lake Tahoe, in the El Dorado Superior Court in Placerville, Calif., on Friday, Aug. 28, 2009. The couple pleaded not guilty on charges, including forcible abduction, rape, sexual assault and false imprisonment.(Photo: Rich Pedroncelli/AP)PLACERVILLE, Calif. The judge in the Jaycee Dugard kidnapping case cut off telephone contact on Thursday between Phillip and Nancy Garrido after sheriff's officials said they appeared to be using their conversations plan their testimony.
During much of Thursday's hearing Phimister gave a tongue lashing to the lawyers in the case, especially the El Dorado District Attorney's office, for their request to receive a copy of a video tape of an interview between Garrido and a physiatrist assigned by the court to evaluate his competence, and see if he was faking.
Pierson said he needed to tape to help prepare for the competency trial.
Knapp declined to disclose the exact statements made between the two co defendants that raised their concerns, and would not say whether one was trying to influence the other. But after the hearing, he said communication at the jail between co defendants is "very problematical" because they could use those conversations to "conform their testimony to create false testimony." (Ed. note: The use of the word 'problematical' is in the context of a direct quote from Mr. Knapp.)
"Our fears have been confirmed," Knapp told the judge.
"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," Gellman said in her motion.
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Ed Knapp, a lawyer for the El Dorado County Counsel's office, told Judge Douglass Phimister that the sheriff's department had been opposed to the judge's ruling in May allowing the Garridos one 5 minute phone call each month because they feared they might use the time to coordinate their stories.
The sheriff's and district attorney's office opposed the request, but Phimister compromised by allowing the 5 minute monthly phone calls.
On Thursday, at the request of the sheriff's office, Phimister suspended the monthly phone calls and asked Knapp to file a motion New Balance Mens 990v3 detailing the problems. The judge said he would decide later whether he would end all calls in the future.
District Attorney Vern Pierson had filed a motion last week asking the judge to allow prosecutors to review a taped interview psychiatrist David Glassmire had with Garrido to help him prepare a competency report.
including a transcript New Balance Men's 373 Review
The Garridos were arrested in August 2009 and charged with kidnapping Dugard, 11 at the time, in 1991 from South Lake Tahoe and holding her captive in a hidden backyard compound at their Antioch, Calif., home. Phillip Garrido also is charged with sexual assault; he fathered Dugard's two children.
Phimister told Pierson that he could hire his own mental health expert if he wanted, and said he did not want to release the taped interview until Glassmire has reviewed the material and completed his report. The judge promised the two sides that the tape and transcript would be released in mid January plenty of time, he said, to prepare for the February trial.
To date, Garrido has been evaluated by three psychiatrists: one for the defense, and another psychiatrist, Dr. Charles Shaffer. Phimister said he hired Glassmire to basically break the tie should the other two come in with opposing opinions.
also said he was still working on a request by the Reno Gazette Journal and five other media organizations to unseal a list of documents in the case, New Balance 373 Womens Rose Gold
Phillip Garrido's lawyer, Susan Gellman, had filed a motion in February asking that he be allowed to visit his wife in jail so they could "prepare their case" and make decisions "which will strongly impact the people they have known and treated as family for the past 11 years."
Phimister set a Feb. 3 hearing to deal with that issue and a list of others to be resolved before the planned Feb. 28 trial on whether Phillip Garrido is competent to stand trial.
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