if this judge grants even one defense motion friday, im moving to s lake tahoe so i can vote him out.
Garrido's Attorneys
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AL AL - Angela Lynn Hewitt, 46, Meridianville, 13 Apr 20244
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if this judge grants even one defense motion friday, im moving to s lake tahoe so i can vote him out.
BeenaBobba
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I would probably go that route with PG, but I'm not sure about Nancy. They're obviously guilty as sin, but it does seem like PG has more than a few screws loose. Ultimately, I don't think an insanity defense will work. PG knew what he did with Jaycee was wrong; I mean, he even wrote that he knew his desires were wrong in his manifesto. Anything is possible, but I don't think he'll be deemed mentally incompetent, either. Of course, his defense attorney has to have some sort of defense lined up for him, but at the end of the day, I think the jury will believe that he had a plan should he ever get arrested -- and most importantly, that he intended for Jaycee to follow this plan.
Among other details from the newly released documents:
from this link and the parole docs:
http://www.contracostatimes.com/ci_14394629
# More recently, Garrido was an active participant in a parole outpatient clinic, according to a 2009 parole progress report. The clinic provides treatment and supervision to mentally ill parolees and their families.
He was to attend these meetings once a month from what I can gather from the parole docs, and from what I can see, it looks like these sessions started in at least 2008, not 09.
Obviously someone has already paved the way here, IMO this is basically the only damn defense his defense team has.
from this link and the parole docs:
http://www.contracostatimes.com/ci_14394629
# More recently, Garrido was an active participant in a parole outpatient clinic, according to a 2009 parole progress report. The clinic provides treatment and supervision to mentally ill parolees and their families.
He was to attend these meetings once a month from what I can gather from the parole docs, and from what I can see, it looks like these sessions started in at least 2008, not 09.
Obviously someone has already paved the way here, IMO this is basically the only damn defense his defense team has.
LinasK
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Veteran Sacramento defense attorney William Portanova said a mental health defense could play out in several ways. A defendant could be found unfit to stand trial and be sent to a mental hospital. Or, a defendant could present a mental health defense at trial and, if successful, be sent to a mental hospital afterward.
Portanova said he saw little chance of either occurring.
"I think mental defenses work best in isolated incidents where people have an aberrational behavior explode once," he said. "But 18 years of violence, predatory behavior, conniving, manipulation and deceit will be very difficult to overcome."http://www.sacbee.com/2010/02/25/2563366/phillip-garrido-heard-angels-attorney.html
Portanova said he saw little chance of either occurring.
"I think mental defenses work best in isolated incidents where people have an aberrational behavior explode once," he said. "But 18 years of violence, predatory behavior, conniving, manipulation and deceit will be very difficult to overcome."http://www.sacbee.com/2010/02/25/2563366/phillip-garrido-heard-angels-attorney.html
LinasK
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Garrido Pleads Not Guilty Regardless Of Confession
Feb 25, 2010 4:45 pm US/Pacific
<snipped>
"If I was his attorney, that would be something I would want him to do at this point," says defense attorney Ken Rosenfeld, when asked why Garrido doesn't plead guilty.
Rosenfeld says Garrido is facing record prison time.
"The sentence he's facing could be the longest in California, it could be thousands of years," he says.
And the chance of Garrido getting a sympathetic jury is very slim, according to Rosenfeld.
"You can go door to door and you're not going to find 12 people who believe him or think he's insane," Rosenfeld said.
Read Full Court Document
http://static.cbslocal.com/station/k...4-DefReply.pdf
Video: Attorney: Garrido Mentally Ill, Not Manipulative 2/24/10
http://www.cbs13.com/video/?id=68840@kovr.dayport.com
Article:
http://cbs13.com/local/phillip.garri...2.1521284.html
Feb 25, 2010 4:45 pm US/Pacific
<snipped>
"If I was his attorney, that would be something I would want him to do at this point," says defense attorney Ken Rosenfeld, when asked why Garrido doesn't plead guilty.
Rosenfeld says Garrido is facing record prison time.
"The sentence he's facing could be the longest in California, it could be thousands of years," he says.
And the chance of Garrido getting a sympathetic jury is very slim, according to Rosenfeld.
"You can go door to door and you're not going to find 12 people who believe him or think he's insane," Rosenfeld said.
Read Full Court Document
http://static.cbslocal.com/station/k...4-DefReply.pdf
Video: Attorney: Garrido Mentally Ill, Not Manipulative 2/24/10
http://www.cbs13.com/video/?id=68840@kovr.dayport.com
Article:
http://cbs13.com/local/phillip.garri...2.1521284.html
Dr. Doogie
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Just a thought: If Phil is claiming that he has been healed from his "evil thoughts and deeds", isn't that an admission that he knew that his actions were wrong when he committed them? And isn't that the legal definition of "sane"?
id rather it be an insanity defense cause that way he's not gonna skate with all this nonsense about the girls ages or them being a happy family......he at least will have to admit what he did to them.
LinasK
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If the judge refuses to grant Gellman contact information for Dugard, she is asking him to name an intermediary.
Gellman included a copy of the bizarre "manifesto" that Garrido delivered to the FBI office in San Francisco just days before his Aug. 26 arrest. Titled "Origin of Schizophrenia Revealed," it is a rambling claim of the ability to hear voices, accompanied by a testimonial signed by eastern Contra Costa County businesspeople.
Whether a claim of mental incompetence would hold up is uncertain. Legal experts say that kind of defense along with a suggested brainwashing defense for Nancy Garrido is made tenuous by the 18-year duration of Dugard's captivity. The fact that the couple maintained somewhat normal contact with the outside world, through Phillip Garrido's printing business and Nancy Garrido's work as a nursing aide, adds to the challenge, legal scholars say.
Under state law, a "not guilty by reason of insanity" defense must show the accused person "was incapable of knowing or understanding the nature and quality of his act or her act and of distinguishing right from wrong at the time of the commission of the offense."http://www.contracostatimes.com/top-stories/ci_14469475
BBM. I just caught that when I went back this evening and read my hard copy of the paper. This is outrageous! If the judge won't disclose Jaycee's address, Gellman wants an intermediary to talk to Jaycee!!!:furious: Jaycee is the victim here, HELLO. She as a victim and witness does not need to be intimidated or harassed. She doesn't have to talk to any of the defense prior to the trial and she NEVER has to have contact with the Garrido's ever again. Got that Susan???:banghead::banghead::banghead:
Gellman included a copy of the bizarre "manifesto" that Garrido delivered to the FBI office in San Francisco just days before his Aug. 26 arrest. Titled "Origin of Schizophrenia Revealed," it is a rambling claim of the ability to hear voices, accompanied by a testimonial signed by eastern Contra Costa County businesspeople.
Whether a claim of mental incompetence would hold up is uncertain. Legal experts say that kind of defense along with a suggested brainwashing defense for Nancy Garrido is made tenuous by the 18-year duration of Dugard's captivity. The fact that the couple maintained somewhat normal contact with the outside world, through Phillip Garrido's printing business and Nancy Garrido's work as a nursing aide, adds to the challenge, legal scholars say.
Under state law, a "not guilty by reason of insanity" defense must show the accused person "was incapable of knowing or understanding the nature and quality of his act or her act and of distinguishing right from wrong at the time of the commission of the offense."http://www.contracostatimes.com/top-stories/ci_14469475
BBM. I just caught that when I went back this evening and read my hard copy of the paper. This is outrageous! If the judge won't disclose Jaycee's address, Gellman wants an intermediary to talk to Jaycee!!!:furious: Jaycee is the victim here, HELLO. She as a victim and witness does not need to be intimidated or harassed. She doesn't have to talk to any of the defense prior to the trial and she NEVER has to have contact with the Garrido's ever again. Got that Susan???:banghead::banghead::banghead:
gellman is a tool.....and the irony is she doesnt even realize it
i realize a lawyer is supposed to do her best for her client, and really, that's what she's doing with the insanity defense.
but this continued insistance on harrasing jaycee and her family should get her disbarred.
i realize a lawyer is supposed to do her best for her client, and really, that's what she's doing with the insanity defense.
but this continued insistance on harrasing jaycee and her family should get her disbarred.
Dr. Doogie
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Gellman lost any of my respect when she played the "They are opposing my motions because I am a woman" card. Weak, very weak. It must be hard to be a defense attorney when your client is one of the most despised humans on the planet, so you will pull anything out of your hiney to find something that will work.
BeenaBobba
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I think she would have been criticized for that even if she was the manliest of men. She is in a very unenviable position, that's for sure!
Personally I think she is a fool. First she spouts about their "happy" family life. Now she is saying he is mental and has been for years and yet she wants this mentally unstable, kidnapping, rapist pediphile to have the address of his victim and her two minor children. What an insane fool.
BeenaBobba
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It seems like they're grasping at straws, and really, what other choice do they have? PG is obviously guilty, but everyone is entitled to a legal defense. I may not like what they're saying and doing, but as long as they're following the letter of the law, I can't really say they're foolish or evil for doing so. To be honest, I doubt they actually believe what they're arguing, but they have to argue on PG's behalf nonetheless. If they don't try every trick in the book, then there's a chance that PG will have grounds for an appeal, thus delaying justice for Jaycee and her family.
But still it is against the California constitution to harass victims. There is no real reason for her to have that address. Gellman can go through the DA's office if and when there is a need to talk directly to Jaycee. They can meet at the DA's office. So no reason for knowing the address. They just want it so Phil can send Jaycee letters.
Gellman was hired on tax payers dollars for the purpose of the criminal defense and yet she is acting like a family law attorney. In that case, the taxpayers should not be footing her bill. Phil should be paying her for that service.
Gellman was hired on tax payers dollars for the purpose of the criminal defense and yet she is acting like a family law attorney. In that case, the taxpayers should not be footing her bill. Phil should be paying her for that service.
BeenaBobba
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I pretty much agree with what you wrote, and that's why I think the judge will deny her request today; however, from my (limited) understanding, it's not unusual or illegal for a defense attorney to make such a request, just as it's not unusual or illegal for a prosecutor to oppose it. If she were to continue trying to obtain Jaycee's address after the judge rules against doing so, then that would most definitely constitute harassment and unethical/illegal behavior.
Bottom line. Jaycee = victim. If a judge even THINKS there is a reson for PG and/or NG to talk to Jaycee about ANYTHING, let alone her daughters, he needs to read the CA victims rights laws. TThe judge owes her, and her family safety from PG, NG and their lawyers.
BeenaBobba
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Exactly. There's no way he will allow it. Jaycee has the right to refuse their requests.
LinasK
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Ohhh, that's almost as bad as when defending her client against dog mauling charges, defense attorney Nedra Ruiz got down on all fours in the courtroom and barked like a dog!:razz:
no contact, no adress, no middle man .no metings for the two nutjobs, and a proection order for jaycee.
anything less and this judge needs to submit himself for drug testing.