What do you think Garrido's defense will be???

And would require the records to be sealed.

How would pg have gotten any information concerning Maines? Makes me think things I am not willing to consider.

He probably had a PI or his attorney working on it - you know what they say, you can dig up something on anyone. Hard to say if this is what happened, but it's entirely possible. Maybe Garrido did do this and therefore Maines was forced to quit and Nancy had nothing to say about it. Or maybe Phillip had information sent that he would disclose in court about Nancy if Maines went the route he said publicly he was going to take in her defense. Or Phillip just got a message to Nancy that he would do this if she proceeded and then gave her the strategy on how to request Maines be dropped.
 
Apparently Nancy allegedly feels her attorney is not communicating enough with he or that he is not doing an adequate job of defending her.
http://www.familyrightsassociation.com/bin/marsden_hearing.htm <- gives definition of what a Marsden hearing is. I guess she is lonely. Aw poor thing.

"In most jurisdictions a "Marsden Hearing” is allowed. This hearing is to allow the court to hear the defendant's problems with their court appointed counsel giving the court cause to appoint new counsel. However you must show the court serious problems, such as lack of contact and/or communication."

I think all she would have to claim is that he was going down some path she tried to communicate was not what she wanted.
 
Apparently Nancy allegedly feels her attorney is not communicating enough with he or that he is not doing an adequate job of defending her.
http://www.familyrightsassociation.com/bin/marsden_hearing.htm <- gives definition of what a Marsden hearing is. I guess she is lonely. Aw poor thing.

Every time i hear her say how lonely she is or how she's afraid of being raped and murdered, i picture an 11 year old girl, alone, scared, locked in a shed and shackled, wondering what horrible thing is gonna happen to her next, and why this female wont help her get out of it.
 
I just had another thought. Maybe the confidential material was information between husband/wife and someone is claiming that the wife cannot testify against her husband? Maybe NG spilled the beans on PG and it is thought to be privilege info between them therefore it is being squelched so we cannot see it.
 
This leaves two questions.

How did Nancy find out about marsden hearing and what is in the sealed records that require them to be sealed? This just smells of pg involvement.
 
http://www2.courtinfo.ca.gov/protem/courses/cc/marsden

If the defendant says, as he often will, “I want a new lawyer,” the judge must hold a Marsden hearing if the attorney is court-appointed. Those attending the hearing are: the judge, the bailiff, the defendant, his attorney, and the court reporter. Although defendants who hire their own attorneys have the right to change attorneys without court permission, that’s not true for defendants with court-appointed attorneys, which includes about 90 percent of all felons. They have a right to an attorney, but not a right to a specific attorney.

Many judges interpret a defendant’s punching his attorney as an implied rejection of that attorney, requiring a Marsden hearing even in the absence of a verbal request for a new lawyer.

With Marsden, the defendant must show either 1) an irretrievable breakdown in the relationship, or 2) a conflict of interest. If so, the court may dismiss the present attorney and appoint another one. It’s not uncommon for defendants to go through three or four lawyers—and thus three or four Marsden hearings—during one case.
 
I just had another thought. Maybe the confidential material was information between husband/wife and someone is claiming that the wife cannot testify against her husband? Maybe NG spilled the beans on PG and it is thought to be privilege info between them therefore it is being squelched so we cannot see it.


the law is that she cannot be MADE to testify against him. she can waive that right if she chooses too.
 
This leaves two questions.

How did Nancy find out about marsden hearing and what is in the sealed records that require them to be sealed? This just smells of pg involvement.

Well, husband and wife communication can be considered confidential :innocent:

I think the stickler is that term, "confidential evidence", since it could mean a lot of things. But maybe in this case it was just a letter directly from someone acting on behalf of Phillip to Nancy?
 
I just had another thought. Maybe the confidential material was information between husband/wife and someone is claiming that the wife cannot testify against her husband? Maybe NG spilled the beans on PG and it is thought to be privilege info between them therefore it is being squelched so we cannot see it.

Interesting thoughts - and more developed than mine!
 
This leaves two questions.

How did Nancy find out about marsden hearing and what is in the sealed records that require them to be sealed? This just smells of pg involvement.

I wonder if there has to be a Marsden hearing to get a new lawyer? If so, it's possible Maines just said he thought he wasn't best to represent her and advised her to request a hearing.
 
if the wife waives the rule it's not confidential anymore.
 
I just had another thought. Maybe the confidential material was information between husband/wife and someone is claiming that the wife cannot testify against her husband? Maybe NG spilled the beans on PG and it is thought to be privilege info between them therefore it is being squelched so we cannot see it.

The confidential information would be the description of the issues she was having with her attorney. Having that information released would be prejudicial to her case, that is why it would be sealed.

There is no reason to believe PG had anything to do with it. I think it more likely that she is looking for an aquital, whereas her attorney is looking for a plea deal.
 
Are you talking about the video because I don't see any comments by Portonova other than what is mentioned in the video. Interesting clip! Thanks

The reporter said Portonova speculated the possibility of contact between NG & PG>

So, just speculation. I think Nancy just wants a new attorney because this one isn't quite seeing things her way. However, the "confidential evidence" thing is interesting.
 
Are you talking about the video because I don't see any comments by Portonova other than what is mentioned in the video. Interesting clip! Thanks

Yes, thank you. For some reason it is only in the video.
 
The confidential information would be the description of the issues she was having with her attorney. Having that information released would be prejudicial to her case, that is why it would be sealed.

There is no reason to believe PG had anything to do with it. I think it more likely that she is looking for an aquital, whereas her attorney is looking for a plea deal.

Thing is the judge called it "confidential EVIDENCE" not "information" or "correspondence". That makes it a little more interesting don't you think?
 
Thing is the judge called it "confidential EVIDENCE" not "information" or "correspondence". That makes it a little more interesting don't you think?

That would have been the evidence used in the hearing, no doubt the argument made by whichever party chose to terminate the relationship.
 
Oh, no... I just had a thought about this again. I think it's very possible Phil is going to want to testify in his own defense. I don't know if anyone followed the Hans Reiser case (and he was claiming he didn't kill his wife), but his testimony got pretty bizarre and went on for weeks. He got convicted for his wife's murder mostly because of his testimony (it just became apparent he was a weirdo and was controlling although he kept claiming he didn't kill her)! Otherwise, he might had some chance of getting off because they could not find her body. After he was convicted and before sentencing, he told them where she was.
Yeah, but they also found books on murder in his possession, and the passenger seat ripped out of his car, and his son testified that he saw Hans carrying a large garbage bag down the stairs. I think these were the most damning testimony!
 

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