Pre-Preliminary Hearing 8/20/2010 1pm PST

Discussion in 'Jaycee Lee Dugard' started by Dr. Doogie, Aug 19, 2010.

  1. Dr. Doogie

    Dr. Doogie New Member

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    Here we go again. Most likely, nothing important will happen, but I will be there just in case. I will report back Saturday morning.
     
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  3. Dr. Doogie

    Dr. Doogie New Member

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    The big news is that Phillip's attorney is hinting that she will "declare doubt" about his compentency to stand trial. California Penal Code #1368 states:

    "(a) If, during the pendency of an action and prior to
    judgment, a doubt arises in the mind of the judge as to the mental
    competence of the defendant, he or she shall state that doubt in the
    record and inquire of the attorney for the defendant whether, in the
    opinion of the attorney, the defendant is mentally competent. If the
    defendant is not represented by counsel, the court shall appoint
    counsel. At the request of the defendant or his or her counsel or
    upon its own motion, the court shall recess the proceedings for as
    long as may be reasonably necessary to permit counsel to confer with
    the defendant and to form an opinion as to the mental competence of
    the defendant at that point in time.
    (b) If counsel informs the court that he or she believes the
    defendant is or may be mentally incompetent, the court shall order
    that the question of the defendant's mental competence is to be
    determined in a hearing which is held pursuant to Sections 1368.1 and 1369
    . If counsel informs the court that he or she believes the
    defendant is mentally competent, the court may nevertheless order a
    hearing. Any hearing shall be held in the superior court.
    (c) Except as provided in Section 1368.1,
    when an order for a
    hearing into the present mental competence of the defendant has beenissued, all proceedings in the criminal prosecution shall be
    suspended until the question of the present mental competence of thedefendant has been determined
    .
    If a jury has been impaneled and sworn to try the defendant, the
    jury shall be discharged only if it appears to the court that undue
    hardship to the jurors would result if the jury is retained on call.
    If the defendant is declared mentally incompetent, the jury shall
    be discharged."


    My question is: After one year of meeting with this POS and all of the overwhelming evidence that he kidnapped Jaycee and held her prisoner for eighteen years, NOW she thinks he may be crazy??? This is nothing but a stalling tactic and, once she officially declares doubt, all legal proceedings are suspended until the issue is settled. Looks like the preliminary hearing in October is probably not going to happen. Dammit!
     
  4. Dr. Doogie

    Dr. Doogie New Member

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  5. songline

    songline New Member

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    Mind boggling; since when is a perpetrator not competent?
    Since when is it a question of competence rather then a question of violation, of human rights.
    He was competent enough to hide her and her kids in a hovel...that means he knew it was wrong. he was competent enough not to let them go to school so that no red flag be raised....and he was competent enough not get get them BC's knowing he is not supposed to have them there in the first place.
    I say he is competent and evil.
     
  6. Dr. Doogie

    Dr. Doogie New Member

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    I suspect that "insanity" is the only option that Gelman has for Phil. If this goes to trial and Jaycee takes ther stand, he is toast.
     
  7. SunnieRN

    SunnieRN Active Member

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    As he rightly should be IMHO!
     
  8. LinasK

    LinasK Verified insider- Mark Dribin case

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    Posted: 8:26 pm PDT September 22, 2010
    SAN FRANCISCO -- Jaycee Dugard and her two daughters may be spared from having to testify in open court next month against the Northern California couple charged with kidnapping her and holding her captive for 18 years, a defense lawyer said Wednesday. Stephen Tapson, who represents Nancy Garrido, said he was told by several legal sources "in a position to know" that El Dorado County prosecutors convened a grand jury Friday that indicted his client and her husband, Phillip Garrido, either late Tuesday or Wednesday morning. He said he has not received the indictment yet because the transcripts have not been completed. Grand jury charges would supersede the 29 counts of kidnapping, rape and false imprisonment the district attorney brought against the Garridos soon after their August 2009 arrests, he said. The couple have pleaded not guilty. More important, an indictment would eliminate the need for a preliminary hearing where a judge would decide if there was enough evidence for a trial, according to Tapson. That hearing is scheduled for Oct. 7. "If (prosecutors) don't have to put on a preliminary hearing, the live bodies are not subject to cross-examination," he said. "It's timesaving for them, but obviously defense lawyers can't stand it."
    http://www.ktvu.com/news/25124630/detail.html
     
  9. LinasK

    LinasK Verified insider- Mark Dribin case

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    By Sam Stanton
    Sacramento Bee
    Posted: 09/23/2010 06:08:13 PM PDT
    Updated: 09/23/2010 06:35:30 PM PDTSACRAMENTO -- Phillip Garrido will be back in court Friday afternoon, possibly for his public defender to announce that the accused kidnapper of Jaycee Lee Dugard may be mentally incompetent to stand trial.
    Such a move could put an immediate stop to the proceedings, if the judge in the case agrees to order a mental evaluation of the convicted rapist and kidnapper.
    The hearing was scheduled after a closed session held Thursday in El Dorado Superior Court, records show, and follows word that the El Dorado County grand jury had issued new indictments against Garrido and his wife, Nancy, earlier this week.
    Nancy Garrido's attorney said he believed the indictments had been issued, but they have not yet been made public. The current charges were expected to be thrown out at the next scheduled hearing on Oct. 1 and replaced by the indictment, which would allow the case to move directly to trial without a preliminary hearing.
    But that may all change, depending on what Garrido's lawyer, Susan Gellman, does in court Friday.

    more at link: http://www.contracostatimes.com/top-stories/ci_16158369
     
  10. JoeFromLB

    JoeFromLB Active Member

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  11. songline

    songline New Member

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    WHAT IS WRONG WITH THIS JUDGE?

    Every case that is on trial now is definitely scaring me. the judges are not judges.
    Who are they? Why is this allowed to go on? :furious::furious::furious:
     
  12. AmandaReckonwith

    AmandaReckonwith Defective Detective

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  13. JoeFromLB

    JoeFromLB Active Member

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    Garrido is playing him like a violin. He knows EXACTLY what he's doing.

    It's sad when the monster on trial is smarter than the officers of the court.
     
  14. songline

    songline New Member

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    What is so scary is why do you and I see that PG is very capable?
    THERE IS A RASH OF HORRIFIC JUDGES RIGHT NOW ... I MEAN REALLY HORIFIC :( :( :(

    when Judges are not about justice then there is a huge other problem.
    We cant trust a justice system that is NOT about justice.
     
  15. songline

    songline New Member

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  16. Dr. Doogie

    Dr. Doogie New Member

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    I don't blame the judge on this one - he has to examine a defendent's competence if the issue is raised by the attorney. From what I have seen, Phimister is just making sure that he is doing everything by the book in light of the obvious media and legal scrutiny that this case will receive.

    However, I do blame Gellman for bringing this issue up at this late date. I know that she is obligated to do anything and everything to represent the interests of her client, but this whole nonsense about "talking to angels" was known within 24 hours of his arrest - making an issue of it now i=s nothing but a stalling tactic. My prediction is that once Phillip is deemed competent, then Tapson will pull the same stunt with Nancy, delaying this further. The goal seems to be to stall this as long as possible - as bad as county jail is, it is a picnic compared to state lockup. The longer that the Garridos await trial, the better off they will be.
     

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