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

Discussion in 'Jaycee Lee Dugard' started by LinasK, Nov 11, 2009.

  1. time

    time New Member

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    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.
     


  2. jazerelle

    jazerelle New Member

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  3. time

    time New Member

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    "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.
     
  4. kbl8201

    kbl8201 Former Member

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    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.
     
  5. jazerelle

    jazerelle New Member

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    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.
     
  6. SunnieRN

    SunnieRN Active Member

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    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.
     
  7. time

    time New Member

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    http://www2.courtinfo.ca.gov/protem/courses/cc/marsden

     
  8. kbl8201

    kbl8201 Former Member

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    the law is that she cannot be MADE to testify against him. she can waive that right if she chooses too.
     
  9. time

    time New Member

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    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?
     
  10. time

    time New Member

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    Interesting thoughts - and more developed than mine!
     
  11. time

    time New Member

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    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.
     
  12. kbl8201

    kbl8201 Former Member

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    if the wife waives the rule it's not confidential anymore.
     
  13. Natal

    Natal Former Member

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    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.
     
  14. time

    time New Member

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    I think it's about 50/50 on that. We aren't the only ones discussing the possibility that PG had something to do with it - see comment by Portonova (sp?), a former Federal Prosecutor, near the end.

    http://www.news10.net/news/article.aspx?storyid=70104&provider=top&catid=188
     
  15. my2sisters

    my2sisters New Member

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    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
     
  16. Billylee

    Billylee New Member

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    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.
     
  17. time

    time New Member

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    Yes, thank you. For some reason it is only in the video.
     
  18. Billylee

    Billylee New Member

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

    Natal Former Member

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    That would have been the evidence used in the hearing, no doubt the argument made by whichever party chose to terminate the relationship.
     
  20. LinasK

    LinasK Verified insider- Mark Dribin case

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    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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