Shattered Innocence

by Robert Scott

  Asked when the investigation on Walnut Avenue could end, Orrey said that Monday’s search was crucial. “It really depends on what we find when we start digging today. If we don’t find anything of significance, we hope to wrap up the operation tomorrow. The goal is to search the property as thoroughly as possible.”

  Later in the day, Orrey reported that some bones were found, but they were very, very old, and probably animal bones. And Orrey added, “No evidence has yet turned up about either Michaela Garecht or Ilene Misheloff. We’re really at a tough point, where if we do find something, it will be some type of tragic ending.”

  During all the digging and searching on Monday, Michaela Garecht’s mother came out to the area once again. She presented the investigators with a handmade thank-you note. Then Sharon said to the media, “I’m just hoping someone will give us the answers we need to end this. I felt nauseous at one point, because I thought of what might be found. A friend asked if I was nervous about going there if authorities found something. I said they didn’t have to worry. I have plenty of loving arms around me.”

  In the end, after all the renewed frenzied activity on the Garrido and Robinson properties, no new significant clues about Michaela Garecht or Ilene Misheloff surfaced. At Tuesday’s noon news conference, Lieutenant Orrey told reporters that another bone had been discovered, but it was very old. Some teeth were also found, but the teeth were determined to be from an animal.

  Orrey related that search crews were now packing up and about ready to leave. She stated, “We will walk away from these properties knowing we left no stone unturned.” Both Orrey and von Savoye added that now it was time to sift through all the items that had been taken from the properties to see if there was anything significant to their cases. They also said at that point that Phil and Nancy Garrido had not been eliminated as suspects in their cases.

  For Michaela Garecht’s mother, it was a bittersweet moment. She thanked police agencies for their efforts, but said she was glad they had been unsuccessful in finding Michaela’s remains. Sharon told reporters, “My hope is still alive. I can’t help but feel relieved they didn’t find anything here. I’m still hoping to find Michaela alive.”

  In the end, after a week of intense searching, the investigators did not find any evidence linked to Michaela Garecht, Ilene Misheloff, or any other missing girl. The discovered bones were either very old human bones or animal bones. Most of the ground anomalies were only holes filled with concrete or chunks of debris. Damon Robinson was allowed to return to his home, and the mob of reporters once again disappeared from Walnut Avenue. The residents of the area heaved a collective sigh of relief. They had weathered a “second invasion,” and it was finally over. Most of the activity surrounding the Garridos was now shifting to Placerville and the arena of the court.

  And not unlike the scene at Walnut Avenue, there were still plenty of new twists and turns in the drama that surrounded the case. Now it was learned that Jaycee Lee Dugard’s biological father was trying to become part of her life, and he had just retained one of America’s most famous lawyers to represent him in that quest: Gloria Allred.

  CHAPTER 31

  “I’M SO HAPPY!”

  As early as August 27, 2009, there had been reports that Ken Slayton, sixty-three, was the biological father of Jaycee Lee Dugard. Then on September 25, 2009, there was no doubt about it. Slayton sat down with his lawyer, Gloria Allred, and held a video news conference. Slayton said that he, his wife, and his children were ready to add Jaycee and her daughters to their family. Ken admitted that he had dated Terry Probyn in 1979, and she became pregnant. He claimed that after that, he lost track of her when a baby was born, who turned out to be Jaycee.

  Slayton stated that he had been informed by the FBI in 1991 that a daughter he had never met had been kidnapped, and she was named Jaycee Lee Dugard. Ken said, “I’ve had nightmares over the years wishing there was more I could have done to help Terry and Jaycee. Now that Jaycee has been found, I want her to know that our hearts are open to her, and we long to be the loving, supportive, and normal family to her and her children that she has not had for eighteen years. We love you, Jaycee, and wait for your call. And we would like to meet you in person, hopefully very soon.”

  This latest twist in the dynamics of all these family relations had many people puzzled and others skeptical. In a poll of viewers, Bay Area KRON television station posted some of their comments. One person stated, “Please give this girl some space. She needs to get her mental state in order for herself and her family first.” Another person commented, “It is unfortunate Mr. Slayton went in front of television cameras with Gloria Allred. His motives may be pure, but given the manner that he made his request public, he seems like a guy who wants his fifteen minutes of fame in the spotlight. He could have contacted the family privately and without Allred—who is also in search of a TV camera.”

  The most important comment came from Erika Schulte, who was by now spokeswoman for the Dugard family. Schulte said that Slayton’s remarks “came as a big surprise.” Schulte added that neither Ken Slayton nor Gloria Allred had invited Jaycee or her family to the press conference or provided them with copies of their statements. Schulte said that the Dugards were in seclusion without a television, and may not have been aware of this latest turn of events.

  Whatever Ken Slayton’s motives, more interest was shown by the media about Jaycee and her daughters when McGregor Scott, a former U.S. attorney from Sacramento, gave out the first details of what life was like for them since they resurfaced from the Garrido compound. Scott and his law firm had agreed to donate their services to Dugard to help with a myriad of issues including how to handle all the media attention. McGregor Scott had been a DDA in Contra Costa County from 1989 to 1997. From 1997 to 2003, he had been the DA of Shasta County. And from 2003 to 2009, he was the U.S. attorney for the Eastern District of California. Now he was in private practice in Sacramento, and mainly focused on white-collar crime and corporate investigations.

  In a press conference on September 24, 2009, Scott related that he had recently met twice with Jaycee, her daughters, and Jaycee’s mom, Terry. Scott said that Jaycee and daughters were receiving top-notch medical care and therapy. They were also taking care of practical matters, such as obtaining birth certificates for the girls and setting up a trust fund for donations that were coming in.

  Scott said, “They’re doing remarkably well, under the circumstances. When I met with them last week, I was very pleasantly surprised by what I saw. And when I saw them this week, it was even better. It’s a very encouraging set of circumstances. The girls are getting tutoring and Jaycee’s observing that. You have to remember that Jaycee only has a fifth-grade formal education. She very much has a brain she wants to develop.”

  Scott added, “Jaycee has conflicting emotions about the arrest of her alleged captors, Phillip and Nancy Garrido. There’s no question she knows terrible and wrong things were done to her, and that the people who did those things must be held accountable by the authorities. Therefore, she is cooperating fully with law enforcement in their investigation. She understands and appreciates that she will testify at a trial.” Then Scott added, “It’s a very sordid tale.”

  As far as keeping Jaycee and her daughters secluded, Scott related, “There are a lot of people in law enforcement and elsewhere who’ve been working very hard to maintain that privacy, and it continues as we speak. They just need to be left alone right now, but it’s a struggle. So far, law enforcement have done a very nice job of balancing the demands of their investigation with Jaycee’s need for space and privacy.”

  As to law enforcement and the courts having failed Jaycee for so many years, Scott said, “I’ve spent two decades of my life in law enforcement in this state and we failed Jaycee Dugard and her family.” And Scott added that a miracle had happened, and Jaycee and Terry wanted the focus to be on helping other families with missing children. Terry had a written statement thanking everyone for their
well wishes for Jaycee and the girls. Asked about Ken Slayton wanting to meet with Jaycee, her daughters, and Terry, Scott would not comment about that at all.

  In the arena of court proceedings, Phil Garrido’s lawyer, Susan Gellman, showed just how seriously she took her job. In an “Informal Request for Discovery,” Gellman addressed the judge by stating she wanted the names and addresses of people the prosecutor intended to call as witnesses. She also wanted all relevant statements made by the defendant. In addition, she wanted all relevant documents on any items seized concerning Phil Garrido and “the existence of a felony or moral turpitude” of any material witness. Other items included all photos taken by law enforcement; statements made by Phil Garrido regarding the case; any documents relating to physical examinations of Phil; and any reports about substances taken from him, including blood, hair, tissue, and urine. In fact, the list went on and on, up to thirty-seven different topics.

  Stories about Jaycee Lee Dugard continued to make news that autumn, even when all the frenzied activity on Walnut Avenue had ceased. The National Enquirer supposedly scooped everyone else when they ran a photo purportedly to be that of an adult Jaycee Dugard on their front cover. The Enquirer had surmised that a photo of a blond young woman on one of Phil Garrido’s business cards was that of Jaycee. The photo depicted a very pretty blond woman in her twenties, wearing a jean jacket. The Enquirer caption stated, The striking blonde pictured on the back of it was introduced to barber Thompson as Garrido’s daughter Alissa. Thompson was Wayne Thompson, owner of Wayne’s Barbershop in Pittsburg.

  Thompson’s own comments were that “I gave the card to the Enquirer for free. I was told it was her ( Jaycee/Alyssa) by Phillip. He said he put his daughter’s picture on the card to show what he could do with photos.”

  The photo definitely appeared to be what Jaycee might look like as a woman in her middle twenties. But family spokesperson Erika Schulte remarked, “Either it’s inaccurate or, if it was her, you’d be identifying a victim of a sex crime against her wishes. I think it’s horrendously irresponsible to run something like that.”

  And Ben Daughdrill, of Oakley, who had been a customer of Phil’s business card establishment said about the photo being Jaycee/Alyssa: “It’s not even close! I’m positive that’s not her. No way!”

  In the end, Daughdrill was proven to be right. Within a short period of time, People magazine had a photo of the “real” adult Jaycee Lee Dugard on its front cover, and she looked nothing like the blonde on the business card. In fact, Jaycee was now a very pretty brunette with the same smile she had shown as an eleven-year-old girl. Along with the front cover photo were more photos in the magazine and an extensive article about Jaycee and her new family life. In large letters on the magazine cover was a quote by Jaycee: “I’m so happy to be back.”

  The article began by stating: At age 29, most young women are happy to be out on their own, free of their parents. Jaycee Dugard and her mother, Terry Probyn, see things a little differently. Jaycee related that she wanted to live with Terry for the foreseeable future, and Terry was thrilled with that. Terry still had to pinch herself, as if all of this was a dream from which she might wake up.

  The People magazine photographer apparently did not interview Terry, Jaycee, and Jaycee’s half sister, Shayna. Instead, Jaycee gave a written statement to be published. In it, she wrote, I’m so happy to be back with my family. Nothing is more important than the unconditional love and support I have from them.

  The article noted that no one knew how long and hard the recovery for Jaycee would be. But it related that the photos of a smiling, healthy Jaycee was testament of a good start. No photos were taken of Angel or Starlit, but family spokesperson Erika Schulte said, “They’re focused on being a family.” And as to the Northern California location where they were staying, Schulte said, “It’s a very secluded existence right now by design. They’re not hiding. They’re enjoying their privacy. They occupy their time with catching up, reading, and cooking.”

  Terry did pass on that Jaycee made salsa, beans and rice, and the dish was very good. And under the circumstances, Terry said that life was moving along in a very “normal” fashion. And Terry’s stepmother, Joan Curry, related that Terry, Jaycee, and Shayna all knew of the struggles that lay in the future. Obviously, Jaycee had been impregnated at a very young age by her captor, and Phil Garrido was the father of her children, Angel and Starlit. Curry related, “Jaycee is realistic.” McGregor Scott added, “She knows this is not going to be the easiest road that she’s ever traveled, but she is just very upbeat, giddy that’s she’s with her family. She smiles a lot.”

  Another revelation was that Jaycee’s therapy included horseback riding, which she loved. Jaycee, Shayna, their mom, and the therapist all went for horseback rides in the secluded locale where Jaycee was staying. Of this, Schulte said, “Horse therapy is part of the reunification therapy they’re going through. Jaycee and the girls really love riding horses.”

  From the photos, it could be determined that Jaycee and her daughters were now in a semirural area, somewhat like the landscape they had been used to for so long on Walnut Avenue. The big difference now was that they weren’t being kept in a series of tents and sheds behind a high fence, and the area was much more upscale than Walnut Avenue had been.

  Another issue addressed in the article was about Angel and Starlit’s lack of formal education. What was amazing, according to Joan Curry, was that tests proved that Angel functioned at the level of a high-school senior. She had been taught by Jaycee, who only had a fifth-grade education. Curry related that “Both girls are very bright.” And McGregor Scott added that the girls were now being tutored in math and English for their grade equivalents.

  There didn’t seem to be a timetable on therapy concerning Jaycee and the girls. Joan likened it to an adopted child being introduced to her birth parents. And Schulte noted that Jaycee didn’t seem to want to dwell on the past. She was more excited about what the future held for herself and her daughters.

  A new revelation popped up in the article as well. Ten months after Jaycee disappeared from South Lake Tahoe, a person living in Oakley now claimed that they had seen her at a gas station in the Oakley area, not far from Walnut Avenue in the early 1990s. In fact, the girl he had seen had gotten out of vehicle and stared at a poster of Jaycee Dugard. If it was really her, she was staring at a poster of herself. A detective asked Jaycee if she recalled this incident, but she could not remember it.

  CHAPTER 32

  A SCATHING INDICTMENT

  One revelation quickly followed another in the fall of 2009. In the early part of November, the California Department of Corrections and Rehabilitation released a report titled, “The Supervision of Parolee Phillip Garrido.” It was a scathing indictment of all the missed opportunities concerning Jaycee Lee Dugard and the lax supervision of Phil Garrido.

  In a cover letter at the beginning of the report, Inspector General David Shaw related, The special report concludes that the department repeatedly failed to properly classify and supervise parolee Garrido during the decade it supervised him. Throughout the course of its supervision of Garrido, we found the department missed numerous opportunities to discover Garrido’s victims, who Garrido held captive in a concealed compound at the back of his residence. We discovered that the department also failed to properly supervise and train its parole agents responsible for Garrido.

  The report was forty pages in length and started out by giving a summary of Phil Garrido’s kidnapping and rape of Katie Callaway and his incarceration in federal prison and then Nevada state prison. It noted that Garrido had received a fifty-year sentence, but only served eleven years in federal prison. Nevada only held Phil for seven months and then paroled him to his mother’s house on Walnut Avenue, near Antioch. Phil was still on federal parole, and later Nevada parole there, until June 1999, when the supervision went over to the state of California.

  And then in a scathing aside, the special report state
d that on August 27, 2009, the day after the arrest of Phil and Nancy Garrido, a department official actually praised the parole agents who had supervised Phil. The special report noted that the actual supervision of Phil Garrido had been lax to nonexistent.

  Next in the report was a short timeline of the abduction of Jaycee Lee Dugard in Lake Tahoe and the incident at UC Berkeley where Phil Garrido’s elaborate deceptions began to unravel. The report went on to tell of the initial visit by parole agents to the Garrido home on August 25, 2009, and the subsequent details of the Garridos the next day at the Concord Parole Office, where the truth was finally learned about the Garridos and Jaycee Lee Dugard.

  Next in the report was a series of aerial photographs of the neighborhood on Walnut Avenue, the Garrido home, and the backyard, in what was termed “the concealed compound.” This was followed by a lengthy discussion of “Parole Agents’ Tools for Supervising Parolees.” Among these were GPS monitoring devices, which the registered sex offenders had to wear around their ankles. This was because of Proposition 83 ( Jessica’s Law), which California voters had passed in November 2006.

  The department required Phil Garrido to start wearing his GPS device in April 2008. Through the use of satellite technology, the GPS device transmitted a parolee’s location, speed of movement, and direction of travel to a receiver monitored by the department. The department also had three levels of supervision: high control, the most intensive level of supervision for those with the highest risk of reoffending; mid-level control, for parolees with average risk of reoffending; and minimum control for those with the least risk of reoffending.