Shattered Innocence

by Robert Scott

  Adding to the drama that month, Phil Garrido contacted KCRA television for the third time. This time, it was a letter “apologizing” for what had happened to Jaycee Dugard. The letter read in part, First off I would like to apologize to every human being for what has taken place. People all over the world are hearing testimony that through the spirit of Christ a mental process took place ending a sexual problem believed to be impossible.

  Susan Gellman, who was in St. Petersburg, Florida, when she learned about this latest letter from Phil, contacted KCRA by phone and said, “Mr. Garrido is expressing genuine remorse. He would like people to consider the fact that he’s a changed man and his story is best told all at one time, instead of in pieces. He presents obvious issues concerning whether or not he is competent to be a defendant, and we are looking into that.”

  Gellman’s last sentence was very important. She was hinting at the fact that Phil Garrido might not be competent enough to stand trial. One of the tenets of law for a defendant to stand trial is that they understand what is going on in a courtroom and be able to help their attorney in their defense. And yet, here was Phil Garrido, once again going against his own lawyer’s wishes that he not contact anyone in the media.

  A KCRA television reporter contacted UC Davis law professor Donna Shestowsky, who had a Ph.D. in psychology, about Phil Garrido’s latest letter. Shestowsky said, “To me, this almost rises to the level of what psychologists would call a partial apology. It’s almost like he’s saying, ‘I have a problem, and what I did was a problem.’ But he’s certainly not taking full responsibility for his actions.”

  El Dorado County DA Vern Pierson was having none of this “changed man” theory. He told reporters that Phil’s latest letter was “eerily similar to those comments he made at his trial in the Katherine Callaway case and remarks he later made to a parole board. It appears once again that Mr. Garrido seeks leniency due to claims of religious transformation and alleged personal change.”

  Controversy and chaos always seemed to swirl at the margins of the Jaycee Lee Dugard story. In November, KCRA television learned that Shane Ryan, the director of low-budget horror movies, such as Amateur Porn Star Killer, wanted to make a movie about the case. Ryan told KCRA that he wanted to focus on the relationship between Jaycee Lee and Phil Garrido. A spokeswoman for the Dugard family called the idea outrageous. The spokeswoman declared, “It is exploitive, hurtful, and breathtakingly unkind!”

  And the turmoil over what Nancy Garrido’s lawyer, Gilbert Maines, might have said at a local golf course still roiled the waters all that autumn. More information was leaking out about this, and according to the Contra Costa Times, Eduardo Bartolome, a bartender at the Cold Springs Golf & Country Club, near Placerville, was one person who supposedly heard this conversation by Maines. According to Bartolome, Maines had two alcoholic drinks at the bar, and someone had reported that Maines “was discussing the case in detail.” Bartolome said, “Supposedly, Maines was talking to me about a book deal or making money through some kind of book or movie arrangement following the trial.” Bartolome swore, “No such conversation like that took place.”

  A fellow club member, Sam Cooper, signed a declaration that was similar to what Bartolome said, and the declaration stated: Mr. Maines came to the country club to get away from all that. (That meant anything to do with the Garrido case.) Cooper went on to say that the alleged conversation by Maines had not taken place.

  In addition to these two individuals, Nancy Garrido also signed a declaration to the court: I do not understand what is going on. I have a relationship with Mr. Maines and I know that I trust him. She definitely did not want Gilbert Maines removed as her attorney.

  Later in November, it seemed as if Nancy Garrido was going to get her wish. Maines filed an appeal with the California Third District Court of Appeal. After looking over the situation, the Third District Court of Appeal temporarily halted Judge Phimister’s order to remove Maines as Nancy Garrido’s lawyer.

  Sam Cooper had some more things to say about the situation. Cooper related, “Some club members often asked about the case, and Maines said he couldn’t discuss it. There are some members who are quite vocal about the fact they didn’t think people like these (Nancy and Phil) deserved to be represented, and that anyone taking on their defense are of questionable ethical or moral standards.”

  And so whatever court proceedings that should have been moving forward in the cases against Phil and Nancy Garrido became bogged down in this morass of whether Gilbert Maines was going to stay on as Nancy’s lawyer. While Katie Callaway Hall, Ken Slayton, and Gloria Allred watched from the gallery in a new hearing, they witnessed some very unhappy people in the courtroom. Nancy Garrido looked sullen as she sat next to her newly court-appointed lawyer, Stephen Tapson; while Gilbert Maines looked forlorn, sitting nearby. Susan Gellman appeared to be embarrassed for what was happening to her colleague, and even Tapson seemed to be uneasy in his new role. The whole court hearing was very brief, as Judge Douglas Phimister said that he couldn’t proceed until a state appeals court ruled on the matter concerning Gilbert Maines. The only one beyond the bar who seemed totally unconcerned by the proceedings was Phil Garrido. He just stared off into space, as usual.

  Outside the courtroom after the short hearing, Katie Callaway Hall told reporters, “Looking at him, I saw the same creepy guy I saw so many years ago. I just want to make my presence known. Any day I can see that man in shackles is a good day for me.”

  Ken Slayton, standing next to Gloria Allred outside the courtroom, also made some statements. Slayton said, “It was a double whammy when I learned that I not only had a daughter, but that she had been kidnapped and was now free. I think they (Jaycee and her daughters) need a man in their lives, and I’m a good man.”

  Gilbert Maines, of course, had a few things to say as well outside the courtroom. He related, “I never get drunk or obnoxious and I never discuss the case when I’m drinking.” And as to a rumor that was going around that Phil had gotten Nancy hooked on methamphetamines to make her compliant, Maines said that he didn’t know the accuracy of that statement.

  Between this and the next court hearing, Nancy’s meth angle took on a life of its own. Apparently, numerous sources told CBS News that Phil had supplied Nancy with meth and “she was heavily into methamphetamine usage.” A legal analyst for CBS News noted, “If her lawyers could establish that, not only did he have this sort of Svengali-type control over her, but he also increased that mind control with this heavy supply of drugs—maybe that cuts to her favor.”

  Other stories about the Garridos kept bubbling to the surface as well. Some local residents spoke of Phil taking Jaycee and the girls to the Antioch Public Library, to the beach, and to the park. And one persistent story had Phil and the girls trick-or-treating on one Halloween, with Phil dressed in a gorilla costume.

  It wasn’t until January 21, 2010, that the whole matter of who was going to be Nancy Garrido’s attorney was settled. On that date, Judge Douglas Phimister announced that Gilbert Maines was permanently removed as Nancy’s lawyer, and Stephen Tapson would represent her from that point forward. Judge Phimister noted an affidavit from Nancy to keep Maines as her lawyer, but Phimister asserted that it was his right, as a judge, to remove a lawyer if he thought that it was in her best interest. Since Nancy Garrido still had no bail amount set, Tapson asked for a bail amount, and received the figure of $20 million, which was very unlikely to be raised.

  After the short hearing, one reporter asked Maines, “What did you do to warrant being replaced?”

  Maines replied, “I defended my client, and I did it in public. From day one, you guys have vilified or crucified the defendant. I have the right to defend my client in any way I believe is best.”

  And it soon was apparent that Stephen Tapson was going to “defend” his client in the press as well. Tapson let it be known, “Nancy Garrido asked me to tell Jaycee and the kids she really misses them and loves them. She would obviously lov
e to see them. I’m assuming the forces of evil won’t allow that to happen.”

  To the remark about the “forces of evil,” McGregor Scott, who had contact with Dugard and her children, had no comment.

  CHAPTER 34

  “THEY WERE VICTIMS.”

  It wasn’t until late January 2010 that Angel and Starlit finally had birth certificates. Jaycee Dugard was listed as their mother, and Phillip Garrido as their father. The birth dates were set as being in August 1994 for Angel, and November 1997 for Starlit. Phil was forty-three when Angel was born, and Jaycee was fourteen. To try and put a different spin on her client and his actions, Susan Gellman wrote a document to Judge Douglas Phimister that the Garridos’ property on Walnut Avenue was not a prison in its later years: It was a family home with pets, a garden and activities they joined in together. Phillip Garrido had stopped sexual activities with Dugard sometime around the birth of the youngest daughter. The children were raised as the children of Nancy and Phillip Garrido and all five held themselves out to be a family. Gellman added that they took vacations together, ran a family-operated business, and Angel and Starlit were homeschooled. Everyone had special names for each other.

  And because of these contentions, Susan Gellman now wanted Phil and Nancy Garrido to be able to visit each other while they were incarcerated because they were, after all, married to each other and part of a family. Gellman stated that Phil and Nancy needed to visit each other in jail to discuss the case. Gellman also noted that since their arrests in late August, Phil and Nancy had only seen each other during brief court appearances.

  Gellman claimed that Phil and Nancy had the right, like any other married suspects, to see each other and work on their cases together. And then, in what would prove to be a more contentious area, Gellman noted that she was being denied access to Jaycee Lee Dugard and her daughters. These three were going to be witnesses for the prosecution, and under law, a defense lawyer had the right to interview prosecution witnesses.

  Not only Susan Gellman was addressing the judge on this issue of spousal visits, but Stephen Tapson was as well. Tapson wrote a motion, “Notice of Motion for Order Safeguarding Prisoner’s Constitutional Rights.” In this motion, Tapson wrote, The defendant (Nancy Garrido) will move for an order directing the Sheriff of El Dorado County to allow Nancy Garrido to do the following: Allow her the right to visit with her husband Phillip Craig Garrido.

  In even more flamboyant language, Tapson wrote in support of that motion, I have prowled the bowels of the El Dorado County Jail at least 2,000 times since its opening in 1988. I believe the jail can provide visiting between two inmates without extreme budget problems or increased security risk. Tapson added that on February 10, 2010, he contacted Lieutenant Pamela Lane, the commander of the El Dorado County Jail. Tapson asked that his client, Nancy Garrido, be allowed to visit her husband, Phillip Garrido. Tapson noted that Lieutenant Lane told him emphatically but politely that could not happen, and that he would be hearing from the jail’s attorney about this.

  Tapson maintained that the denial has resulted in the inability of the defendant to effectively assist counsel in the preparation of a defense. Tapson added that the refusal was against the United States Constitution.

  Stephen Tapson’s former clients generally gave him high marks. On an independent tracking service that dealt with lawyers nationwide, Tapson received five stars out of a possible five for trustworthiness, knowledge, and keeping the client informed. One review by a former client read, “Mr. Tapson took my case on as a public defender 32 years ago. I was looking at life in prison. Paying attention to details and presenting them to the jury the way he did, he saved my life.” The client went on to write that Tapson had even delivered his closing arguments after his voice had given out. The client wrote, “He gave it his all.”

  The prosecution soon had its own document on these matters heading toward Judge Douglas Phimister’s desk, titled “People’s Opposition to Defense’s Motion to Compel Discovery,” and another document in opposition to visitation between Nancy and Phil Garrido. In the opposition for Susan Gellman to visit Jaycee Lee Dugard and her children, the prosecution argued that Phil only wanted to manipulate Jaycee some more by using his attorney as a tool.

  The prosecutors used the name “Jane Doe” in lieu of “Jaycee Dugard,” even though everyone in the world knew they were talking about Jaycee. In its document, the prosecution stated, Part of the plan created by the defendants included a hidden backyard to conceal her, giving Jane Doe the name Alyssa, requiring Jane Doe and her daughters to run to the hidden backyard if anyone ever came to the door, and a cover story if ever questioned, that the daughters were hers and she was okay with them being around Phillip Garrido. The document added that there was a plan in place that if Phillip Garrido was arrested, Jane Doe was to request an attorney. This was so that Jane Doe could communicate with Phil through the attorney.

  By that means, the prosecution contended Phil could still communicate with Jaycee secretly and plan a way to thwart justice. Jaycee might comply with his demands because she had been so brainwashed by Phil over the years.

  The prosecutors also related that it was clear that Susan Gellman was “aggressively” trying to contact Jane Doe, even though Jane Doe did not want to communicate with her. The prosecution said that Jane Doe emphatically stated that she did not want any contact with the defendants or their attorneys.

  The prosecution went on to say that Jane Doe wanted them to use “Marsy’s Law” to protect her privacy. In part, Marsy’s Law related that a person be free from intimidation, harassment and abuse, throughout the criminal or juvenile justice process. To be reasonably protected from the defendant and persons acting on behalf of the defendant.

  The prosecution called it outlandish that the defense was trying to paint Phil, Nancy, Jaycee, and the children as a “family of five.” Part of that portrait was contentions that all five had gone to the library, the zoo, and even trick-or-treating. The prosecution noted, The defense utterly fails to recognize that Jane Doe and her children were not their “family” but were in fact captives—they were victims. And the prosecution related that it was most likely because of the brainwashing that, after a point, Jaycee and the girls didn’t even realize that they were captives and victims.

  Next came a list of all the crimes that Phil Garrido had committed, and one new bit of information surfaced about his alleged kidnapping and rape of the fourteen-year-old girl in Antioch in 1972. The document stated, At that preliminary hearing, the defense attorney informed the victim that he would make her look like a slut and a whore if she testified. The victim told the District Attorney she would not testify and charges were dropped.

  Another outrageous detail about Phil came to light as well, and this concerned Katie Callaway’s contention that Phil Garrido had come to see her in Lake Tahoe after his release from prison. The document noted that on November 8, 1988, Phil was living at a halfway house in Oakland, California, after being released from federal and Nevada prisons. Instead of keeping his distance from his victim, Katie Callaway, he purposefully drove to Nevada and contacted her at her place of work in a casino. He then told Katie, “I haven’t had a drink in eleven years.” She did not think he meant “drink” in the literal sense. What she thought he meant by that phrase was that he hadn’t raped a woman in eleven years.

  Perhaps most interestingly of all, the document quoted several pages from journals that Jaycee had kept over the years while living in the secret compound. The contents of these journal pages were soon extensively quoted by the media.

  On July 16, 1993, Jaycee had written, I got a cat for my birthday from Phil and Nancy—they did something for me that no one else would do for me, they paid 200 dollars just so I could have my own kitten. By this quote, the prosecution attempted to show how manipulated Jaycee had become. Jaycee had come to believe that no one else would have done something like that for her, not even her parents.

  On September 5, 2003, Jaycee wrote
in another journal, I don’t want to hurt him (Phil). Sometimes I think my very presence hurts him. . . . So how can I ever tell him how I want to be free. Free to come and go as I please. Free to say I have a family. I will never cause him pain if it’s in my power to prevent it. FREE. She had six more years to endure before she was truly free.

  On July 5, 2004, Jaycee wrote in yet another journal, It feels like I’m sinking. I’m afraid I want to control my life. . . . This is supposed to be my life to do with what I like . . . but once again he has taken it away. How many times is he allowed to take it away from me? I am afraid he doesn’t see how the things he says makes me a prisoner. Why don’t I have control of my life! I feel I can’t even be sure my thoughts are my own.

  The document noted that even on August 26, 2009, while in the parole office in Concord, with real freedom so close at hand, Jaycee still stuck to the cover story that Phil Garrido had instructed her to use. It was only after a long period of questioning that she finally admitted that she was not Alyssa but Jaycee Lee Dugard.

  The document also related that on January 28, 2010, Susan Gellman sent a letter to Jaycee’s counsel. In part, Gellman wrote, Mr. Garrido has asked me to convey that he does not harbor any ill will toward Jane Doe or the children and loves them very much. Jaycee told someone in her camp of protectors that this mention of no ill will was just Phil trying to manipulate her again. Jaycee told that person, “I’m not following the plan.” Then she said that if he was ever arrested, she was supposed to try and keep in touch with him through attorneys. The prosecution stated, Defendant Garrido’s control over Jane Doe was well-planned and powerful. He is still attempting to exert that control. It is time for the Court to put an end to those attempts to manipulate and control his victims and the court system.