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Charles Montaldo

Jaycee Dugard Suspects Can Talk, Judge Rules

By , About.com GuideFebruary 28, 2010

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A California judge has ruled that a couple accused of the kidnapping of Jaycee Dugard and holding her captive for 18 years can talk with each other while awaiting trial. Prosecutors and jail officials had opposed the request by attorneys for Phillip and Nancy Garrido.

The two will be able to talk during two five-minute telephone calls, the judge ruled.

Lawyers for the Garridos argues that the couple had a constitutional right to talk about their case, their finances and their "hopes for Dugard and her two daughters."

Request Not Unreasonable, Judge Says

Prosecutors and El Dorado County jail officials strongly opposed the request. Jail officials said the visits would overburden the jail staff.

But Judge Douglas C. Phimister rebuked the jail officials' statement, saying they regularly arrange for such calls and visits "when it is to our advantage."

"These are two people who are potentially facing the rest of their lives in prison," he said. "To allow them 10 minutes to talk to each other is not unreasonable."

Also at last week's hearing, Judge Phimister appointed attorneys for both of Jaycee's daughters, because defense attorneys want to interview them about statement they made after they were rescued.

Reserving the Right to Sue

In the meantime, Jaycee Dugard's attorneys have reserved her right to seek damages from the state of California by filing claim forms with the Department of Corrections.

"We are simply preserving Jaycee Dugard's right to file a lawsuit at a later date, if that is something she decides is in her family's best interest," attorney Nancy Seltzer said.

Jaycee Dugard was 11 years old when she was abducted while waiting for a school bus in South Lake Tahoe. The Garridos are accused of raping her and confining her and the daughters she gave birth to when she was 14 and 17 to a hidden behind their home.

During the entire time of Jaycee's captivity, Joseph Garrido was supposed to be under supervised parole or probation.

See Also:
Judge: Dugard Suspects Can Talk to Each Other

What's Your Opinion?
Discuss The Jaycee Lee Dugard Case

More Information:
Missing: Jaycee Lee Dugard

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