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Attorney: Garrido stopped having sex with Jaycee Dugard 12 years ago

11:41 AM, Feb 5, 2010   |    comments
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PLACERVILLE, CA - Accused kidnapper Phillip Garrido stopped having sex with Jaycee Dugard 12 years before his arrest, according to Garrido's attorney.

Deputy Public Defender Susan Gellman made the claim in a motion filed Thursday seeking a court order to allow Phillip and Nancy Garrido to visit each other in jail.  Gellman said the Garridos need to make family decisions together involving the two children he fathered with Dugard.

Gellman cited documents from the El Dorado County District Attorney's Office obtained during the discovery process.  In a sworn declaration, Gellman said, "it is clear that, according to Jane Doe (Dugard), sometime around the birth of the second child, there ceased to be any further sexual activity."

According to birth certificates filed in Contra Costa County following Garrido's arrest, Dugard's two daughters were born in 1994 and 1997 at the home in Antioch where Dugard was kept since her kidnapping in 1991.

Gellman said the district attorney's documents indicate Dugard and other witnesses made statements to investigators that Dugard, her two children, and Phillip and Nancy Garrido acted as a family in recent years.

"They took vacations together; they went to the library together; they ran a family business together  . . .  they had special names for each other  . . .  all this ended the day that Phillip and Nancy Garrdido were arrested," Gellman wrote. 

"Mr. Garrido now seeks to visit his wife in the county jail where they both await trial," Gellman wrote.  "While the underlying accusations are serious, troubling and sad, there can be no doubt that Mr. and Mrs. Garrido acted as parents to two children and raised them for many years and that the decisions they make regarding their course of action in this case will affect those children for many years to come."

In a separate motion filed Friday, Gellman is seeking a court order compelling the district attorney's office to provide Dugard's current address.  Gellman said prosecutors have instead directed her to Dugard's attorney and spokesman, former U.S. Attorney McGregor Scott.  Gellman said Scott told her Dugard was not interested in speaking to defense attorneys.

Gellman is also asking Judge Douglas Phimister to order the district attorney's office to hand over video of interviews done with Dugard and her two daughters.  Gellman said prosecutors have provided the defense with transcripts of the interviews, but that she wants to actual video.

by George Warren, GWarren@news10.net 

News10/KXTV

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