Kidnapping of Jaycee Lee Dugard

Kidnapping of Jaycee Lee Dugard
Location Abduction: South Lake Tahoe, California, United States
Confinement: 1554 Walnut Avenue (unincorporated Antioch, California)
Date June 10, 1991 (1991-06-10)–August 26, 2009 (2009-08-26)
Attack type
Kidnapping, false imprisonment, rape
Victim Jaycee Lee Dugard
Assailants Phillip and Nancy Garrido

The kidnapping of Jaycee Lee Dugard occurred on June 10, 1991, in South Lake Tahoe, California. Dugard was 11 years old at the time and was abducted from a street while she was walking from home to a school bus stop. Searches began immediately after Dugard's disappearance, but no reliable leads were generated. Dugard later remained missing up until 2009, when a convicted sex offender, Phillip Garrido, visited the campus of UC Berkeley accompanied by two girls on August 24 and 25 that same year. Their unusual behavior sparked an investigation that led Garrido's parole officer to order him to bring the girls to a parole office on August 26, accompanied by a young woman who was successfully identified as Dugard herself.

Phillip Garrido, 58, and his wife Nancy, 54, of Antioch, California, were arrested by police for kidnapping and other charges. On April 28, 2011, they pleaded guilty to Dugard's kidnapping and sexual assault. Law enforcement officers believe Dugard was kept in a concealed area behind the Garridos' house in Antioch for almost 18 years. During this time, Dugard bore two daughters who were ages 11 and 15 at the time of her reappearance. On June 2, 2011, Phillip Garrido was sentenced to 431 years imprisonment; his wife, Nancy, also received 36 years to life.[1]

Background of kidnappers

Phillip Craig Garrido

Booking photo
Born (1951-04-05) April 5, 1951
Contra Costa County
California
Occupation Printer and self-styled evangelist
Criminal charge Kidnapping, rape, false imprisonment[2][3]
Criminal status Sentenced to 431 years up to lifetime
Nancy Garrido

Booking photo
Born Nancy Bocanegra[4]
(1955-07-18) July 18, 1955
Seguin, Texas
Occupation Nursing aide
Physical therapy aide[5]
Criminal charge Kidnapping, rape, false imprisonment[2][3]
Criminal status Sentenced 36 years to life

Phillip Garrido was born in Contra Costa County, on April 5, 1951.[6] He grew up in Brentwood, where he graduated from high school in 1969. His father, Manuel Garrido, who resides in Brentwood, said his son was a "good boy" as a child but radically changed after a serious motorcycle accident as a teenager; he later turned to drug use (primarily crystal meth).[7] In 1972, Garrido was arrested and charged with sexually assaulting a 14-year-old girl, but the case did not go to trial after the girl declined to testify.[8][9]

In 1973, Garrido married high school classmate Christine Murphy, who said Garrido was abusive. Murphy alleged that Garrido kidnapped her when she tried to leave him.[10]

In 1976, Garrido kidnapped Katherine Callaway in South Lake Tahoe, California. He took her to a Reno, Nevada warehouse, where he raped her for five and a half hours. When a police officer noticed the car parked outside the unit and then the broken lock on the warehouse door, he knocked on the door and was greeted by Garrido. Callaway then emerged and asked for help. Garrido was promptly arrested.[11] He was charged and convicted of crimes in both federal and state courts.[11][12] In a 1976 court-ordered psychiatric evaluation, Garrido was diagnosed as a "sexual deviant and chronic drug abuser."[13] The psychiatrist recommended that a neurological examination be conducted because Garrido's chronic drug use could be "responsible in part" for his "mixed" or "multiple" sexual deviation. Garrido was then evaluated by a neurologist. The diagnostic impression was: "normal neurological examination."[14] In court, Garrido testified that he masturbated in his car by the side of grammar and high schools while watching girls. Garrido was convicted on March 9, 1977 and began serving a 50-year federal sentence on June 30, 1977, at Leavenworth Penitentiary in Kansas.[12][15]

At Leavenworth, Garrido met Nancy Bocanegra, who was visiting another prisoner, her uncle. On October 5, 1981, Garrido and Bocanegra were married at Leavenworth. On January 22, 1988, Garrido was released from Leavenworth to Nevada State Prison, where he served seven months of a five-years-to-life Nevada sentence. He was transferred to federal parole authorities in Contra Costa on August 26, 1988.[12] In Antioch, the Garridos lived in the home of his elderly mother, who suffered from dementia. As a parolee, he was monitored, later wore a GPS-enabled ankle bracelet, and was visited many times by parole officers, local sheriff's deputies and federal agents.[16]

Abduction and search effort

In September 1990, Jaycee Dugard and her family moved from the Los Angeles County city of Arcadia, to a rural area south of Lake Tahoe, because they thought it was a safe community. At the time of the abduction, Dugard was in the fifth grade and, because of her shyness, was worrying about an upcoming field trip. She was close to her mother, Terry Probyn, and infant sister. Her biological father had left the family. Although her mother had remarried, Dugard was not close to her stepfather, Carl Probyn. On June 10, 1991, Dugard's mother, who worked as a typesetter at a print house, left for work early in the day. Dugard, wearing her favorite all-pink outfit, walked up the hill from her house to catch the school bus, walking against traffic. When she was halfway up the hill, a car approached her. She thought the man in the car would ask for directions. When he rolled down the window, Phillip Garrido shocked her unconscious with a stun gun and abducted her. Nancy Garrido, who the District Attorney in the Dugard case believes scouted Dugard as a prize for her husband, held Dugard down in the car as she drifted in and out of consciousness during the drive to the Garrido home in Antioch, two hours from Dugard's home. The only time Dugard spoke was when she pleaded that her parents could not afford a ransom.[17][18]

Carl Probyn witnessed the abduction of his stepdaughter from within sight of their home. He saw two people in a gray sedan (possibly a Mercury Monarch or Mercury Zephyr) make a U-turn at the school bus stop where Dugard was waiting, and a woman forced Dugard into the car. Probyn gave chase on a bicycle, but he was unable to overtake the vehicle. Some of Dugard's classmates were also witnesses to the abduction. Initial suspects included Probyn and Ken Slayton, Dugard's biological father. Probyn took and passed several polygraph tests, and Slayton was also quickly cleared of suspicion.[19]

By the time the Garridos arrived at their home in an unincorporated area in Contra Costa County,[20] they had removed Dugard's clothing, leaving only a butterfly-shaped ring that she hid from them for the next 18 years. Taking her from their car onto their property, Phillip Garrido placed a blanket over Dugard's head and ushered her into an area of his backyard where sheds and storage units stood, placing her inside a tiny one that was soundproofed. He left her naked in the structure, which he bolted shut, warning her that Doberman Pinschers were outside and trained to attack her if she tried to escape.[17] Garrido would visit her in the structure, bringing her food and milkshakes and just talking to her. Approximately a week after her abduction she was raped for the first time. Within hours of Dugard's disappearance, local and national media converged upon South Lake Tahoe to cover the story. Within days, dozens of local volunteers assisted in the search effort, which involved nearly every resource within the community. Within weeks, tens of thousands of fliers and posters were mailed to businesses throughout the United States. Since her favorite color was pink, the town was blanketed in pink ribbons as a constant reminder of her disappearance and a demonstrated support for the family throughout the community.[17][21][22]

Terry Probyn founded a group called Jaycee's Hope, which directed the volunteer and fundraising effort. Cassette tapes of the song "Jaycee Lee" along with T-shirts, sweatshirts and buttons were sold to raise money for poster materials, postage, printing and related expenses. Child Quest International and the National Center for Missing & Exploited Children were involved in the effort. A reward was offered, which was displayed on the posters and fliers. The kidnapping case attracted nationwide attention and was featured on the June 14, 1991 episode of the television show America's Most Wanted.[23]

The ensuing months and years were a continuous effort of child safety awareness, fundraising events and candlelight vigils marking Dugard's disappearance and keeping her story before the public.[24]

Captivity

Immediately after he kidnapped her, Phillip Garrido forced Dugard into a shower with him. The first time he raped her, she was still in handcuffs, in which she remained during her first week in captivity. During that time, Dugard's only human contact was Garrido, who sometimes brought her fast food and sometimes told her amusing stories. Garrido provided Dugard with a bucket for her to relieve herself. At one point he provided her with a TV, but she could not see the news and was unaware of the publicized search for her. Almost a month and a half after her kidnapping, by Dugard's recollection, Garrido moved her to a larger room next door, where she was handcuffed to the bed. He explained that the "demon angels" let him take her and that she would help him with his sexual problems because society had ignored him. Garrido went on methamphetamine binges he called "runs", during which he would dress Dugard up and spend time with her cutting out figures from pornographic magazines. He made her listen for the voices he said he could hear from the walls. Garrido also often professed his belief that he was a chosen servant of God. These binges ended with Garrido sobbing and apologizing to Dugard then alternately threatening to sell her to people who would put her in a cage.[17]

Seven months into her captivity, Garrido introduced Dugard to his wife, Nancy, who brought the child a stuffed animal and chocolate milk, and engaged in the same tearful apologies to Dugard. Though Dugard craved the woman's approval at the time, in retrospect she has stated that this was manipulation on the part of Nancy, who alternated motherly concern with coldness and cruelty, and who expressed jealousy over Dugard, whom Nancy Garrido regarded as the one at fault for her predicament. Dugard characterizes Nancy, who worked as a nursing home aide, as "evil" and "twisted." When Phillip Garrido returned to prison for failing a drug test, Nancy Garrido replaced her husband as Dugard's jailer. The Garridos further manipulated Dugard by presenting her, on two occasions, with kittens that would later "mysteriously vanish." When they discovered her signing her real name in a journal that Dugard kept on the kittens, she was forced to tear out the portion of the paper with her name, the last time she would be permitted to say or write her name until years later.[17]

Pregnancy and children

Thirty-four months into her captivity, the Garridos began to allow Jaycee freedom from her handcuffs for periods, though they kept her locked in the bolted room. On April 3, 1994, Easter Sunday, they gave her cooked food for the first time. They informed her that they believed she was pregnant. Age 13 and four-and-a-half months pregnant, Dugard had learned of the link between sex and pregnancy from television.[17][25][26][27] At this time, Terry Probyn was holding rummage sales to pay for private investigators and distributing a million flyers across the United States featuring a sketch artist's image of a teenage Dugard, while raising her younger daughter, Shayna.[28] Dugard watched programs on childbirth, in preparation for the birth of her first daughter, which occurred on August 18, 1994. Her second daughter was born on November 13, 1997.[17][25][26][27] Dugard took care of her daughters using information learned from television, working to protect them from Phillip Garrido, who continued his enraged rants and lectures.[17]

A neighbor of the Garridos' named Patrick McQuaid said he recalls, as a child, meeting Dugard through a fence in the Garridos' yard soon after the kidnapping. He said that she had identified herself by the name "Jaycee" and that when he asked her if she lived there or was just visiting, she answered that she lived there. At that point Phillip Garrido came out and took her back indoors. Garrido eventually built an eight-foot-tall fence around the backyard and set up a tent for Dugard, the first time she was allowed to walk outside since her kidnapping.[17][29] She coped with her continued captivity by planting flowers in a garden and home-schooling her daughters. At one point, Phillip Garrido informed Dugard that to pacify his wife, Dugard and her daughters would address Nancy as their mother, and Dugard would teach her daughters that she was their older sister.[17] When Dugard and her daughters were eventually allowed to come into contact with other people, they upheld this fiction.[30]

Garrido operated a print shop where Dugard acted as the graphics artist. Ben Daughdrill, a customer of Garrido's printing business, claimed he met and spoke by telephone with Dugard and that she did excellent work. During this time, Dugard had access to the business phone and an email account. One customer of the printing business indicated she never hinted to him about her childhood abduction or true identity.[31]

Garrido kept a blog associated with what he called "God's Desire Church." In the blog Garrido said he had the power to control sound with his mind. Garrido asked several people, including customers, to sign testimonials confirming that they witnessed his ability to "control sound with my mind" and a device he developed "for others to witness this phenomena [sic]."[32][33]

Law enforcement officers believe that when they became involved in 2009, Dugard's living quarters were in a secondary backyard behind Phillip Garrido's house. The private area of the yard included sheds (one of which was soundproofed and used as a recording studio in which Garrido recorded himself singing religious-themed and romantic country songs),[17] two tents, and what has been described as a camping-style shower and toilet. The area was surrounded by tall trees and a 6-foot (1.8 m) high fence. An entrance to the secondary backyard was covered by trees and a tarpaulin. Privacy was enhanced by tents and outbuildings,[34] and also housed a car that matched the description of the one used in the abduction. Electricity was supplied by extension cords.[35] Law enforcement officers visited the residence at least twice, did not request to inspect the back yard,[34] and did not detect Dugard or her children in the areas of the property that they did inspect.[36] Witnesses interviewed stated Jaycee Dugard was seen in the house and sometimes answered the front door to talk to people, but never stated a problem or attempted to leave.[37] While the family kept to themselves, the girls were sometimes seen playing in the backyard or as passengers in Garrido's car.[38]

Dugard's aunt, Tina Dugard, and a former business associate of the Garridos', Cheyvonne Molino, have commented that Dugard's children looked healthy. Tina Dugard said that upon her meeting them after their reappearance, they "always appeared and behaved like normal kids". Molino said of the times she met them while they were captive "that in her presence the girls never acted robotically" and didn't wear unusual clothing.[39][40]

Missed opportunities to rescue Dugard

Reappearance

Jaycee Dugard
Born Jaycee Lee Dugard
(1980-05-03) May 3, 1980
Arcadia, California
Nationality American
Home town Minden, Nevada
Children Two, born 1994 and 1997

On August 24, 2009, Garrido visited the San Francisco office of the Federal Bureau of Investigation (FBI) and left a four-page essay containing his ideas about religion and sexuality, suggesting he had discovered a solution to problem behaviors like his past crimes. The essay described how he had cured his criminal sexual behaviors and how that information could be used to assist in curing other sexual predators by "controlling human impulses that drive humans to commit dysfunctional acts."[46] On the same day, Phillip Garrido went to a University of California, Berkeley police office with his two daughters, seeking permission to hold a special event on campus as a part of his "God's Desire" program. He spoke with U.C. Berkeley special events manager Lisa Campbell. She perceived his behavior as "erratic" and the girls to be "sullen and submissive." She asked him to make an appointment for the next day, which he did, leaving his name in the process. Officer Ally Jacobs discovered through a background check on Garrido that he was a registered sex offender on federal parole for kidnapping and rape. When Garrido and the two girls returned for their appointment at 2pm the following day, August 25, Jacobs made a point of sitting in during the meeting. The girls appeared to Jacobs to be pale, as if having not been exposed to sunlight, and their behavior unusual. Despite having multiple parole violations and basis for an arrest, Jacobs phoned the parole office to relay her concerns, leaving a report of the meeting on voicemail.[45][47][48][49][50][51]

After hearing Jacobs' recorded message, two parole agents drove to Garrido's house later that day. Upon arrival, they handcuffed him and searched the house, finding only his wife Nancy and his elderly mother at home. Then the parole agents drove Garrido back to the parole office. En route, Garrido said that the girls who had accompanied him to UC Berkeley "were the daughters of a relative, and he had permission from their parents to take them to the university." Although the parole office had barred Garrido from being around minors a month before, and although Berkeley was 40 miles from Garrido's Contra Costa residence, 15 miles in excess of the 25-mile limit from his home where he was allowed to travel without permission from his parole agent, the agents overlooked this violation. After reviewing his file with a supervisor, they drove him home and ordered him to report back to the office again the next day to further discuss his visit to UC Berkeley and follow up on their concerns about the two girls.[45]

Garrido arrived at the parole office in Concord, California on August 26 with his wife, Nancy, the two girls and Jaycee Lee Dugard, who was introduced as "Allissa".[52][53] The parole officer decided to separate Garrido from the women and girls to obtain their identification.[54]

Dugard, maintaining her false identity as "Allissa", told investigators that the girls were her daughters. Although she indicated that she was aware that Garrido was a convicted sex offender, she stated that he was a "changed man", a "great person" and was "good with her kids",[54][55] comments that were echoed by the two girls. When pressed for details that would confirm her identity, Dugard became "extremely defensive" and "agitated", demanding to know why she was being "interrogated", and subsequently stated that she was a battered wife from Minnesota who was in hiding from her abusive husband. The parole officer eventually called the Concord police. Upon the arrival of a police sergeant, Garrido admitted he had kidnapped and raped her. Only after this did Dugard identify herself as Jaycee Dugard. It was later suggested that Dugard was beginning to show signs of Stockholm Syndrome during her questioning.[54][55]

Garrido and his wife were placed under arrest. An FBI Special Agent put Dugard on the telephone with her mother, Terry Probyn. Dugard retained custody of her children and was soon reunited with her mother.[56][57][58]

Aftermath

Reunion and afterward

Dugard's memoir, A Stolen Life

In the days following Dugard's return, Carl Probyn, her stepfather, confirmed that she and her daughters were in good health and intelligent; their reunion was going well; and they were proceeding slowly. He said his stepdaughter had developed a significant emotional bond with Phillip Garrido, and the two daughters Jaycee bore to Garrido cried when they learned of their father's arrest. Jaycee Dugard's aunt, Tina Dugard, said about Jaycee's daughters: "They are clever, articulate, curious girls who have a bright future ahead of them."[59][60][61] Ernie Allen, president of the National Center for Missing and Exploited Children, said Dugard's reappearance is an important event for families of other long-term missing children, because it shows that there is hope even in long-term cases. Notable abduction survivor Elizabeth Smart has stressed the importance of focusing on the future with a positive attitude as an effective approach to accepting what has happened.[62][63][64] Shawn Hornbeck, another abduction survivor, also commented on the case.[65]

Three weeks after her release, Jaycee Dugard made a request to gain control of the pets that were raised in the home where she was held captive.[66] On October 14, 2009, People published on its cover the first verified photo of Jaycee Dugard as an adult. Her mother, Terry Probyn, was reported in 2009 to have planned with Broadway Books to publish a book, originally set for release in 2010, detailing Dugard's decades-long absence and return.[67] Dugard's memoir, A Stolen Life, was published on July 12, 2011, by Simon & Schuster.

Police investigations

Following the arrest, police extensively searched the Garrido house for evidence of other crimes. Because Phillip Garrido had access to his neighbor's house, it was also searched for evidence.[68][69] Police also searched the homes and business of one of Phillip Garrido's printing business clients.[70] Police agencies from Hayward, California, and Dublin, California, conducted searches of the Garridos' property for evidence pertaining to missing girls from those communities. The results of the search turned up no clues to the disappearances of the girls.[71] In July 2011 Hayward police announced that Garrido has not been eliminated as a suspect and is still a person of interest in the case of Michaela Garecht.[72]

Phillip Garrido's statements

On August 27, 2009, KCRA-TV in Sacramento, California interviewed Garrido in his jail cell by telephone. During the interview Garrido said, "In the end, this is going to be a powerful, heartwarming story"[73] because, in his version of events:

My life has been straightened out. … Wait till you hear the story of what took place at this house. You're going to be absolutely impressed. It's a disgusting thing that took place with me at the beginning, but I turned my life completely around[73]
Investigators at the Garridos' Contra Costa home

Garrido repeatedly told the reporter how he "filed documents" with the FBI on August 24, 2009, which, when they were published, would cause people to "fall over backwards" and that he could not reveal more because he "had to protect law enforcement" and "what happened" […] was "something that humans have not understood well." In the interview Garrido denied he had ever harmed Dugard's two daughters. He said their births changed his life and "they slept in my arms every single night since birth. I never touched them." On August 28, 2009, FBI spokesman Joseph Schadler confirmed that Garrido had indeed left the documents with the agency, as he had claimed, but declined to discuss further details.[73] The document, titled Origin of Schizophrenia Revealed, was eventually released by the FBI. It is about stopping schizophrenics from turning violent and controlling sounds with the human mind.[74]

Legal proceedings

On August 28, 2009, Garrido and his wife pleaded not guilty to charges including kidnapping, rape and false imprisonment. The case was prosecuted in El Dorado County, by elected District Attorney Vern R Pierson and Assisant District Attorney James A Clinchard. A bail review/pre-preliminary hearing was held September 14, 2009, at the El Dorado County Superior Court in Placerville, California.[75] At the hearing, Superior Court Judge Douglas Phimister set bail for Phillip Garrido at $30 million. However, there was a no-bail parole hold on Garrido. The judge kept Nancy Garrido in custody on a no-bail hold but able to request bail at a later date.[76][77] At the September 14 hearing, Phimister also granted a request from Phillip Garrido's attorney to have a psychologist or psychiatrist appointed to conduct a confidential evaluation of Garrido. Such examinations can be used by the defense to assist in case preparation, and additional mental health examinations can be ordered at subsequent phases in the proceedings.[78] On October 29, 2009, a short hearing was held to set a date for the next pre-preliminary hearing when issues such as discovery were to be discussed. This hearing occurred on December 11, 2009. Katie Callaway Hall, whom Phillip Garrido kidnapped and raped in 1976, appeared in the courtroom in the October and December hearings. She did not speak in either proceeding.[79][80]

On November 5, 2009, Phimister ordered Nancy Garrido's defense attorney, Gilbert Maines, to be removed from the case. According to a posting on the court's website,[81] the decision occurred in review of "confidential evidence" that has not been disclosed to the public, and details of the proceedings were kept sealed. The decision was immediately stayed until November 30, 2009.[82] On November 12, 2009, Phimister appointed Stephen A. Tapson as interim counsel for Nancy Garrido.[83] Gilbert Maines appealed the decision and was given a favorable ruling by the California Third District Court of Appeal on December 15, 2009.[84] On December 22, 2009, the same court gave the Eldorado Superior Court until January 2010 to respond to the ruling.[85] Both Gilbert Maines and Stephen Tapson appeared at the discovery hearing on December 11, 2009.[80] A hearing was held on January 21, 2010. At that hearing, Maines was removed from the case and Tapson was appointed defense counsel for Nancy Garrido. In addition, bail in the amount of $20 million was set for Nancy Garrido.[86]

At a press conference on February 28, 2011, Tapson said that Mr. and Mrs. Garrido had both made a 'full confession' in the case. The development came as lawyers for both sides re-opened discussions on a possible plea deal that had the potential to obviate the need for a trial. Mrs. Garrido's attorney acknowledged that she was facing "241 years, eight months to life" and that he was working for a reduced sentence in the 30-year range. He stated that the prosecutor had acknowledged that Mr. Garrido was a master manipulator and that Mrs. Garrido was under both his influence and that of substances during the period of Dugard's kidnapping, so should receive some consideration while alluding to parallels with Patty Hearst and Stockholm syndrome.[87]

On Thursday, April 7, 2011, Phillip and Nancy Garrido, instead of pleading guilty (as had been expected based on the previous statements) pleaded not guilty to charges of kidnapping and raping Dugard, as well as other charges, in an amended Grand Jury indictment. Phillip Garrido's attorney, public defender Susan Gellman, alleged that the grand jury might have been improperly selected and might have acted improperly. Gellman did not elaborate on her claim in the courtroom, but said outside that she had questions about the racial and geographic makeup of the grand jury that originally indicted the Garridos in September 2010. Judge Phimister noted that there were issues about the process itself before the grand jury, and also stated that the court would consider whether the grand jury acted appropriately. These developments were largely unforeseen by attorney Stephen Tapson, who represented Nancy Garrido; Tapson had said earlier that week that Phillip Garrido had made a deal with prosecutors to plead guilty and spend the rest of his life in prison. Gellman was upset with Tapson for telling reporters that her client had planned to plead guilty, saying that Tapson should speak about only his own client, Nancy Garrido. Tapson said he found out about Gellman's plans only late on April 6. Neither attorney would elaborate further on the specific concerns about the grand jury. El Dorado, California District Attorney Vern Pierson said he did not think the complaints about the grand jury would ultimately derail the case against the Garridos.[88]

On April 28, 2011, the Garridos pleaded guilty to kidnapping and rape.[89] On June 2, 2011, Phillip Garrido was sentenced to 431 years imprisonment. Nancy Garrido received 36 years to life.[1] Phillip Garrido is serving his sentence at California State Prison, Corcoran while Nancy Garrido is incarcerated at Chowchilla, a Central California Women's Facility.[90] Dugard, who did not attend the sentencing, had sent a written statement that was read aloud in court:

I chose not to be here today because I refuse to waste another second of my life in your presence. I've chosen to have my mom read this for me. Phillip Garrido, you are wrong. I could never say that to you before, but I have the freedom now and I am saying you are a liar and all of your so-called theories are wrong. Everything you have ever done to me has been wrong and someday I hope you can see that. What you and Nancy did was reprehensible. You always justified everything to suit yourself but the reality is and always has been that to make someone else suffer for your inability to control yourself and for you, Nancy, to facilitate his behavior and trick young girls for his pleasure is evil. There is no God in the universe that would condone your actions. To you, Phillip, I say that I have always been a thing for your own amusement. I hated every second of every day of 18 years because of you and the sexual perversion you forced on me. To you, Nancy, I have nothing to say. Both of you can save your apologies and empty words. For all the crimes you have both committed I hope you have as many sleepless nights as I did. Yes, as I think of all of those years I am angry because you stole my life and that of my family. Thankfully I am doing well now and no longer live in a nightmare. I have wonderful friends and family around me. Something you can never take from me again. You do not matter any more.
Jaycee Lee Dugard, June 2, 2011

Settlement with the State of California

In July 2010, the State of California approved a US$20 million settlement with Jaycee Dugard, to compensate her for "various lapses by the Corrections Department [which contributed to] Dugard's continued captivity, ongoing sexual assault and mental and/or physical abuse." The settlement, part of AB1714, was approved by the California State Assembly by a 70 to 2 vote, and by the California State Senate by a 30 to 1 vote. San Francisco County Superior Court Judge Daniel Weinstein, who mediated the settlement, stated that the settlement was reached to avoid a lawsuit which would be a "greater invasion of privacy and greater publicity for the state."[91] The bill was signed by California Governor Arnold Schwarzenegger on July 9.[92][93]

Lawsuit against the United States

On September 22, 2011, Dugard filed suit in United States District Court for the Northern District of California accusing the United States of failing to monitor Garrido when he was a federal parolee.[94]

Tuesday March 15, 2016, the appeals Court rejected the lawsuit by Dugard  the federal government cannot be held responsible for Dugard's 1991 abduction and subsequent 18 years in captivity.

The 9th U.S. Circuit Court of Appeals rejected Dugard's lawsuit alleging federal parole officials should have revoked her abductor's parole well before he kidnapped her, but failed to do their jobs.

Phillip Garrido was on parole following his conviction on kidnapping and forcible rape charges when he and his wife Nancy abducted 11-year-old Jaycee from a California street and kept her captive in a backyard compound.

The appeals court said in a 2-1 decision that Dugard had not been victimized by Garrido at the time he was placed under federal parole supervision, and there was no way to anticipate she would become his victim. As a result, federal authorities in California had no duty to protect her or other members of the general public from him, the court said. The decision upheld a lower court ruling.

Dugard alleged in her lawsuit against the federal government that parole officials should have returned Garrido to prison for any number of parole violations that preceded her abduction, including testing positive for drugs and alcohol.

In a dissenting opinion, Chief District Court Judge William Smith said the majority had improperly analyzed Dugard's case, and there was good reason to hold the government liable.[95]

In media

See also

References

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  2. 1 2 "The People of the State of California vs. Phillip Greg Garrido, Nancy Garrido" (PDF). The Sacramento Bee. Superior Court of the State of California in and for the County of El Dorado. Retrieved October 24, 2013.
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