Judge: Phillip Garrido competent for trial

PLACERVILLE, Calif. - A California judge ruled Thurs-day that a man accused of kidnapping and holding Jaycee Dugard captive for 18 years is competent to stand trial.

Phillip Garrido's lawyer had argued last fall that he was not competent to stand trial along with his wife on 18 counts each of kidnapping, lewd acts on a child, rape and false imprisonment.

A jury had been set to hear arguments on the competency issue, but both sides said in court they agreed instead to let the judge decide the matter.

El Dorado County Superior Court Judge Douglas Phimister quickly issued his ruling, based on psychiatric reports.

Garrido, a convicted rapist, and his wife, Nancy Garrido, are accused of abducting Dugard from a South Lake Tahoe bus stop in 1991 when she was 11.

Nancy Garrido has pleaded not guilty.

In addition to the 18 counts, the Garridos each face eight special allegations, including kidnapping for sexual purposes and victimizing a stranger. Phillip Garrido faces five additional special allegations related to his prior record as a sex offender from a 1977 rape conviction.

The special allegations could lead to tougher sentences if the Garridos are convicted.

Phillip Garrido's lawyer, Deputy Public Defender Susan Gellman, said concerns she raised in September about her client's ability to participate in his defense had been mostly resolved.

Gellman said both psychiatrists who issued reports on Phillip Garrido agreed that he was mentally ill but competent to stand trial. Gellman agreed with their assessments, adding that her client was currently participating in his defense.

"But competency is a fluid thing, so I would be concerned to push this (case) out too far," she said.

District Attorney Vern Pierson said the agreement between the prosecution and defense to cancel Garrido's competency hearing before a jury would allow the case to be resolved more quickly, perhaps by the end of summer.

That would be two years after Dugard resurfaced along with her two daughters fathered by Garrido.

"She is in pretty good spirits about everything, and certainly supports and is cooperating with everything that is going on," Pierson said of Dugard.

A trial date was not immediately set. Garrido is due back in court Feb. 28 to enter a plea.

Pierson would not say if Dugard wants to testify at the trial or whether his office is likely to offer a plea deal that would avert the need for one.

Both Gellman and Nancy Garrido's defense lawyer, Stephen Tapson, said their clients want to spare Dugard and her daughters from having to take the stand.