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Garridos Indicted, To Be Arraigned Friday

Phillip and Nancy Garrido have been indicted in the kidnapping case of Jaycee Dugard and will be arraigned Friday on the charges, sources confirmed to KCRA 3.
/ Source: KCRA.com

KCRA.com

Phillip and Nancy Garrido have been indicted in the kidnapping case of Jaycee Dugard and will be arraigned Friday on the charges, sources confirmed to KCRA 3.

Though the specific details of the indictment are unknown, sources told KCRA 3 the couple will be arraigned together.

The Garridos have been in custody for more than a year, charged in the kidnapping and rape of Dugard. She was taken from her home near Lake Tahoe in 1991, only to surface 18 years later in the Bay Area with her two children.

Investigators have alleged that Dugard and two children -- allegedly fathered by Phillip Garrido -- lived for years in the Garridos' backyard shed, under a tarp and undetected by the outside world.

Grand jury proceedings, by law, are secret. Neither the grand jury nor the district attorney's office would confirm or deny an indictment when KCRA 3 first reported about it Sept. 22. Grand jury indictments are sealed and not a matter of public record.

John Myers, a Pacific McGeorge School of Law, speculated that the district attorney would convene a grand jury to avoid a preliminary hearing.

"It may be, if the same charges are contained in the indictment (that are in the criminal complaint), there will be no preliminary hearing, which would mean Jaycee and her kids would not have to testify at all," he said.

Myers said "it's hard to see how they could do that (grand jury) without her testifying."

Myers says grand jury transcripts are by law available to the public 10 days after the indictment is delivered to the defense. That may be the public's first look at what Dugard has to say about the crimes the Garridos allegedly committed against her. A judge may choose to seal the transcript.

Court proceedings for kidnapping suspect Phillip Garrido were suspended Friday after his defense attorney said she doubts her client's mental competency to stand trial.

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