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District Attorney Vern Pierson said the agreement to cancel Garrido's competency hearing before a jury would allow the case to be resolved more quickly, perhaps by the end of summer.
Judge seals documents he used to make ruling
"She is in pretty good spirits about everything, and certainly supports and is cooperating with everything that is going on," Pierson said of Dugard.
In addition to the 18 counts, the Garridos each face eight special allegations, including kidnapping for sexual purposes and victimizing Converse All Star Black Leather Hi
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.
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.
Criminal proceedings against Garrido, a convicted rapist, had been suspended since then so a jury could hear arguments next month on the competency issue. Converse All Star Chuck Taylor All Black Hi Top Leather
Garrido mentally capable for trial in Dugard kidnapping case
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.
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.
Nancy Garrido has pleaded not guilty to the charges.
Phillip Garrido is seen with his attorney, Susan Gellman, during Converse All Star White Womens Size 6
Dugard and the girls surfaced in August 2009 at the office of Phillip Garrido's parole agent after police at the University of California, Berkeley notified the agent that Garrido had been acting strangely on the campus with the children.
A trial date was not immediately set. Garrido is due back in court Feb. 28 to enter a plea.
Phillip Garrido's lawyer had expressed doubts last fall about his mental fitness to stand trial along with his wife on 18 counts each of kidnapping, lewd acts on a child, rape and false imprisonment, among other charges.
But prosecutors and the defense said in court Thursday they agreed instead to let the judge decide the matter.
That would be two years after Dugard resurfaced along with her two daughters fathered by Garrido.
El Dorado County, Calif., Superior Court Judge Douglas Phimister quickly issued his ruling, based on two psychiatric evaluations, a sworn statement from Garrido's lawyer and the report of a county investigator.
The judge sealed all the documents, saying the contents could compromise Garrido's ability to use an insanity defense down the road if the records became public.
"But competency is a fluid thing, so I would be concerned to push this (case) out too far," she said.
a court appearance at the El Dorado Superior Court in Placerville, Calif., on Thursday, Oct. 29, 2009. Garrido and his wife, Nancy, are facing charges on the 1991 kidnap and rape of Jaycee Lee Dugard.(Photo: Rich Pedroncelli/AP)PLACERVILLE, Calif. A California judge ruled Thursday that a man charged with kidnapping Jaycee Lee Dugard and holding her captive for 18 years is competent to stand trial.
Garrido, 59, and his wife, Nancy Garrido, 55, are accused of Converse All Star Ox Black Monochrome abducting Dugard from a South Lake Tahoe bus stop in 1991 when she was 11.
The special allegations could lead to tougher sentences if the Garridos are convicted.
a stranger. Phillip Garrido faces five additional special allegations related to his prior record as a sex offender from a 1977 rape conviction.
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