9.24.2011

Should Children Have The Right To Sue The Government For Failure To Protect Them From Criminals?




By Lawrence W. Daly, MSc

Sheriff Holding Jaycee's Picture.jpg
Sheriff with Jaycee's picture
The year was 1991, the day June 10th, and Jaycee Dugard was eleven years old. Jaycee, born May 3, 1980, was a couple blocks away from her school bus stop when she was kidnapped right off the street. Innocent and living the life of a child, when out of the blue a man and woman took her from what she knew was a great life at that time. This incident would change Jaycee’s life for the next 18 years.  The man, Phillip Garrido, date of birth, April 5, 1951, a convicted rapist and kidnapper and his second wife, Nancy Garrido, date of birth, July 18, 1955, kidnapped Jaycee that June morning and kept her in their captivity for 18 years.

The story is one of those stories where there are no winners. Jaycee grew up in a life where she and eventually her daughters, lived in fear of their lives, and were mentally, physically and sexually abused. So why did all of these things happen to Jaycee? Could these incidences have been prevented? Let us ferret out why the criminal justice system is being held accountable for what happened to Jaycee. Jaycee has recently filed civil charges that the government failed to protect her, that the government knew the monster Garrido was but released him. So let us go through the some of the facts of who Mr. and Mrs. Garrido were.

P Garrido Picture.jpg
Phillip Garrido
In 1968, Mr. Garrido confessed that he would seek out young girls in school yards and found this to be sexually stimulating and gratifying. These young girls ranged from the age of 7 to 10 years old. He is what could be termed a preferential pedophile that is dangerous around pre-pubescent females.

In 1972, Garrido was charged with sexually assaulting a 14-year-old female, but the case did not go to trial after the girl declined to testify. The concern by this author is how many young females did not come forward for being sexually assaulted by Garrido. Is it possible he murdered young females after sexually assaulting them?

On November 22, 1976, Garrido kidnaps a woman from a South Lake Tahoe parking lot, handcuffs her and rapes her in a Reno warehouse.  He is sentenced to 50 years in jail for these crimes.

On March 9, 1977, Phillip Garrido was convicted of raping and kidnapping a 25 year old female. Garrido at that time was 26 years old and he was sent to prison. He was to stay in prison for his monstrous crimes. The sentence for the rape and kidnapping was a 50-year sentence.

In 1981, at the United States penitentiary in Leavenworth, Kansas Nancy Bocanegra married Garrido, while he was serving his 50 year sentence for the 1976 kidnapping and rape of a 25 year old woman.

The history of violence on Mr. Garrido’s lengthy criminal rap sheet demonstrated that Garrido had major problems with hurting and sexually assaulting females.  Although he had this history of violence the State of California considered him a “moderate to low risk for reoffending.”

On August 26, 1988 Garrido was paroled in Nevada. He then traveled to Antioch, California where he and his second wife Nancy, move into his mother’s house.  He is currently on parole during this time; violates parole and goes back to prison for violating his parole in 1991. He remained in prison until 1993.

The reason these dates are of value is that during his history of violent crimes, his accountability system instituted by the professionals who had the responsibility to monitor him, failed to properly supervise him. His parole officer on occasion would stop by his residence to see what Garrido was doing. Additionally, during this time police were called to check out his suspicious behavior and etc. All of these called dealt with Garrido’s behavior around young females.

In 2006, the circumstances and requirements of his parole were changed from a month to month check-in system to a more passive monitoring system. This lasted until 2009 when he was arrested by the FBI.

The system failed along the way, especially prior to him being released on parole.  Garrido, who was extensively examined by psychiatrist after psychiatrist convinced the parole board that he was no longer a threat to the community.  The psychiatrist disregarded that Garrido was and is a violent serial sexual offender. It is unknown just exactly was the psychological testing was performed to ascertain if Garrido was mentally fit to return to the community. In the early 1980’s little was known about the treatment of serial sexual offenders. Instead of advising the parole board that scientific testing was just being developed, these psychiatrist did not utilize professional judgment in allowing Garrido to be released from prison. A mistake which would cost Jaycee her freedom and which took her youth away from her. Moreover, how many other females Garrido may have sexually assaulted and/or murdered is unknown.

Nancy and Phillip Garrido.jpg
Phillip and Nancy Garrido
Later Nancy Garrido, Phillips Garrido’s wife, uses to entice young girls to do specific things such as coxing them to do gymnastics in and around the Garrido van. Getting the young females to cooperate, Nancy would videotape the entire incidences using a video camera. Upon the police arresting the Garrido’s, the police located two videotapes where Nancy is heard talking to the young girls on the videotape, getting them to perform for the camera.

In a statement given by Nancy Garrido she tells the El Dorado’s County Sherriff’s Department that she had enticed young girls to act in certain ways for the camera anywhere between 10 to 20 times. The videotaping was used to sexually gratify Garrido at a later time.

The Pittsburg Police Department is investigating Garrido as a person of interest in allegedly killing several unsolved murders of prostitutes in the early 1990’s. After the arrest of Garrido for his crimes against Jaycee, the Contra Costa County Sheriff’s Department spokesman, Jimmy Lee said the investigation into Garrido’ s link to any other crimes beyond the Jaycee Dugard case were “preliminary,” and declined to discuss what cases were being reviewed.

On April 28, 2011, Phillip and Nancy Garrido plead guilty to the kidnapping and sexual assault of Jaycee.

On June 2, 2011, Phillip and Nancy Garrido were sentenced to 431 years’ imprisonment. Nancy received 36 years to life.

Tomorrow, I will delve into the psychological aspects that Dugard, Nancy and Phillip Garrido dealt with over the 18 year period of captive of Dugard. There is a lot of information which needs to be researched, examined and evaluated. Some professionals are comparing Jaycee to Patty Hearst who was kidnapped in the early 1970’s (February 4, 1974). As the above information stated, Mr. Garrido is a serial psychopath sexual offender. 

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