What About Jaycee's Daughters?

Phillip and Nancy Garrido appeared in court today for a bail hearing, and, unsurprisingly, neither was released. Phillip Garrido's bail was set at $30 million (the functional equivalent of being held without bail) and his wife's attorney did not seek bail for her. They will be back in court next month and may well face additional charges before a trial expected to take place next year.

Meanwhile, the prosecutor, when asked whether Jaycee Dugard, who the Garridos are accused of kidnapping, holding captive and sexually abusing, would testify, said "the witness will have to come in when the case comes to trial." This is not a surprise: while there's surely other evidence, including DNA test results, available to the prosecution, Jaycee is the key witness. And to tell her story, she has to appear in court. Defendants have a Constitutional right to hear direct testimony from (and be able to cross examine) witnesses who testify against them. And while California law allows rape victims to seek to have their names and addresses withheld at trial, there's no way Jaycee's privacy can be reclaimed (even if rumors of an upcoming appearance on Oprah are false).

A more interesting question is whether Jaycee's two daughters, ages 11 and 15, will testify in the case, either in relation to crimes committed against their mother, or future charges involving them directly. Because they are minors, they are afforded more protection under California law should they testify about any child abuse charges. For example, the prosecution can introduce the statement of a child under 12 about abuse to a police officer instead of having her testify in court. The state also allows videotaped testimony if a witness if 15 or under.

Another theoretical possibility is a civil suit by Jaycee and/or her daughters to recover damages they would claim they suffered because of childhood sexual abuse by the Garridos. Under California law, they would have eight years after becoming legal adults or, in Jaycee's case, three years after learning that any psychological damage was caused by the abuse.

Barring a plea deal, it's likely the Jaycee Lee Dugard story will remain before judges for months, if not years, to come.