SACRAMENTO (CBS13) —  The talks of a possible plea deal for one of the most infamous criminal couples of all time may fall flat.

So, for two attorneys, Susan Gellman who is representing Phillip Garrido and Stephen Tapson who is defending Nancy Garrido, their best chance of getting their clients a deal may be before a jury of the couple’s peers.

“The way it stands right now, they are both going to trial,” says defense attorney Jennifer Mouzis.

But, it’s possible only one of the defendants may go to trial.

“If there is any chance of a plea bargain it’s going to be for Miss Garrido,” says Mouzis.

Mouzis says it doesn’t make sense for the D.A. to offer Phillip a deal and try Nancy.

“I don’t think they are going to allow the more culpable person to plead out and allow the less culpable person to go to trial,” said Mouzis.

Because the evidence against Phillip is irrefutable; he fathered two daughters with Jaycee. 

So, Mouzis thinks giving Phillip any type of deal and prosecuting Nancy would only help her defense.   And if Phillip pleads guilty to all charges against him, that could be a small victory for Nancy’s case.

“There would be an empty chair next to her and she could blame all of her conduct on his manipulation,” explains Mouzis.

This would be a shot Nancy’s attorney would like to have, even if it’s a long shot.

Comments (25)
  1. kanakasue says:

    The witness’s rendition of the driver who pulled the little girl named Mikaela into a car at a grocery store on Mission Blvd in Hayward decades ago never to be found looks like a long-haired Garrido. That man has done this before, andhis wife is complicit. May he fry.

    1. scopedope says:

      I agree. I think he kidnapped and killed that girl in Hayward also. Didn’t the vehicle found behind his house match the description of the vehicle used to abduct the Hayward girl?

  2. B.PHIPPS says:

    The Garridos deserve the death sentence for what they did all those years to Jaycee when they BOTH kidnapped her at age 11.

    But let’s not kid ourselves — the death penalty means nothing in California. It only guarantees a private cell and 3 meals a day. If someone from the outside will pay for it they can have a radio and a TV, too! Hardly punishments for the worst of the worst.

    The Garrido man and wife criminal team definitely deserve whatever sentence it takes to keep them in jail for the rest of their lives.

    Better yet — put them in an 8′ x 8′ x 8′ wire cage, a bucket for a toilet, and 1 bottle of water a day for the rest of their miserable lives.
    Their daily food can be the same as Arizona’s Sheriff Arapio feeds his inmates.

    1. Codi says:

      That’s right. The death penalty means nothing here. 13 people have been
      executed in 32 years, but there are 650 people on death row in San Quentin.
      Nowadays, most people in Death Row probably die a natural death due to old
      age. I have heard many stories where the victim’s family have died before
      the criminal did. That is really sad. I remember a reporter talking about Scott
      Peterson when they sentenced him to death, the TV reporter said “It will
      take at least 25 years to execute him, if he ever does get executed. And
      probably by that time, I will be dead myself”. Truer words were never
      more spoken. So with the little bit of a life I have left, my goal in life is
      to brighten up as many lives as possible and love and care about others
      as much as possible – because I might be dead before any person under
      a death sentence is. I guess Billy Joel was right: “Only The Good Die
      Young”. No question there. If you take most children that died, most of them
      if not almost all were really good people. Definitely toddlers and preschoolers.


    2. Laura M. Rebelo says:

      I already made a comment but I think she is better in jail. Who will give her a job? Welfare that’s for sure. She should be in jail and work there, cleaning or anything else. Both of them and everyone who is in jail should work. I am 67 and still work.

  3. Shannon says:

    If they give either one of them a deal then they are off their rocker. Those people kidnapped her and robbed her of any kind of childhood. At any time Nancy could have done the right thing. He was in jail and she didn’t do anything. They both need to go to trial and they are as guilty as sin. I lived in lake tahoe when all this happened. I was floored that it could happen so close to home. Mr DA NO PLEA DEALS TRY BOTH OF THEM. A jury of their peers will find both of them guilty and justice will be served.

    1. Codi says:

      The lawyers for the Garridos are totally off their rocker, and probably the
      District Attorney is too, if they allow them to plea deal their crime down to
      less years in prison for what the did to Jaycee. But knowing how California
      liberals are, I wouldn’t be too surprised. You take a piece of pizza from a kid
      and you go to prison for life; kill a child and end up serving 10 years. I didn’t
      know a pizza was worth more than the life of a 3 year old.


  4. Amber says:

    NO PLEA DEAL! California is already doing too much for the Garridos in the first place. Oh wait, this is California after all. Nowadays it’s a crime to have a 9-5, pay insurance on cars, health, home, etc., and you don’t get half the treatment criminals do. I hope the Garridos both rot in Hell (if California doesn’t stop them).

  5. Diane says:

    No plea deal, it’s a shame when the criminals has more rights than the victims, or general public. I believe in the death penalty. They both did the crime they both should be put to death.

  6. scopedope says:

    No plea deal for either of them! They BOTH deserve a lethal injection!

  7. Warren Edward Wright says:

    lead injection..a 44 mag should do it.. we all better get active or we will never fix this mess our nation is in

  8. Helen says:

    Why are we even wasting money on this trial. They were caught RED HANDED. This country is now worried about the rights of the villains and not the victims. This girl was not only kidnapped, but raped, gave birth to 2 babies and raised them under terrible conditions. Buy yet people who want to make a name for themselves or money think nothing of putting Jaycee thru this rubbish. The counties are having a money problem, so why waste it on a ridiculous trial. What part of GUILTY don’t they understand. YES, I understand “Innocent until proven GUILTY”. BUT REALLY. Do we need to go there. Am I upset, YES. I am tired of people not using their freakin “COMMON SENSE”. If these POLITICIAN make mistakes, it’s O”OH WELL”. If we make mistakes, we get FINED for it.

  9. Jeremiah says:

    Let’s see, this instance went on for EIGHTEEN YEARS! The little woman used to go shopping, right? She had jillions of opportunities to walk into a police station and spill the beans on this slime ball. Both of them are totally guilty, equally guilty, and both should be executed. But our wimpy, bleeding-heart legal system, the product of decades of progressive indoctrination in our universities, thinks we need to “show mercy.” Not for slime like this. There should be NO DEAL, NO SLACK. They should be executed. At least they should never be allowed out of jail.

  10. Codi says:

    I have a good good friend who is serving with the US Air Force at Ramstein
    AFB in Germany right now. My friend’s aunt lives near Apple Valley/Victorville,
    California. She, believe or not, actually has a girlfriend (who is in her 50s) that
    lives in Northern California. The aunt’s girlfriend’s daughter actually was best
    friends with Jaycee Dugard, and was living in South Lake Tahoe when Jaycee
    was abducted by these low life people in 1991. She is still friends with Jaycee
    and sees her from time to time, recently at a birthday party for her children.
    No joke. Small world, huh? Out of 3,000 people that died on September 11th,
    two of them were from my community college I had attended. Again, very
    small world.

    A plea deal? Come on now!!! They deserve to be in prison forever like.
    I’m not a revengeful person or anything, I am actually quite forgiving and
    I am against the death penalty. However, these jerks deserve nothing
    less than being in prison for 50+ years, if not life. They ruined Jaycee’s life.

    I always wondered though about “jury of your peers”. I have high functioning
    Autism and emotionally and socially, I am like a 5 year old. Most of my friends
    are either toddlers/children or they are people over age 45 (because they
    are less judgemental of me with my Autism, and they are very caring about
    me). Since those are my peers, if I ended up going to court for some crime
    (not that I would, but….), could I get a jury that was composed of
    children and people over age 45?? I wonder about if children can serve??
    My children’s librarian friend told me my peers are children and older
    adults, so I was just wondering…

    Codi from the Bay Area, California.

  11. Laura M. Rebelo says:

    She is guilty as he is. She should had gone to police. Who wants to be married to a man that is having an affair with someone else much more if the wife is helping and on top with a child that she helped kidnap. Please, no mercy for her. She do not deserve to see the sun normally but behind bars.

    1. Codi says:

      I totally agree with you. She isn’t any less guilty than her no-count lousy
      husband. If the judge is going to allow a cop-out for her, and sentence her
      to less time than Philip, then they would have a really good argument about
      having a plea deal for that no count. And Lord, I hope that doesn’t happen.
      But, you know, California liberal politics… one guy 10 years ago killed a 3
      year old boy in Oakland. He got sentenced to only 11 years in prison. That’s
      already an insult to the 3 year old’s life. But if that wasn’t bad enough, he got
      released in 6 YEARS!!! People have gotten life imprisonment for stealing a
      piece of pizza under “Three Strikes You’re Out”. It doesn’t take person an
      IQ of 148 to realize that that basically means that a 3 year old’s life is worth
      less than a pizza!!! Have we sunk that low?? And then, so this guy gets
      out after 6 years in prison, goes to Berkeley and kills a 25 year old mother
      and her poor 17 month old son. Now, knowing how California liberal
      politicians are, he’ll probably get a slap on the wrist by the judge and told
      “Don’t that any more, little boy”. Puhleeeeeeease!!! I’m leaving California
      and good riddance, moving to South Carolina. The liberals will stand up
      for a pedophile if the pedo is liberal, and they will defend murderers
      but if you are a conservative, then you get called every dirty name in
      the book even if you are a good, decent person who has never done
      anything to hurt anything bigger than an ant.


  12. Esmio says:

    There should be no mercy on these two so called people. They should be sent directly to the gas chamber and no life long housing provided at OUR expense. I cannot see the justification of life in prison when we know he was responsible for the taking of an innocent life and turning her into his slave. His stupid wife should also be sent to the gas chamber immediatelyl both of them do not pass go do not collect life in prision.

    1. Codi says:

      There is no gas chamber in California anymore. U.S. District Court judge
      Marilyn Hall Patel in 1996 ruled the gas chamber unconstitutional and
      said it was a violation of the Eighth Amendment to the Constitution, saying
      it was a “Cruel and unusual punishment”. They only can do lethal injection
      now. And even that’s been on hold because they don’t have the drugs to
      kill condemned inmates with. And as horrible as the Garridos are, the US
      Constitution and state laws do not permit the death penalty for any other
      crime than 1st degree premeditated capital murder.

      And the gas chamber is a cruel barbaric way of putting someone to
      death, by the way. Any witnesses to a gas chamber execution, whether
      they are Republican or Democrat, will tell you that. I don’t want to sink
      down to the criminal’s level by condoning an execution like that. If I
      do, then I and you and society are no better than that criminal.


  13. Codi says:

    By the way, I’m 34 chronlogically, but I act like I am 4 1/2 or 5 sometimes without
    even knowing it, because of my Autism. It stinks having Autism. I struggle
    daily with social cues that even normal 6 year olds don’t have a problem with
    (eg. realizing people aren’t interested in what you want to say, looking at
    people directly in the eye, and not talking 90% of the time, and so forth).
    I don’t “choose” to be like a 4-5 year old emotionally and socially; that’s just
    the way I am, and can’t help it. Actually, the preschool aged children at the
    Storytime I volunteer at, at the library, with my librarian friend, really adore
    me and enjoy having me around, because they think I’m a big kid and
    I make them more enthusiastic. I’m more like a ringleader than anything!! hehe.

    Back to Garrido and his lousy wife, they should get at least 50 years in
    prison, if not more. Putting them in prison isn’t necessarily revenge. There
    are people who are just so dangerous that we have to keep them in
    prison, not necessarily for punishment only, but also because the outside
    world has to be protected from people like that. That’s more of a safety
    issue than a punishment, which would also explain why a lot of sexually
    violent predators are civilly committed to a state hospital once they are
    released from prison. Although with the crime nowadays, there are
    probably people who are outside of prison that may be worse than
    some people inside.


    1. Laura M. Rebelo says:

      God Bless you Codi. You will be in my prayers. I don’t think this is a case to call liberal or conservative. Be real. I’m what people call liberal because I am Democrat. Very proud of it also.

      1. Codi says:

        You’re still working and you are 67 years old? God bless you, not me!!!! LOL
        I cannot work because of my Autism and my Attention Deficit Hyperactivity
        Disorder. When I do get hired for anything, I can never keep a job more than
        3 months, because I can get disruptive at work. I get Social Security. I do
        volunteer though, at one of my local libraries (I mentioned that), helping out in
        Preschooler Storytime. I get along well with preschoolers, but I also get along
        well with older people aged 45 and over too, and even more better with
        60+ year olds. I also love oldies music from the 1950s and 1960s, and I
        have nearly possibly every song I can think of from that time. We do
        several oldies songs in Preschooler Storytime, such as Lucky Ladybug by
        Billy and Lillie (1959), Whole Lot Of Shakin’ Going on by Jerry Lee
        Lewis, Willie and the Hand Jive by the Johnny Otis Show, and recently,
        Rockin’ Robin by Bobby Day. The children really love oldies!!! We also do
        kids songs like the Chicken Dance; Peanut, Peanut Butter, and Jelly (my
        favorite); Open And Shut Them; and so forth. And my librarian friend reads
        them short stories. I think the preschoolers are actually more enthusiastic
        because of me (in fact, my librarian friend tells me when I don’t come, the
        kids are much more sluggish and not as enthusiastic). I’m more of a
        ringleader than anything else. If I get more enthusiastic they will get more
        enthusiastic. I love children and really care deeply about them — all
        children. And nothing hurts me more than to see little boys grow up and
        become criminals as adults. This is another reason why I am anti death
        penalty, I feel that we as a society are responsible sometimes for making
        children grow up and become bad people. We teach children how to hate,
        how to bully, how to be racist, and so forth. 4 year olds do not hold
        grudges and they don’t pick their friends based on whether one is White
        or Black or Asian. Somewhere along the line, even this crazy warped sick socipathic monster named Philip Garrido must have been a child at one point. What led him to become such a mean, cruel, and heartless person??

        I hear moms sometimes saying “I wish my child would never grow up and
        could stay a baby forever”. I have to wonder sometimes if it is because
        toddlers are just toddlers, and you’ll never have to worry about them becoming
        a bad person if they stay a toddler forever. In one aspect, I can see that
        because emotionally/socially I am like a 4 1/2 to 5 year old. I’m still very
        enthusiastic about things – perhaps a bit too enthusiastic in fact. If you
        ask people who know me to describe me, they would call me bubbly,
        outgoing, sweet, carefree, happy go lucky, vivacious/animated, and so
        forth. Which actually is very much like a 4 year old. It is important to never
        lose the innocence of childhood. I know lots of adults that don’t care to
        go to Disneyland – my mother included – because they don’t find fun in
        childhood pleasures anymore…unlike me…my favorite rides at Disneyland
        are Dumbo The Flying Elephant and The Mad Hatter’s Tea Cups.

        Have a nice weekend!!

        Codi from the San Francisco Bay Area, CA

  14. itsallaboutme says:

    OMG, how can these Attorneys sleep at night? It must take allot of Vodka or other substance for the voices to stop chattering. These predators deserve nothing – no bread, no water, no toilet paper. I hope they rot in hell, but wait they get to enjoy the leisure of our jails until then. Oh by the way, how much are they paying for medical insurance per month?

    These two make Charlie Manson and the Night Stalker look like Disney characters, and Scott Peterson is selling tickets to the rides while flirting with all the wives.

    1. Codi says:

      Hey, hey, hey!! Watch it there!!! No insults for Disneyland!!! LOL! That’s the only
      place I can ride on kiddie rides, because other amusement parks like
      Six Flags and Cedar Fair put height limits on their kiddie rides, and at 5 feet
      11 inches tall, I am way above the 4 feet 6 inches or 4 feet 10 inches height

      I don’t know how attorneys can defend a criminal when they already know
      that the person is guilty of the crime. I would never be able to say that
      someone’s not guilty if I knew that they actually were. At least, come
      clean. I could see how an attorney might argue against the death penalty
      by mentioning about their childhood or friends or whatever, but if you
      know someone is guilty, how can you say they are innocent?? The
      attorneys even tried to blame the crime on Jaycee Dugard!!! I wonder how
      attorneys sleep at night and also judges sometimes. How can judges
      sleep well at night knowing that you sent an innocent person to death
      row or to prison? (there have been many DNA exonerations in the past
      few years, proving for sure the person wasn’t the guilty party and sometimes
      they have been in prison for 25 years before being declared not guilty).
      I don’t know how they sleep at night, but I guess nothing surprises me.
      There are some DAs that don’t care whether someone is guilty or not,
      they are just out to win a conviction. I have no respect for DAs like
      that at all. Of course, in this case, it’s obvious that Garrido did what he
      was accused of – the two children he had with Dugard is more than
      damning enough.


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