Nancy Garrido's court- appointed attorney has been removed from the case, pending a possible appeal later this month, court records indicate.
Garrido and her husband, Phillip, are charged with abducting Jaycee Lee Dugard in 1991, when she was 11, and hiding her in their Antioch-area backyard for 18 years. Authorities say Dugard bore two daughters to Phillip Garrido during her long captivity.
The attorney removal took place last Thursday in a secret court hearing during which only Nancy Garrido, defense attorney Gilbert Maines, court staff and security officers were present, according to El Dorado Superior Court records.
A court order issued the day before the hearing indicates "the court is in receipt of confidential evidence," but there is no indication of what that evidence might be.
Documents regarding the matter, including the Nov. 3 order that the hearing be held, were not placed into the court's online case file until late in the day after the hearing was held.
The hearing itself was held behind closed doors, and afterward Judge Douglas Phimister ordered Maines relieved as Garrido's attorney. The judge also ordered that Maines' removal be stayed until Nov. 30 and that if an appeal is issued it be sealed.
All records of the Thursday hearing also were sealed.
Maines and Deputy District Attorney James Clinchard did not respond to telephone messages Monday, but a veteran defense attorney and former prosecutor said it appears Garrido sought the removal of her attorney in what is referred to as a "Marsden hearing."
"Ninety-nine times out of 100 that's how it works," said attorney William J. Portanova. "One time out of 100 it's the attorney who wants out of the case."
Maines was in the national spotlight after being appointed as Garrido's attorney, appearing on national broadcasts such as NBC's "Today" show, where he said his client was "distraught" and "scared."
He also said he planned to have his client evaluated to assess her state of mind.
The Garridos, who are being held at the El Dorado County jail, face life in prison if convicted on kidnapping, sexual assault and other charges. Both have pleaded not guilty.
They are scheduled to return to court Dec. 11.
Call The Bee's Sam Stanton, (916) 321-1091.
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