CA - Jaycee Dugard, 11, South Lake Tahoe, 10 June 1991 - #2

[Themis]

I am furious about what happened to Jaycee, and can't believe how many missed opportunities there were to help her earlier. But thinking about the UC Berkeley Officers made me realize that calm, rational thought is what broke this case and saved Jaycee and her daughters. The first officer said seeing the children with PG rubbed her the wrong way, and she asked him to come back tomorrow at 2pm. She didn't say this anywhere that I saw, but I think she realized something was wrong and she needed to make sure she saw those children again. She could have immediately called the police while he was there the first time, but I think very perceptively she thought causing an uproar could be very, very dangerous. The next day the 2nd officer also thought something was off, but once again, calm, rational thought led her to research and make the necessary calls.

Its refreshing to see a pure example of competence.

Second, I know there's been a lot of criticism of the deputy who responded to the first call. But we don't know the full situation of what that deputy knew when he responded. Its been reported that the 911 caller reported the tents, children, and that PG is a sexual psychopath. But we really don't know if that was reported down the chain. The dispatcher might have just asked the deputy to check on reported code violations because of tents. In that case, the deputy wouldn't really have probable cause to insist on going in the backyard if PG refused. In his mind, he may have been dealing with a neighbor-dispute about an ugly yard. Someone dropped the ball, for sure. But I'm not sure where.

What I'm more concerned about is how did a violent kidnapper and rapist get out of jail in 11 years? That makes me sick.

You're right. We don't know what the officer was told to check on. However, a quick check of the address prior to going out there would have shown a registered sexual offender on parole and they would not have needed a search warrant to enter the property and inspect. All they would have had to do is take the parole officer along.

 

[Themis]

In 1993 the owner PF filed an affadavit of death of joint tenant. So she had right of survivorship and didn't really 'inherit" the property in the true sense of word. rather she took over his half. I have the scanned copy of that and the death cert.
I will see if there is anything else of interest.

Correct. She didn't inherit the property. Whatever interest he had expired upon his death and by operation of law, she became the sole owner. It would never have passed through a decedent's estate.

 

[mysteriew]

I am furious about what happened to Jaycee, and can't believe how many missed opportunities there were to help her earlier. But thinking about the UC Berkeley Officers made me realize that calm, rational thought is what broke this case and saved Jaycee and her daughters. The first officer said seeing the children with PG rubbed her the wrong way, and she asked him to come back tomorrow at 2pm. She didn't say this anywhere that I saw, but I think she realized something was wrong and she needed to make sure she saw those children again. She could have immediately called the police while he was there the first time, but I think very perceptively she thought causing an uproar could be very, very dangerous. The next day the 2nd officer also thought something was off, but once again, calm, rational thought led her to research and make the necessary calls.

Its refreshing to see a pure example of competence.

Second, I know there's been a lot of criticism of the deputy who responded to the first call. But we don't know the full situation of what that deputy knew when he responded. Its been reported that the 911 caller reported the tents, children, and that PG is a sexual psychopath. But we really don't know if that was reported down the chain. The dispatcher might have just asked the deputy to check on reported code violations because of tents. In that case, the deputy wouldn't really have probable cause to insist on going in the backyard if PG refused. In his mind, he may have been dealing with a neighbor-dispute about an ugly yard. Someone dropped the ball, for sure. But I'm not sure where.

What I'm more concerned about is how did a violent kidnapper and rapist get out of jail in 11 years? That makes me sick.

If he didn't get sufficient info from the dispatcher, then why didn't he interview the original complaintant to see what the problem was? Why didn't he run the criminal history of the person being complained about? Why didn't he question the dispatch about what the complaint was about? I mean if they get a complaint and check it out and see nothing, wouldn't it be worth just a look to see why a complaint was made? It wouldn't have taken investigative work, just a little curiosity would have changed things here. Sorry, but I really feel this officer dropped the ball. Even the sherriff feels he dropped the ball.

 

[Mazama]

I have a question. I read somewhere that the campus security is supposed to run background checks on anyone passing out literature on campus.
Is that true and if so how smart of a policy is that?

Campell said that on Monday, Aug. 24, she was approached by a man in the Special Events Office lobby who told her that he wanted to host some kind of religious event on campus that would reflect “God’s desire.”

<snip>

Suspicious about the man’s behavior, Campbell told Officer Jacobs that she was a little disturbed with the situation. She was especially concerned about the two children and bothered by the fact that they were not in school.

When Jacobs ran the man’s name on the police dispatch, she discovered that Garrido was on federal parole for kidnapping and rape and was a registered sex offender.

“Once I heard that, red flags went up,” Officer Jacobs said. “It was a little more than what we had bargained for.”

http://berkeleydailyplanet.com/issu...vents-That-Led-to-Kidnapping-Suspect-s-Arrest

Maz

 

[Mazama]

They campus security is getting all the credit down here in SoCal that's for sure.

.

As well they should! :woohoo:

Maz

 

[Themis]

That's why I was asking if she owned it outright.


I was just thinking if there is a note on it, and if payments are not made now, then it can go through the non judicial foreclosure process and the lien holder can satisfy the prop taxes and get clear title that way. It would be a race to May 2010, but a foreclosure would prevail imo LOL. A foreclosure could be done in a matter of months if the payments stop and as long as they cover the taxes it's all good.

Who is going to pay the delinquent taxes? Perp and Mrs. Perp are in jail awaiting their criminal due process. They won't pay it. Momma to the Perp and owner of the property has alzheimers or dementia. Likely Adult Protective Services has been called in to collect her and has placed her in a facility while running a 30 day temp T-CON (Temporary Conservatorship) notice and hearing. After the T-CON, they will move for permanent conservatorship. They probably won't use her Social Security or SSI funds to pay property taxes on a residence she can't use as it will be consumed by her permanent care. Assuming there is a conservator for her estate and assuming she has more money than her current OASDI or SSI, the conservator of her estate might pay the tax liens but there may not be enough to pay a delinquent mortgage. Often, a mortgage company will have required an escrow of the taxes, but it appears not in this case since the mortgage I saw was 1979. Back then, the borrowers were given a choice of tax escrow or not. Since there are delinquent taxes, it appears there was no tax escrow. When determining the value of the property, the conservator and probate court will consider the cost of the evidentiary hold (if any) against further mortgage payments, the cost of the tax liens, the cost of insurance and the cost of cleaning it up compared to the market value. They would have to remove all of the debris (after the evidentiary hold release), bring the house up to safety standards for occupation and sell it at a court auction or get the court's permission to list it with a realtor. The horrific nature of this crime along along with the international attention on it may have made this property unmarketable.

 

[Themis]

If he didn't get sufficient info from the dispatcher, then why didn't he interview the original complaintant to see what the problem was? Why didn't he run the criminal history of the person being complained about? Why didn't he question the dispatch about what the complaint was about? I mean if they get a complaint and check it out and see nothing, wouldn't it be worth just a look to see why a complaint was made? It wouldn't have taken investigative work, just a little curiosity would have changed things here. Sorry, but I really feel this officer dropped the ball. Even the sherriff feels he dropped the ball.

Statutory immunity will protect them from liability for nonfeasance.

 

[JBean]

Who is going to pay the delinquent taxes? Perp and Mrs. Perp are in jail awaiting their criminal due process. They won't pay it. Momma to the Perp and owner of the property has alzheimers or dementia. Likely Adult Protective Services has been called in to collect her and has placed her in a facility while running a 30 day temp T-CON (Temporary Conservatorship) notice and hearing. After the T-CON, they will move for permanent conservatorship. They probably won't use her Social Security or SSI funds to pay property taxes on a residence she can't use as it will be consumed by her permanent care. Assuming there is a conservator for her estate and assuming she has more money than her current OASDI or SSI, the conservator of her estate might pay the tax liens but there may not be enough to pay a delinquent mortgage. Often, a mortgage company will have required an escrow of the taxes, but it appears not in this case since the mortgage I saw was 1979. Back then, the borrowers were given a choice of tax escrow or not. Since there are delinquent taxes, it appears there was no tax escrow. When determining the value of the property, the conservator and probate court will consider the cost of the evidentiary hold (if any) against further mortgage payments, the cost of the tax liens, the cost of insurance and the cost of cleaning it up compared to the market value. They would have to remove all of the debris (after the evidentiary hold release), bring the house up to safety standards for occupation and sell it at a court auction or get the court's permission to list it with a realtor. The horrific nature of this crime along along with the international attention on it may have made this property unmarketable.

If the lender took the property back, they would have to satisfy the taxes and that is what I was addressing.
Whether this is an economically sound decision, I don't know because I don't know the ins and outs of that area pr the property. I was only addressing the fact that if there is a lender, the foreclosure process in CA is quick and easy and they could foreclose before the tax seizure would take place and could satisfy the debt and take it over or sell it a Trustee sale subject to taxes being satisfied.
There is of course no impound account on the taxes or the taxes would be current. These days an impound account being mandatory based on the amount of money put down on a property. if you put enough down it is your choice.

 

[JBean]

Campell said that on Monday, Aug. 24, she was approached by a man in the Special Events Office lobby who told her that he wanted to host some kind of religious event on campus that would reflect “God’s desire.”

<snip>

Suspicious about the man’s behavior, Campbell told Officer Jacobs that she was a little disturbed with the situation. She was especially concerned about the two children and bothered by the fact that they were not in school.

When Jacobs ran the man’s name on the police dispatch, she discovered that Garrido was on federal parole for kidnapping and rape and was a registered sex offender.

“Once I heard that, red flags went up,” Officer Jacobs said. “It was a little more than what we had bargained for.”

http://berkeleydailyplanet.com/issu...vents-That-Led-to-Kidnapping-Suspect-s-Arrest

Maz

what I am asking is if it is required that the security officers do this any time someone is passing out literature.
thanks maz.

 

[Themis]

If the lender took the property back, they would have to satisfy the taxes and that is what I was addressing.
Whether this is an economically sound decision, I don't know because I don't know the ins and outs of that area pr the property. I was only addressing the fact that if there is a lender, the foreclosure process in CA is quick and easy and they could foreclose before the tax seizure would take place and could satisfy the debt and take it over or sell it a Trustee sale subject to taxes being satisfied.
There is of course no impound account on the taxes or the taxes would be current. These days an impound account being mandatory based on the amount of money put down on a property. if you put enough down it is your choice.

I'm not disagreeing here. But, I think the lender would have to act on some contractual provision in the mortgage that allows them to seize the property if there are unpaid taxes. Otherwise, if they just paid the delinquent taxes then the mother would have the benefit of the paid taxes. There might be a provision in the mortgage for adding that to the mortgage amount.

 

[Themis]

what I am asking is if it is required that the security officers do this any time someone is passing out literature.
thanks maz.

I don't have any idea. Would be nice to know.

 

[JBean]

I'm not disagreeing here. But, I think the lender would have to act on some contractual provision in the mortgage that allows them to seize the property if there are unpaid taxes. Otherwise, if they just paid the delinquent taxes then the mother would have the benefit of the paid taxes. There might be a provision in the mortgage for adding that to the mortgage amount.

What I mean is they can file a non judicial foreclosure if the payments are not being made. They can then either:
1. Sell it at a Trustee sale by way of the power of sale clause and it would be subject to the buyer paying back taxes as secured taxes always stay with the property.
or
2. Take the property back into their portfolio, satisfy the taxes and remarket it for sale.

as you point out the marketability of the house would probably be pretty poor so I think they would opt for the Trustee sale.
Or, just let the county take it and write off the debt and wash their hands of it.

 

[JBean]

I don't have any idea. Would be nice to know.

Well I heard that it is SOP to do a check any time they spot someone passing out literature. I am just trying to confirm it, thanks Themis.

 

[Themis]

What I mean is they can file a non judicial foreclosure if the payments are not being made. They can then either:
1. Sell it at a Trustee sale by way of the power of sale clause and it would be subject to the buyer paying back taxes as secured taxes always stay with the property.
or
2. Take the property back into their portfolio, satisfy the taxes and remarket it for sale.

as you point out the marketability of the house would probably be pretty poor so I think they would opt for the Trustee sale.
Or, just let the county take it and write off the debt and wash their hands of it.

This is one puzzle that if we follow the property history long enough we will get an answer!

 

[JBean]

This is one puzzle that if we follow the property history long enough we will get an answer!

History won't tell the tale, but the future will!

but I think the economic points you raise will be at the heart of the matter. Then again, this is a 22kplus lot that could be bulldozed and made into a nice home. but i understand this area is terrible, lots of drug houses (as reported on our local news) so maybe it would never make sense. In this time of cramming down mortgages and forgiving debt, the lender would probably not bat an eye about letting it go for nothing.

 

[Wise Old Owl]

The pictures posted in the picture thread recently really show some insight as to how these 3 lived. The question I have is how did Jaycee read those books? She was kidnapped at 11. 11 yr olds have very rudimentary reading skills. In the pic with the paperback books I saw Koontz, and Danielle Steele books - adult reading. Did these "subhumans" teach her? Did she teach herself? I am encouraged by the books as if she could read then she could have taught her girls as well.

Another question from those pictures - what happened when it rained? Those clothes and beds are in that tent - they really aren't all that waterproof. Plus the rugs on the floor and the beds are on the "floor" (ground).

The more I am seeing the worse I feel. How horrible. I knew that the more news we receive out of this - the worse the details were going to be.

How could anyone allow children to live like that and then just waltz back into the comfort of a permanent dwelling without hesitation? Again, these two are not fit to breathe the air we do!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

[Themis]

History won't tell the tale, but the future will!

but I think the economic points you raise will be at the heart of the matter. Then again, this is a 22kplus lot that could be bulldozed and made into a nice home. but i understand this area is terrible, lots of drug houses (as reported on our local news) so maybe it would never make sense. In this time of cramming down mortgages and forgiving debt, the lender would probably not bat an eye about letting it go for nothing.

Raze and re-grade. Turn it into a neighborhood pocket park.

 

[badhorsie]

http://www.timesonline.co.uk/tol/news/world/us_and_americas/article6814941.ece

Now 29, still blonde but a little taller than she was as a child, Jaycee was instantly recognisable to her mother Terry and her half-sister Shayna, who was one year old when they last played together.

“She smelled the same, isn’t that weird?” said a relative, who added that the reunited family had been both crying and laughing ever since, and were unable to stop hugging each other. They are now planning a late summer holiday at Disneyland.

and more at link...

 

[Misfitdolly]

The pictures posted in the picture thread recently really show some insight as to how these 3 lived. The question I have is how did Jaycee read those books? She was kidnapped at 11. 11 yr olds have very rudimentary reading skills. In the pic with the paperback books I saw Koontz, and Danielle Steele books - adult reading. Did these "subhumans" teach her? Did she teach herself? I am encouraged by the books as if she could read then she could have taught her girls as well.

Another question from those pictures - what happened when it rained? Those clothes and beds are in that tent - they really aren't all that waterproof. Plus the rugs on the floor and the beds are on the "floor" (ground).

The more I am seeing the worse I feel. How horrible. I knew that the more news we receive out of this - the worse the details were going to be.

How could anyone allow children to live like that and then just waltz back into the comfort of a permanent dwelling without hesitation? Again, these two are not fit to breathe the air we do!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

My 11 year old reads very advanced books. While she doesn't read Koontz or Steele due to the adult content she reads books equally as long or longer and she has a huge vocabulary. Think Harry Potter, Twilight, and Fablehaven series'. I think most 10-11 year old kids have read such books and I am sure there was something similar back in 1991.

 

[mysteriew]

My 11 year old reads very advanced books. While she doesn't read Koontz or Steele due to the adult content she reads books equally as long or longer and she has a huge vocabulary. Think Harry Potter, Twilight, and Fablehaven series'. I think most 10-11 year old kids have read such books and I am sure there was something similar back in 1991.

Also an 11 yo, even with begininng reading skills if kept in isolated conditions, maybe without a TV or with limits on when she could watch TV might turn to reading to occupy herself if books were made available to her. Increased reading would gradually lead to improved reading skills.