Early Parole and Missed Opportunities-What happened?

[mysteriew]

Under sentencing guidelines now in place, Garrido would have been behind bars for more than two decades - and wouldn't have been free in 1991 when 11-year-old Jaycee Dugard was snatched off the street in South Lake Tahoe, not far from where Garrido kidnapped Katie Callaway Hall in 1976.

But under 1970s-era sentencing laws, Garrido was eligible for federal parole after just 10 years - and he was set free in 1988.
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/09/01/BANS19GU6D.DTL

 

[mysteriew]

A good explanation of the parole system and how he got parole, and how the system has changed.
http://voices.washingtonpost.com/postpartisan/2009/09/how_jaycee_lee_duggards_tormen.html

 

[Wise Old Owl]

A good explanation of the parole system and how he got parole, and how the system has changed.
http://voices.washingtonpost.com/postpartisan/2009/09/how_jaycee_lee_duggards_tormen.html

I'll "give ya" the parole -

I still wanna know what he did to "violate probation" and be put back in for 4 months. I REALLY REALLY REALLY REALLY REALLY want this question answered.

Why is this such a "secret"? We all know LE has so much egg on their faces over this ....but this stuff should be public record. Why are we NOT being told?

 

[mysteriew]

I'll "give ya" the parole -

I still wanna know what he did to "violate probation" and be put back in for 4 months. I REALLY REALLY REALLY REALLY REALLY want this question answered.

Why is this such a "secret"? We all know LE has so much egg on their faces over this ....but this stuff should be public record. Why are we NOT being told?

I agree, but I think that this whole thing has been FUBAR all around. I too would like to know about the parole violation, and why they don't want to give out the info. LOL, that makes me think that maybe it was something pretty bad and that they are afraid of a public outcry if they let it out.

 

[ChaCha]

From story in Mercury News

Federal, state authorities both missed Jaycee
A spokesman for the United States Parole Commission said he did not know the nature of the violation.

Garrido served 11 years of a 50-year sentence under federal rules that changed in 1987, which now require convicts to serve at least 85 percent of their federal sentences. Before, a federal parole panel would determine a parole eligibility date as the inmate entered prison.

"If you were a model citizen and did your time and didn't cause problems, more than likely when you were eligible, you'd be granted parole," said Jack Gillund, spokesman for the U.S. Attorney's Office in San Francisco.
Under current rules, "Chances are, yeah, he'd still be in prison today," Gillund said.

A crime victim may file a complaint against any employee of the Department of Justice who violated or failed to provide the rights established under the Crime Victims' Rights Act of 2004, 18 U.S.C. § 3771.

OVC complaint form from Office of Victim's Rights Ombudsman
http://www.usdoj.gov/usao/eousa/vr/index.html

How to file a complaint:
http://www.usdoj.gov/usao/eousa/vr/complaint/index.html
Two things one needs to know about the ombudsman.

1. your rights have to be violated specifically by a federal officer (FBI, etc.) for them to investigate, not just in a federal case.

2. One has extremely limited authority to compel any action in response even if one does determine a violation of a victim's rights.

I don't say that to discourage but to help frame expectations should Jaycee choose to file a complaint.

 

[Wise Old Owl]

I think Jaycee AND her family should file a lawsuit (not just a complaint). I don't care about our government or the economy. I would like to see this turn into the first BILLION dollar lawsuit - Lord knows this family deserves it all around - and I certainly don't see a problem with this administration paying it (they payin' for a whole lotta other chit that doesn't really matter)!

 

[Zuckerschnecke]

I'll "give ya" the parole -

I still wanna know what he did to "violate probation" and be put back in for 4 months. I REALLY REALLY REALLY REALLY REALLY want this question answered.

Why is this such a "secret"? We all know LE has so much egg on their faces over this ....but this stuff should be public record. Why are we NOT being told?

This may have since been addressed, but if you read sfgate.com today, there is an article that runs down his history inc. the parole violation. Looks like he served time for marijuana possession.

 

[Wise Old Owl]

Busted for marijuana
In 1993 - two years after he allegedly kidnapped Dugard - Garrido violated his federal parole by possessing marijuana. He served a stint in prison from April to August that year.

Powell said her agency was never informed of the violation and instead kept getting positive reports from federal authorities.

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/09/02/MNNS19GU6D.DTL

about half way down the page. So, he "possessed marijuana" - what were the circumstances surrounding that bust? I mean- he didn't just walk up to a cop and say "here, I have some pot".

And according to that article he did go behind bars and not just home confinement.

 

[ChaCha]

Gail Powell, a spokeswoman for the Nevada Department of Public Safety, said federal authorities at the time told the state that "his progress reports were good. I don't know the specifics, other than he was coming along nicely."

In 1993 - two years after he allegedly kidnapped Dugard - Garrido violated his federal parole by possessing marijuana. He served a stint in prison from April to August that year.



Powell said her agency was never informed of the violation and instead kept getting positive reports from federal authorities.


"We could have revoked him," she said. "We definitely would have done something."

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/09/02/MNNS19GU6D.DTL#ixzz0PyzgHQMb
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[Pink Panther]

I am so disgusted by how the "system" is supposed to work and how it just DOESN'T work! From his getting out of a 50 year term after just 11 years, to his bogus parole checks throughout the past 20 years. Revolting and embarassing to say the least! I hope a lot of heads roll here and that something is finally done to fix a system that is VERY OBVIOUSLY broken. This case enrages me because it could have been avoided if some common sense and some proper (real NOT BUREAUCRATIC) checks had actually been in place!

Who let this guy out in the first place? And what other stupid decisions has he/she made?

MOO

 

[ChaCha]

[ame="http://www.msnbc.msn.com/id/3036697/#32663869"]http://www.msnbc.msn.com/id/3036697/#32663869[/ame]

 

[Whisperer]

Does anyone know where he served those 4 months?

 

[Wise Old Owl]

Does anyone know where he served those 4 months?

Nope - there is still some "confusion" about this. We've heard he was just given "home confinement" and other accounts say he is "behind bars" - we don't know where.

 

[ChaCha]

According to these articles

The Feds didn't do their job and notify the State? The Feds really dropped the ball - they had him in federal prison for a parole violation and didn't think to notify the State?! And they sent in POSITIVE reports?!

According to RGJ.com:

A violation of Garrido’s parole conditions sent him back to federal prison in California from April to August of 1993, records show. But Dick Carelli, spokesman for the federal Office of Court Administration, did not know what Garrido did to violate parole.

Authorities are trying to piece together how and by whom Dugard was held during Garrido’s four-month prison stay in 1993, California investigators said.

And San Francisco Chronicle:
In 1993 - two years after he allegedly kidnapped Dugard - Garrido violated his federal parole by possessing marijuana. He served a stint in prison from April to August that year.

Powell said her agency was never informed of the violation and instead kept getting positive reports from federal authorities.
"We could have revoked him," she said. "We definitely would have done something."

California took over Garrido's parole supervision in 1999. He didn't record a single violation, said state parole spokesman Gordon Hinkle.

 

[Trino]

Because of crowded conditions, California is letting out 40,000 prisoners (court order) in the next two years. That's roughly 1600 per month or 1 out of every 4. The recidivism rate is 70%. Tell me some of those 40,000 aren't sex offenders...

http://www.latimes.com/news/local/la-me-prisons-brown6-2009aug06,0,3873678.story

 

[LinasK]

http://www.msnbc.msn.com/id/3036697/#32663869

I hope Wendy Murphy sincerely means it and sues the Parole Board. And she's right, why haven't we heard from NOW about this tragedy???

 

[nursebeeme]

Patrick McQuaid met Jaycee Lee Dugard shortly after her abduction. He told the Contra Costa Times that he thinks it was the summer of 1991 when a pretty blond girl who said her name was Jaycee talked with him through the chicken wire fence that separated their Antioch backyards. He remembers an adult male coming out and ushering her inside. Shortly after that a tall solid fence appeared, halting any communication.

McQuaid says he didn't see children at the house again until recently, when he saw two girls who looked to be eight and ten riding in Garrido's car. He took note of it, he says, because "Creepy Phil" as the neighbors called him, was a registered sex offender.

http://www.examiner.com/x-6741-SF-F...father-changed-Garrido-news-and-video-roundup

 

[Pink Panther]

Good to hear that Patrick McQuaid took note of it...Shame he didn't find it within himself to do something about it; given that he knew that "creepy Phil" was a registered sex offender. How many people in this case have performed as EPIC FAILS!???

Most of all - those in a position to do something at both a federal and a state level. SHAME ON THEM ALL!

MOO

 

[Pink Panther]

Wendy Murphy totally pizzes me off but I totally 100% agree with her that this family should sue. Sue! Sue! Sue! Every agency involved dropped the ball BIG TIME here and they should all be held accountable. What an embarassment! What a friggin' farce in the name of "protection". In fact, I think the entire "program" deserves a review and rehaul as a result of this case! Horrific!

MOO

 

[Shari_Gal]

Nope - there is still some "confusion" about this. We've heard he was just given "home confinement" and other accounts say he is "behind bars" - we don't know where.

he was transferred to home confinement for the remainder of his sentence for the parole violation until August 1993.

So he served a month incarcerated, in prison for the parole violation, then served the remainder of the 1993 4 month sentence in home confinement:

"He was arrested again in Apr. 1993 because of another parole violation. The next month he was transferred to home detention and relieved of supervision in Aug. 1993."


http://www.examiner.com/x-1168-Crime-Examiner~y2009m9d1-Jaycee-Lee-Dugard-case-Phillip-Garrido-admitted-he-was-overcome-by-fantasies-of-rape

When someone is found to have violated parole they are most often taken into custody, not house arrest.

A person can start out serving their sentence in prison, then finish the sentence in home confinement (maybe Garrido went back to court and told the judge he was needed at home to care for his aging mother Patricia)