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garridrapeconviction

VIEWS: 27 PAGES: 34

Documents from the Nevada court file in the rape conviction of Phillip Garrido

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No.
1N

.31'Y;

'i i" t/
IN
AND FOR THE COUNTY OF WASHOT

Dept.

No.

THE SECOND JUDICIAL NISTRICT COURT'OF THE STATE OF NNVADA,

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--00-TH3 STATE OF NEVADA,

PLaintiff,
PHILLIP CRAIG
GARRIDO,

,,ii -\ I !- \.'

il;'if;
C:.EF{
UTY

8Y

9

Defendant.

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tryq!qluEIl
The defendant, PHILLIP CRAIG GARRIDO, is accused

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by rhe Grand Jury of Washoe County, State of Nevada, of fel0nies, to wit: couNT I: FORCIBLE RAPE, a violation of
NRS

200.363, ccmrnitted as follows:

to

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That the said defendant on the 22nd ar'd 23rd days of November, L976, or thereabouEs, at the Countv of Tt/ashoe, Stafe of Nevada, did wilfully and unlawfully have carna1
knowledge of KATHERINE GAYLE CALLAWAY, a female human being,

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forcibly

and against her will,

at 3245 Pri-ll Street in r,rini
NATURE,
A

storage unit 1f39, Reno, Washoe County, Nevada. TH]i INFAMOUS CRIME AGAINST COUNT II: violation cf NRS 20L.I9A, committed as follows:

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That the saici defendant on the 22nci and 23rd days of i'{ovember , L97 6 , or thereabouis , at the County of trdashoe, Stare of llevaCa, did wilf ully anci unlarvfully, being cf fuli age, commit an infamous crirne againsc nature, jn that the said defendant, by means of the iarmediate threat of physical force, did compel KATHERiNE GAYLE CALLAWAY to participate in
an acr of anal intercourse r.rith him at 3245 liill

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Street in

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mini

warehouse storage
COUNT

unic i/39, Reno,
A

Washoe County, Nevada

III:

POSSESSION OF

CONTROLIED SUBSTANCE,

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a violation of NRS 453.336, committed as folLows: That the said defendant on the 22nd and 23rd days of November, L976, or thereabouts, aL rhe Counry of Washoe, State of Nevada, did wilfully, unlawfuliy and knowingly have in his possession and under his dominion and control a Schedule I controlled substance, to wit, Narijuana, in the form of Hashish, and in the locse form.
DATED

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this /-

t*

day of December, L976
I-AP.RY

R. HICKS District Attorney

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As s is

tant

ief Criminal

Dep

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The following are the ne$les of witnesses examined

before the Grand Jury:
T,ATHEP,INI CAI,LAWAY

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IrAtI De]'+AFANVILLE
LLOYD W}L{LEN

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''NO TRUE BILL''
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lfs. str 8"9$4 Dept. i{o- } iri fi.lE SEeLl,Tii ,JUilrCiiil lllS?iitCl' i:0URT ,J.C TI..If; STATE OiI NE'fADA tii A#* ii.J;i 'tliE coulil'y *F ,Y*Asrio*
HOJ'iORABLE GRfu\'?

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L.

3OWEN, OIST}TICT JUAGE

-oOc - ,::i!:

ri.iE

STATE

OF :{EVADA,

F|LfF

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9
\,r

Plaintiff,
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.€
4LQV

lri

d m f#,'??
FE
].t-rv

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PHi_ttIP

CF-AI

GARRI DO

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Defendant

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TRfu\SCRIPT OF PROCEEDINGS

Arrai gnnent ReRO, Nevari;r
Decenber
APPEAiA'JCES:

E,

7976

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2A

For tire Piaintifi
!or ihe lefendant

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Reac, lleva<la
DCl( BATH

IO]'JALD K. COPPA leput,v District Aitorney

Renc, i-levada
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1 11e

De;;ut1' Public Defencier

Liefendant:

PHiLLIP CRAIG GA1IRIDO

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Repor-r-ed

l,r,

RICiiARD

A. i,giLLIAilS,

CSR

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iii:i;il,

I'i€?AilA,

'iCgl}XESbAY,
-

DLCIi'tB'=R
*

8, 1976, 1:4t)

P'l'{'

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TiiE eOURT: The next case i.s Phif

fip Garrido'

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ilR- COPPA: The State is readY' l&." BATH: The deferrdsnt !s ready, and is in cusro<l.v, yollr llonor. TiiE COUR?: Here is a cop)' of the iirdictnent, if

to
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yo* con't alrea<iy have oite. idR. B;ITH: No, .vour l{onor. Thank you' TtiE eOiiRT: Is the defenda:rt Ptrillip Craig Carriclo preseilt here in court? itR.. BATH :

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, Your Honor , he i s THE COURT: Is that Your true aame? TitE IIEFENDAijT: Yes, sirTiiE COURT: Fshat do *'e have here at ihis iirae? l"{R. BATiI: Your Hoacr, l'ie have a motion on fi'1e for two psychj.atrists to exa;line the riefeadant. And r have an o;:der hcre prepar-e,j. Anci we i:ave irad p;o-blems in--l'1r. Gar:-ido has beee u:rCer a great deal of stress, a:iti l+e have had sone problems conuprinicating- Aad rve '*ould like to ask tOat ;".e have tvio psychiatric exami.naiicns preparedTliE COURT: Ffel-l, anything ncre you woul<i like to te1l, ;ne about why I should grant the request?
Yes
n'lR.

-

BA?H

: :

Yes

, your iloiror.

l{e rt'oulrJ f irst l{ant to
an

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knov-

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THE

CO;JR'f

llas iie nad an-r' previous histor-y in

i ns ii tut ion

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liR.- tsATH: i.lo, 1'cur Ho:lcr:, lie has irol"

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T:iE aOURT

Ckay

- i'fhat eise then do ,;ou want?

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:i:i,

ii-.lf

ii:

Frc

iia want tL' iino$ firsr

Hilecirer he eair

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il$$ist us i ir cor-rrrseling, because oi glrn problts$lg tjliit r.rs itsrrc had in co**u:ricating witlr him fron i:rrle to tiB1B. Aacl ige also rgant to k;i'-r* wheiher he woulri be sonside::ed t+ be amerrahle as to tha heaLth, safery and noraLs of the cornnunity in general.,
anri- THE COURT:

At1 right.

t{e'll

use the reporr for

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9

both iastances then-

In the event that*-

illR_ COPPA: That' s correct , you. Honor, _A,ccord.ing

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to i'.{r' i:lal,toy, he xas ;rlso requesting u'ith respeet to the psychiatric exanination, the issue of wheihe:r this individual knew the difference between right aacl r*rong at the tirne of the offe*se' could aiso be considered--so that nultiple exarninatioas rgil1 not be necessary, but jrrst the cnes alread,v. Mr, Irialloy aske<i that one of the psychiatrists be locior Geror+. FlR, BATH: That's right. },le di.d contaci Doctor Gerow fro::r our of fice. would be the other? ]'{R. BATi{: Doctor Kuhn, your Honor- '
THE COURT: lfho
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THE C0URT: Hho do ,vou suggest

llR- BATH: Doctor Kuhn.
THE COURT:

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AI1 righrobjection.
Hoir

l"iR_ COPPA: irio

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long will

TllF COUaT- I don't even kncr"., him. A11 rightit take to get the report. now?
i'A__

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no

BATI{: i talked to Docior Kuha. Ooctor- Gerow -was noi did not know how long rt wouli be, but they- bcih asked " for arouirci ih i ri.y ileys , )/oriI- ilonor . TH; COI_iR?: Ch, I guess we coul<i continue i-t over untii Januar.,, J.0tn, one-:_liirr) - Ai1 righti'lR

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5:1TH

:

Tharrk

ti, ycr.ir rtonor. --o0o-,vc

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*F }f*!-;iiiA j ) fGtJN?y GF HAsrioE
.51'AT*

ss:

i, RI.*ARI) A. :tItLIAt-49, esR, officiar Reporter of 5 the secon'J Judiciar District court cf the State of lrevada, in 6 and f,or the County of lgashoe, do hereby certify: 7 Tiiat I was preseni in Depa:tne;rt No. 1 of the above I e*titied csurt on oecenber B, rgr6, and took verbatira srenotype I notes cf the proceedings had upon the arraignnent in the matter 10 oi the State of l\eYada plaintiff , ljs _ phillip Craig Garrido, " 11 Defendant, i'.io. 31g,964, and thereafter transcri.ued then into L2 typexriting as herein appears; 13 That the foregoing transcri-pt, consisting of pages I4 J' through 5' is a fulr' true and correct iranscri.pti,on of ny 15 steaot.].pe notes of said hearitrg.
4
L6

DATED: At Reno, Nevada, this lTth day of Secerqber,
1976-

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6*rA*&6-7n;W-"""(4,
R]ZH-AED-

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rr
Dept.. No.
TIIE STA"E OF
NEV,AD.*.,
:

i{o..

318964
S$COND JUDICIAL DISTRTCT COURT OF

If

HIE

IN

AND F,C]E THE COltNTr OF

I{ASITOE.

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THE.SAATE OF 1i
:' .:

IdE,VADA,

Platntiff;
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PHTiLIP

CRAIG GARRIDO,

Defendant-.
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i:,r.

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TRAr\SCRIP? OF PROCEEDINGS
CONTINUED ARRAI G}TSENT

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Before the Ilonorable John -til. Barrelt
Monday, Jamrary 10, !977

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I : 30 o'elock
FOR THE STATE OF NE-/A-DA: FOR TTIE DEFENDAJ{T:

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COLTRT B.NPORTER:

i.{ichael Malloy, Esq-, Deputy District AttorneY Ronald Bath, Esq., Deputy Public Defender

Judith Ann Schonlau

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etUR?: Garrido. l-rris is case n'Lsrtber 318964" enEitled, "The stace of Ne'rada ws. Pnillip craig GarrLdo'.'. |iould you ri-se, please? Are you Philti'p-* You
THE

{+

can be seated again

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Let rhe record show the defandant is present in court an<i represenied by Xr' Ron Batb, of the Publie Defender's office- i{r. Hichael Malloy, of the District Artorney's office, is present for the State, and apparently, counsel, the PurPose for being in eourt today has to do wifh a rePort on a psychiatric
:

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exaipination of Lhis defendant; is that correct? l'lR- BATH: That is eol:rect, Your Honor TliE COURT: I have to tell you I haven't had
chance to look at this file.
Can you

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tell me sornething about it? MR- MALLOY: Yes, Your i{onor- i'!r- Garrido raas, pursuant to cou::t or:der, examinec by rwo psychiatrists, Dr. Kr.rhn Ilowever, aad Dr- Gerow. Thei-r reports should be in the fileto iiaraphrase what they sa,v, and ia i+hat is relevant t-cday, l)r,, Kutn says that he has an understanding of the nature of the charges and proceedings against hin- He hes i:he capability to assist cotrnsel in the preParation of his defense, and Dr- Gerow arrives at the sane ccnclusicn, and so I would ask the Court to :lake such a finding. I don't belie-;e the defense is in a position to dispule that, and once that is done, I think'rr€ c?i1 €nt€ a piea. T:iE COURT: l'ft:. Balh ' f do ha.re tbe i\";o reports irom the psychiairists. Do ycu hawe cooies of thelrl boch, counse I'G.- ]'1,{I-LOY: Yes, Your lionor' THE COLRT: Orte of thern is addressed to 11or:' IvIr' Baih, and the Cou::t i-ras a coPYUP'.BAT-ri:Iwillbehappyiopl:oa'ide-'/ouri/ithth

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original, YoiJr Honorl.Jell, I think, apparenily, you delivered che order--or did lrou--to the doctor. i4R. BATH: No, Your tionor, ue just--r,re didn't, but he does a lot of juvenile work and all che juvenile records coae to me, and I chink that's probably the reason he sent che original- Eo me, rather chan to Ehe Court.
THE COURT:

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All right- Haybe you can rell hirn that on these things the originai eomes in here. l,lR. BATH: Your Honor, also, there is a letter in lhere to Judge Thompson in che Federal Court. Do you have a copy of that? --from Dr. Gerow. THE COURT: Yes- A11 right, the letter to Judge Thonpson--acparently, Lhey're both the s:me datei'lnat cor*ment do you hawe on what Mr, Malloy has
THE COURT:
s

t ateci

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iG.- BATI{: Basically, You:: Ilo:lor, r.rhat Mr- }Ialloy

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stated is correct, and we would submit the matter on the reportsTHE COURT: i.Ieil, the reports are consistent and to the effect that the defendant does -understand the naiure of the charges against hira; that he understands r-he difference bet-$reea right anC -";rong; that he's capable of assiscing counsei in ihe defense of this caseUnCer these circu*stances,

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is Lhe cpinion,

and

the iadepen<{ent oprnion of Dr- Charl-es Kuhn and Dr. Lynn Gero"r, both psychiatriscs, rnatter any iuriher,
case.
),iR

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27 28 29 30

there is no basis for the Court to refer: this
a.nd the Court does find -hat this

defendanr

is menlally corapeteni, legail-r

conDetent to stand trial

in ihis

BATii:

T-nank

vou, Ycur:

Hono;

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THE COERT: Now,

are we ready to proceed from

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lhere'?
HR- BATI{: Yes, Your Honor, lrre are.

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All right. If I undersEand correc,t'1y, ai Ehe origi:ral arraignment, i^rhich r.ias last nonth, the defend+nr .taas previded with a copy of the infornation--the infonnatio+ or the indietneni, I shoulrJ say" The info::raation sheet doesrr't,,rl shor* whether the inforn'ration eras read or the reading E/as r+aiwed, or what. C.an you-MR. BATII: Your i{onor, ..+e hawe been provided with a eopy of the indi-etment, and we are arrare of the contents there and I think at that iime we did, but at this tinre vre will re,affirrn it- We will r*'ai-ve the reading of the saEief:IE COUFJf: All right. Now, the reading of fhe indictnent having been waived, vrould you stand up, please, I4rGarrido? The Court advises you that a reasonabie tirne rnay be granted before your plea of whatever your piea is must be eatered I would ask yo',r at this time whether -you are ready to plead or '.sculd like tine TiiE
CO'JP.T:

THE DEFENDANT:

Yes, Your Honor, I am ready.

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7ou are charged in three counts, aad I vrould inquire rvhether the ciefenciant, l1r, Garrido,
THE CCURT: A11 right,

lir. Bath, inlends to enter one plea to all- three coiteis or what plea vre can expect, so I r,;rll kno'* r,;hai e--samination to m:ke. IR- BATH: IJe inten<i to enier the same plea for all three counts, Your i{onorTl]t COURT: A1l 1ight, \1::. CarriCo, l/cu are charge in Count- I with forcible rape, anci tire second count with infamous cr;ine against nature, and the rhrrd
cc'Lr.nf wi

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ii: -,oossession of

a

ccntro'l led substance, marijuana, ln thE fo:n of hashish.

Ilor"- do

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yor.l

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f

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5

plead to the entire indieEroent? Ti{S DEI'8NDANT: Not guil ty, Your Honor ' THE COITRT: All right, 1et Ehe record shor'r rhe defendant has entered a plea of nor guilt,+ to fhe entire indicr*

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ment, consistitlg of three eounts' l'lR. BATII: Now, Your Hoaor, trhere is a pending federal trial set for the middle of next nonth. I have explaine the 60-day rule Lo Mr. Garrido, and he understands the basis for rhe 60-day rule, and we will'waive it anc would ask that we can

10

set the trial

sooetime after March 28th'
THE COURT: A11

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right. 28th, it-self , Your

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MR- I{ALLOY: I{ow at'out March Honor?

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to corrmence 28rh, L977,

All right' Do you warrt to do thac? BATH: That's fine, Your Honor' "4R. THE COIIRT: This case r'oiil now be set for tlial at the hour of 10:00 o'cloek a.m,, on YrondaY, l{arch
THS COURT:
Ho'l',r

much time .oril1

it take, counsel?

I'{R.MALLOY:I!tried,Yourlionor'itr^;ouldtake
a week, I'ive
days
.

AlI right ' -iionor' l-fA. I'UILOY: Thank you, Ycur lliE
COLTP.T:

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i4P'- BATH: Thank You, Your Honor'

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sT'4T,8 Or NEVABA,
Couaiy of !!hshoe.

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ss.

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r,

Judilh Ann Schonlau

, offrcial Reporter

of.the

Second

:

irr$ciar District court of the state of Nevada, in and for the cormty,or rrasme,
OO..IIEN.EAY CERTIFY:

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No- Z of the above-entitled court on Monday, January 10, Lg77 aL the hour of , I:30 p-m.,
was present in Department

'

That as such reporter

I

of said day and tlat
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I

then anci tirere took verbatim stenotpy aotes of the

rl

proceedings

had r6xd

>Rjii$rF$Jrli€ffiExib5-fd$xiF6{-=tI6tf$trFSg.

l-n the case of

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I

The state of Nevacia v- phillip

craig Garrido, case No. 3Lgg641 to

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That the foregoing

transcripi, consisiing ol pages n,rmbered

fl

"fi
'uil
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ll

5
tJrp5r

uotn inelusive, is a

fu-[,

Lrue and correct transcriptioa of my said. steno-

nctes, so taken as aforesaid, and is a full, trne an{;oryeqt statement of
the above_entiiled

tJre proeeedings had ElrdFxdpflgI?tg6x€firytxFgt:rtEdi8!ffit(5f

r8fi
lt

action to the best of my loowledge, skilt and abiliry.

,tl
2r
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il

'n 'o

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DATED: At Reno, Nevada, this__g

ll

_ day of

Mav

, Ig 77 -

il,

aitl

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25ll

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IN TIIE
2
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SSCOND JUDTCIAL

DISIRICT

COTIRT OE

THE S"ATE OF NEVADA

IN

AND F'OR TIIE COUNTY OF WASHOE

4
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TEE STAf,E OF NEVADA,

No.

3

189 64

Plaintiff,
v.g. ' PHIITIP CP.AIG GAF.P,IDO. d*n i$

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Defendant.

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IJ

ENTERING
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AFFIDAVIT TO SHOW TFIAT DEFET.IDA}iT TS GUILfY PLEA VOLUNTARTLY WITH UNDERSTANDING OF TTIE NATURE OT TI{E CHARGE, AITD TIIE CONSEQTIENCES OF Ti{E GUILTY PLEA
PHIT,LIP CRAIG
G+.RF.INO

I,
a

, desire to enter I
FCRCIBLE
RAPE

plea of guiltY to the offense of violation of liRS ?(t0.363, a felon

COUIIT

as more ful}y alleged in the charge filed against

me'

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In entering iny plea of guilty I know and understand that I am waivinq my constitu--ional rights' I know and understand that inctuded vrithin those constitutiorral ri.ghts: I. 2- I waive mv rj-qht to trial bv irllfl, et which trial the state would have to prove my guilt of all elements of the offense beyond a reasonable doubL' 3. f waive the riqht to cgnfront my-3ggug=g, that is,l the right to confront and cross examine all witnesses who woutd testify at trial.
-l-

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I know that I have these coosLituti.onal complete satisfacti-on.

rights and
my

1

understand them. My attcrney has expJ-ained them to me bo I understand that ny plea of guilty rights
wai-ves those constitutional

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and any other constitutional

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7

riEhts that I might have. I unde:stand the charge against me and that the

elements
Novemher r did fl)

of the offense which lhe state

would

n"""

lt.,5.3XE Z:ra
daysof

o

be1,6p6 a reasonable doubt at trial

are that on c]ne/

q

LqI6, in the County of Washoe, State of Newada, wi1fullv
and unlawfullv

It)

(2) have carnal knowledge
Ca] 1awav,

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of aDd wi,th (3) Katherine Gavle a female human being. (4) against her will(sexual intercourse)

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I understand that I admit the al:ove elements of the offense by pleading guiILY. guilty I understand that the consequences of my plea of are that I may be imprisoned for a period fto* lrv.t.s

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>awr, and that I arll not eligible for life IreEx to I underprobarion - Lxfft16.EttsB$iLXl'eXEXFJdXyTtsXX.@ stand that Lhe maLter of sentencing is to be determj-ned solely by the Court, and bY no one elseMy plea 6f guilty is voluntary,
made under duress, and is not the resuft

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is not coerced .or of promises of leniencyme

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of the foregoing rights,

waiver of ::ights'

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element's and consequences, harre been carefulllz explaineC to I understand the charge against ine' the by *y attorneypcssiblepunishmentlmayreceiveaSaresultofpleadingguilty and I am entering rny piea of guilty volr-rntarily-

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f am signing Lhis affidavi-t ./oluntarily, under no duress, coercion, or promises of leniency, and r understand everything contained within Lhis affidavitDA?ED:

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rhis

7E

oay

of

March

Ls77

7

PI{ILLTP CRAIG GARRIDO

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9

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Defend

ant

r acknowledge that f have explained to my cu_ent, the defendant j-n this action: 1) the naiure of the charge against him, i-e-, rights; rights; ctrarEe, the e]ements of the charge; 2) his constitutional 3) ti'iat a plea cf guilty waives those constitutional and 4) the conseqrrences of a plea of guitty to the

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for '_-e-' the rarge of punishments and his erigi-birity probation, alr as more fully set forih in liis affidavitrn my opinion, my client understands Lhe nature of the charge against him and the consequences of a guilty plea_ plea of guilty is being made voluntarilyDATED: This fn my opini-on, his
March
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Aay of

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:]\
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No,

318964

Dept

.

I'lo.
OF'

II'I THE SECOND JUDICIAL DISTRICT COURT IN

OF THE STATE

NEVADA,

3

AND FOR IHE COUI.ITY OF WASHOE

4
5

****
TBE STATE OF HEVADA,

6
7

Plaintiff,
v.
PHITLIP CRAIG
GARRIDO.

FJIID

b13
AL€+

4

s P,fi'??
r,i, Cj-ER{

8
9

3Y.4

'/"Lu

Defendant.

*,fp:.;fi

10
11

ORDER
Based upon the Motion of the DisErict Attorney

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filed herein, and good cause appearing therefor, IT IS HEREBY ORDERED thAI COU]']T. II ANd COUNT III of 'the charges in the IndictraenL lio - 3\8964 filed against the above lamed defendant on December l, L976, be, and rhe
same hereby

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1-8

are dismissedtA DATED ctri"s fcA

day of April ,

L977

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2A

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Wrl/-l-#

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25

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27
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$ Y.n'

Lv,il

0'

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3

No

318964
SECOND

Separtment No.
JUDICIAL DISTRICT
COU}TT

4

IN T}IE

OF THE STATE OF NEVADt,

lN AHD FOR TIIE COUN?Y OF }TASfIOE
HONORABLE ROY

4
5

tET TORViNEN, PISTRICT JUDGE
-o0o-

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7

-, -it
f
'

ti
r qi

t*,'
i_=.

TiIS STATE OF NEVADA,

8
9 10 11

Pl.aintif f ,
-vs -

ELEX

PHIITIP C*AIS

GARRIDO,

Defesdant.

L?
13

l4
15

TRANSCRIPT OF PROCEEDINGS
CHANGE

OF PLEA

16
77 18 19
2A

March

g,

Ls77

Reno, Nevada

APPEARA}iCES:

For the Ptraintiff:

MICHAEL

2L

ltlashoe County Courthouse

Deputy

E. MALLOY District Attorney

22
23 24 25

Renc, Nevada

For the Defendant:

RONALD

Deputy Public Defender t9S South Sierra Street Reno, Nevada
CIIARLES
H

J.

BATH

26
27
2B

For the Departnent of Parole and Probation:
Reported by:

"

CRTIMP

tifficial
:

ROBYN DANE

29

Reporter

30

Transcript ion

GUYLA PLAYER

I
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REI'jO, NEVADA, I{EDNESOAY, }IARCH

g, lg?7,1:j0 p.t{.
Nevada versus

*o0oTHE COURT: The

3

stale of

phillip

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5
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Craig Garrido.
MR. BATH: The defendant

iE in custody, your
Neyada yersus phi11i_p

IlonorTHE COURT; The

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State of

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ber jfg964. tet th: record sho*r the defend.ant is present in Court represented by Hr. Bath. The State is represented by Mr. Malloy. There vas heretofore a not guilty piea entered on January r0, 1g77This is a motion at this tine, Mr. Bath? MR- BATH: yes, your Honor- t{e are here to ask the Court to entertain a change of plea in this caseTHE COURT: you rvant to sithd-rav the not guilty plea to a1I Counts? MR- BATH: yes, you- iionor, we do. lfe idant to *ithdrar+ the not guilty plea in all Counts.
Case Nu:

Garrido,

ite would like to enter a guilty pl,ea in this case pursuant to negotiations :rrith the District Attorney to one count

22

of forcible rape and with further negotiations that the District Attorney will disniss the other two counts at the tine of
sentencing.

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I think, then, that it r^rould only be proper to rrrithdrav the plea at thst Count. l{R- }noLLOy: It doesn't mat[er to me, your Hcno: " as iong as that's what the negotiations are" he,s going to plead guilty to forci.ble rape and the other wilr be disraissec_
THE COURT:
THE COURT:

30

Thatrs Count l?

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9

's right, your }lonor. TllE C0URT: Fursuant ro the negotj.a:i.ons of the District Attorney's office, it is your positiou that you will xithdrarr the not guilty plea ro ccunt r; is that correct? MR. BATH: That's correct, your Honor. TliE COURT: Mr. Garrido, have you had an opportuni to discuss this r+ith your attorney? THE DEFENDANT: yes, I haye.
l'{R. MALLOy: Th*t

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Is it your desire to vithdraw not guilty plea ro Count I, forcible rape? THE DEFENDANT: yes, your Honor, I do.
THE COURT: THE COURT:

your

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All right, that will be the order. The not guilty plea rril-l be withdrarrn anc the count r of the indictnent filed on December lst -- are you ready to enter a ner* plea to Count I at this time? MR, BATH: He are, Your Fionor. THE COURT: To the indictnent allegi.ng Count I, forcible rape on or about }iovember zznd or z3'rd, L976:- what is
your plea?
THE DEFENDANT:

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Guilty. you recite the negotiations again

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THE COURT: Woulci

for the record?
MR. BATH: Yes, Yor:r Honor. At the tine of

sentencing the Distri-ct Attorney "*il_1 disni.ss the other two charges pending against the defendant and there lras rlo further negotiations as far as sentencing.
MR. FTALLOY: Thar's right,

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27

Your Honor,

The

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29

infamous cri:ae Count which is Count II of the indi.ctment and possession of raari.juana charge rghich is Count III will be

30

ciisnissed at the time of sentencing.

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There are no co*mitmen:s eii,her as to the position

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thst the State vill take at tire tine of sentencing or any other clatt*r inroLving this case, lfhat I'n referrirg to is the fact that he has been prosecuted in a Federat Ccurt on a charge u'hich arises out of *hat happened the same night, and he's been found guilty by a jury in Federal Court, llhatever sentence the Federal Court gives l'{r. Garrido -- and naybe already has as far as I knox. That hasn't eatered in our discussion as to what to do here uith this guilty plea, and no representation has bsen made to hin by anybody that I knor* of as to whether the sentence would run concurrently or consecutively or anything el.se about the two
cases.

That's correct? MR. BATH: That's correct.
THE COURT:

lo
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the negotiations? THE DEFENDANI: Yes, Your Honor, I do. THE COURT: Ha''e you had a chance to talk to Mr'
THE COURT: Do you understand

Garrido?
MR. BATH: Yes, Your

22

lionor, I have" THE COURT: Are you satisfied rr-ith the

lega1

'24

25 26

representation you received frorn the Public Defender's Office? THE IiEFEHDANT: DefinitelY, I amTHE COURT: Flas there ever been any prornises inade te you other than those r:ecited by the attorneys to induce you to plead guiltY? THE DEFENDANT: No, sir:, Your Honor. THE COURT: Has there ever been any threats or coercion of any kind except foi'the fac't of the prosecution in

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this case to induce you to plead guil ry? THE DEFENDANT: No, sir, your Honor. THE COURT: Do you realize that by plea<Iing guil you are *aiving certain constitutional rights? IHE DEFENOANT: yes, sir' I ds. privirege against serf_incrininati the right to ptead not guilty and have a triar by jury, and the right to be confronted in open court by r*itnesses yho r+ill testify in support of the charges against you, and that you are xaiving those const-itutional rights?
THE COURT: The

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13

Yes, sir, your Honor. I doTHE COURT: l{ou1d you outline the offenses and the possible penalties?
THE DEFENDANT:

14
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MR. }IALLOy: yes, your Honor.

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18

Mr- Garrido is charged count r vith forcible 'n rape which he has arready entereci a plea of guilty to, and. to sustain that charge the state would have to produce evid.ence in court before a jury, evidence amount'ng to the proof

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beyond

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a reasonable doubt that on the zZnd and 23td d.ays of Noyenber of 1976 here in t{ashoe Count;r, Hr. Garrido had carnal knovrledge tshicir rneans sexuar intercourse with Katherine Gair ca1 loxay r,rho is a fenale hunaan being, anc that that interccurse was against the will of this Homan, Katherine Gail Calloway. The, possible penalties, since there is no allegation of substantial bod.ily injury, ar-e a tern of years ranging from a ninimum of fi.v-e to a maximum of r.ife in the State P:'ison 'j'he court can fix the senterce anywhere i.n that area- Probation is not avairabie anci the rnatter of hor+ long the sentence should be is entirelv up to the court and nobody

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else,

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with respeet to this thing, the elenents of the offcnse ** Mr. Garrido has been explained with a *ritten docupent entitied affidavit to show that he is entering his plea Voluntarily and understanding the nature of ttre consequenc of tbe plea. Now, Mr. Bath tells me that he has gone over this subject extensively with ilr. earrido, He certaialy understands that he has the right to a jury trial because he had a jury
Now,

trial in Federal Court,
Hoxever, there are a fer* things. You try to
do

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things right and something goes Hrong, of course, that ny secretary when she typed the affidavi-' that I'n talking about now, she put in here that the period of tine whi.ch the Court nust sentence is four years to life and that is a mistake. That should be five years to life as I've already said and tr asked Mr. Garrido to acknowledge that that Has a sistake as well as the fact that there are a couple of letters left out of r+ords. For example, Calloway doesn't have two 1's
and there is a few problens like that.

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If I coul-i ask that this be changed, Ird 1j.ke to file it, Your Honor.
ILC..

BATH: I have no objection to thi-s, Your Honor

L)

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25

Mr- Garrido, do you recognize that the mininum €erm i-"s five years?
THE COURT:

All right-

THE DEFENDANT: THE COURT: Do

Yes, Your Honor'

26
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you know the natur-e of the charge

and possible penalties?

29

30

Yes, sir, Your Honor' THF, COURT: Are you entering a plea of guilty because -you are guilty and for no othe:- reason?
THE DEFENDANT:

1 o 4

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yes, your HoncrTHE COURT: Do you understand that the exrent of the puilishnent vithin the linits sllorced by lax aad the possibility that the sentence rrill be ej.ther consecutive or concurent lrith any federal sentenc€.you na), serve is rrholly tcithia the discretion of the Court? THE DEFENDANT: yes, your ilonor.
THE DEFEiIDAIIT:

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Let the record shox a voluntary plea of guilt). testified in Court to Count I, t{e tvill set the nat.ter for April Il. MR- MALLOy: your Honor, may I change this
THE COURT:

affidavit and file it?
MR. BATH: He have no
THE COURT:

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objection, your

Honor,

Att ri.ght.
-o0o-

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S.T.AT$

OF $rVA}A, OF
HASHOE

l
) )

CO${-.XY

ss.

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5
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7

r' Rogy*'DANE, officiar Reporter of the second Judicial District courr of the staie of Neyada, in and for the Couaty of lrlashoe, DO HEREBy CERTIFy:
That I was present in Departnetrt l{usber 4 of the above-entitred court on }ted.nesday, the gth day of irarch ig77, and took verbatin stenotype notes of the proceedi.ngs had upon the change of plea in the marrer of TfiE srATE oF NEVADA, Plaintiff, vs- PHrLtrp cRArG GARRIDo, Defendant, Nunber 31g964,
and thereafter transcribed then into typewriting as herein appears;

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That the foregoing transcript, consisting of Pages 1 through 7 , is a full, true and correct transcri.ption of uy stenotype notes of said hearing.
DATED:
197?.

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At Reno, Neyada, this lgth

d.ay

of

March

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23

.><

26
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It,

rri rHE sECoND

r,.0*"

DrsrRICr couRT oF rFiE

dltu

oF NE'ADA,

IN AND rOR'IHE COUNTY OT WASHOE

MONDAY

APRIL

11

tl!,^"t_ 9:00 L.
TORVINEN

o'elock

A..

ir,4

PRESENT: IIONORABI'E

ROY

DISIRICT JI'DGE

ALEX COON, CLERK;
*r<i.***'l'tt'l

R. J. GALLT, SHERTFF.
*
No-

***r(

STATE OF NEVADA, Plaintiff'
vs.

PHILLIP CRAIG GARRIDO

Reporied
l i::

Defendant

*i.***tr<***tr

*

t<

*

*

*,

*

*

No sullicient canse being shown by Defendant as io *'hy judgment should not be Pronounced against binr, the Court rendered judgment as follorvs: That

Phillip Craig Garrido
RaPe

is Sdlty of the crime of

Count 1: Forcible

and that

he

be punished by imprisonment in the Nevada State Prison

for the term of

Life (With Possibility of Parole); thq!jhe,eentence run concurrently his s,Flntepce pefoge b*ange oQ terp on*i{evgda-gerltqnce;'* DefBnd4nt to $ede4p1 picked up by U. S- Marshall and trangPorted to ife.dqr^a.l Prison - 1a " A.pr-rr 'rz ' Tuesday \\TIEREUPON a recess was ta]:en u]rril '. - :"']lill ^t. o.nn 1 \lo'clock ".]l
A

be

--:-- -l-ai.:--a...1 !l---s / "Roy L. TorViiren / *rii.i;efl,{ ..i,: r.=P, I€--$ffi {*@&' :- :': ;:

-,::.'*)t ,r':J*i d-;"Efr
r iA#
cteriat€D coPY oF l!?Gf,15Nr CF lM?at50NV:51 15 'al NR5 176_325 cc -c -209 a

)N, CLI]Rii

,
+

DEPUTY

a'

tt* -

SI{ERTFF'S

OFFICE

)

couNT'Y oF WASHOE) STAIIE OF NEVADA )
RECEITED of R.
11

SS.
'i!

J. cALu,

Sheri-ff of Was
,

of Nevada, on tbis
GARRIDO

th 6y. e1 APP.It

1977

onePllrll-iP

to be commifted to the

^ Nevada-Ste.te Pri : , sgNTENtcrr.RuN- aon lor me term oI CCijc*..RREt"L- l.rffiT TO FEDERi-rr
P RTSON.

LTFE(':'JT?1J POSSTSILI"Y

OP PAROLE}: THA?
JV

THE

.'c.TD'TitA?'i'Ej puLFir,L .qJS :-'DDERAL SE\-IEN3: 3:FOR5 CAL".::CEtonttlmo-"i
FORCTBLE RA?E

YEAR's : .SPORTE

;{e*i-t&q;c.g!ry.:of

fihtrifHfi jog!qry{dq,@?-*f .r?,tdtot-lf CCy

t
1

No

5t 8964
COURT

Departrnent
OF THT STATE
WASHOE OF

No,

4

2 3

IN TT1E SECOND JUDICIAT DISTRICT

l'lE!-ADA

IN

AHD FOR 1'riE COUNfi OF

4
5

HOXORABTE ROY LEE TORVTNEN,

DISTRICT JUD6E

-o0o-

7

THE STATE OF NEYADA,

3.rc
J1 :.'

iB

?

r,s
t:

8
9

Plaintiff,
-Y5-

.JL:.u I I GARRIDO,

t0
11 L2
1a IJ

PHILTIP CRAIG

Defendant.

14 15

TRANSCRIPT OF PROCEEDINGS
SE}.TTENCING AND CONSIDERATION

OF PROBATION

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April 11, i977
Reao, Nevada

19 ?0
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APPEARAi\CES:

For the Plai.ntiff

:

MICRAET

Deputy District Attorney Washoe County Courthouse Reno, Nevada
R.O}'iALD BATH

E.

MATLOY

22
23

Fot the Defendant:

24
25

Deputy Publi.c Defendet 195 South Sierra Street Renc, Nevada
I"lR

26
21

For the Departloent of Parole an<i Probation:
Reported by:

-

i{cDONALD

28 29

Gfficial Reporter
GU}-LA PLAYER

BARBA-TA JO:{NSON

30

Transcripiion:

1

RENO, NIiVADA, MONDAY, AFRIL

11, 1977, 9:15 A.M.

2

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)

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7

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9

right. This is the Sta?e sf Neyada yersus Phiflip Craig Garrido, Case Nrsber il8964, Let the record shol that the defeadant is present in Court represented by Mr. Bath, the State is represented by Itlr. Malloy, acd !{r. McDonald is here yith the Parole and Probation Departnent.
THE COURT: A11

The Court has a copy of the presentence report

10 11

dated April 5, 1977.
Do you have

a copy of

tha-L?

L2

MR. BATH: Yes, Your Hsnor.
THE COURT: Has

IJ
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15

Mr. Garriric had a chance to read

it?
MR. BATH: Yes.
THE

16

C0URT: Do you have a quarrel rith
No .

the factual

eatters contained therein?
td

l'{R. BATH:

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THE COURT: Do

you have anything you would like to

say?
MP..

BATH:

Yes

.
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Fj-rst of all, we're not nakiag f ight of the ottensd that Mr. Garrido has pled g':ilty to. Howevel, I rould li kei to point out lo the Court that this is one of the things that took place acioss the state line and everybody is trying tol get a pound of his flesh, but he's presently under a fift YI year sentence ia the Federal, Jurisdiction.
Mr- McDoaal-d recomnended, and follor+ing the ser-lience and ailowing it'"o
r+e

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29

r+ould hope that

the Court would go aiong with the reconmendation, and, thai is, run concurrenEly with

30

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+
5

the fedcral tirae by proceeding under Cltapter 176. f 've talked this over witi: Mr. HalloT. It xould be our hope that the State of Nevada t+culd release custody of Mr- Garrido, if the Court sees fit tc run this concurrently,
through the Federal Marshall.

6
7

b o

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I'ye been inforned that- it will take approxiuately tr*s reeks and they will at that point in tine send hiu to the Federal insr:itution to begin serving his fifty year sentencc. Unfortunately, California is xaiting to go on the sane kidnapping and at this point evex--rbody should realize that tlrere is only so many years of sorneone's life to sentence
hi.sr.

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20

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I can relate Mr. Garrido's feetings that he's extretlelY rernsrseful over this thing. It's souething that happened vith extreme use cf ,3rugs. He's hoPing to benefit from *.he tine sPent in prison and to better hj-s life and I thiuk he's a candidate for the Courtts consideration in thi s llatter Mr. MaIloY? THE COURT: All right. Thalk you" Your Hcnor. l.{R - }'{.dLtCY : f dontt knor+ shieh of us Mr. Batir says is getting the impouad of flesh, the Federal Government or the State of NevaCa or both, but a^YvraY , I Goii't know that Irm getting an
inpound of flesh
--

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referring to Californla' I d.on't Eean to nake light of it either, but this is an extrer*eiy serious offense, but in any eyent, I did not comxr-it nyself tc take any position directly as far as the piea
He says hers

30

negotiations !{ere concerned on whether this should be concurreirt or consecutive sentence -

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4
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I do beliaye that i.t could be ccncurrent. I don't nind saying that in light of the fact of the sentence in the Federal Court and I assuifie that there xill be a hold placed on ilr. Gerrido if hefs releasecl ec the Fedaral autharities, and should he be paroled whj.ch he xili irndoubtedly be fron the Federal Pri.son, if he rrouLd not have been paroled fron the Nerada Prison by that time, he uil1 have ts cone back to the Nevada state Prison to serye whatever cine before.he is or isn't paroled.
you have a statute or compact a si.tuation like this, rrho takes it first?
THE COURT: Do on

10
11

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could take the first custody because hets i.n State custody and has been all along. The Federal Government has been taking hirc, renoviag hia fron the
MR- }'{ALLOY: }rle

County Jail just to take hin to Court.

16
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25

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In this case rce couid send hist directly to the Nevada state Prison and leave it up to the Federal 6oyernment to take hin frors there. As cror+ded as the State Prison is, it doesntt matter where he does his tine and ii\e Federal prisons aren't as crowded and I don't object to sending hin ts the Federal prisons first and haye the State of Neqada place the ho1ci, but I think the senteace should be for the crine coeraitted and nayb by the tine he's released he wonrt be so dangerous because rr.gh aou he's a daagerous man. MR. BATIi: Tour Hsnor, j.f I nay sa)r one thing. Mr. lvlalioy is correct. This particu-lar thing di,d cone up at the tine of seniencing irr';he Federai Cou:rt and Judge Thonpson said he coulri nct unrier hi.s rules run the sentence concu!'rent -rith the Nevada time and h= "*ould ieave that up to

I
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the District Court Judge if in fact the Disrrict Court Judge r*ished to do that, but he had nothing to run it colcurrent xith at that tixe.
THE COURT: Do

4
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7

you have anlthing, Xr. HcDonald?

HR. McDOTTIALD: No, sir, l'IR. XALLOY: Your Honor, lfr. Bath inforns ae that

8
9

he has to do a minisusr of two thirds of the Federal sentence before paroled and he got fifty years in the Federal prison on

10
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the Federal sentence. He wouiri be eligible for parele if the court gave hirn the sentence recoErmended here in Nevada after serving five years, statutory five )'ears. That doesnrt say he would get it but he r*ould be eligible, but f understand he vouldn't be eligible for paro-t,e until a later tine in the Federal prisoa,
THE COURT: Do

you have anything you v*ould like to

say.Mr. Garrido?

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Well, the only thing f do say is that I'm very fortunate that this happened go me because ny life was in a crash course. Before f eyer cane into using marijuana ny life was c1ean. I had no arrest record, but association with xrarijuana 1ec ne to harder drugs and ftve used LSD for the last seyen years and if it r+asn't for the drug LSD f wouldn't be here right now, but this has given me a chance to find souething nore iurportant than anythiag and that is God, and the nost important thing, I can straighten rny life out. THE COURT: Any lega1 reason r^rhy sentence shouLd not be iinposed ai this tine?
THE DEFENDANT:

MR. BATH: No, Your Honor"

29

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41l right'. Upon the entry o{ the plea of guilty to the
THE COURT:

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indictnent, Count i, forcible rape, a felon)., it is the judgrnent of the Court that the defendant is guilty and it is the serltence of the Court that he be sentenceC to the Nevada As I understand that statute, State Prison for a tere ef life. it is !.ith the possibility of parole, that he -- that the
sentence run concurnent with the sentence of the interstate

kidnapping by the Federal Govern*ent that I uaderstand is fift;r
)rears .

8
9

10 11

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ilR. BATH: Thar, is correct, Your Honor. Ti{E COURT: Anything further? MR- BATII: Only, You:- Honotr, that the record -- t order would harre to release the Nevada hold on Hr. Garrido to the Federal F{arshall in order to transport hin to the FederaL institution. froa the Federal Court, and it r*.i11 be the order of the Court that he fulfill the Federal sentence before required to paintain the balance of the term under the Nevada State seatence. MR. BATH: Thank you, Your i{onor. MR. b,IALLOY: Your Honor, may Counts II and III be
THE COURT: He

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was sentenced first

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disraissed?
THE COURT: A11

right"

Counts II and III will

be

disnissed.

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I r*ould iike to say one Eor€ thing that I dj.dn'i irant to say before, but I feel I will be able to be helped nore ir' the Federal prison because of the {acili.ties and psychiatric ireatmet-!. TFIE COURT: A1l right. MR- BATH: Thank you, Your Honor:.
THe DEFENDANT: Your Honor,
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STATE

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NEVADA,

COUNfi OF WASHOE.

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Off:'cial Reporter sf the and Secoad Judicial District Court of the State of Nevada' in for the County of l{ashoe' DO HERIBY CERTIFY: That I Yras preserrt in Department Nuraber 4 of the above-eutitled Court on Monday, the llth day of April 1977 ' and took verbatim stenetfpe notes of the proceedings had upon the Sentencing and Consideration of Probation in the matter I,
BARBARS JOHNSON,

Of THE STATE OF NEYADA. PIAiNtiff' VS' PHILLIP CRAIG GARR.IDO' Defendaat, Nunber 3r8964, and thereafter transcribed thenr into

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typewriting as herein aPPears; That the foregoing transcript, consistilg of pages 1 through 5, is a full ' true and correc." transcription of ny
stenotYlle Dotes of said heariag ' DATES: At Reno, Nevada, this L4th day of April
1_977 -

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