Garrido Competency Hearing Could be Delayed
Philip Garrido's attorney is asking for more time to sift through materials for the accused kidnapper's mental competency hearing.

Public defender Susan Gellman gave notice in court documents made public Friday that she will ask the El Dorado County court for a continuance at their next hearing on February 3rd.

Garrido's mental competency jury trial is scheduled for February 28th, it will determine if he is competent to stand trial in the kidnapping and assault of Jaycee Lee Dugard. If he is found incompetent to help in his defense, he will be sent to a state hospital and treated until he is deemed competent.

In her filed document, Gellman says she has received "many thousands of pages of discovery", the most recent package was delivered two weeks ago and included more than six hours of recorder materials. At the time of her filing this motion, Gellman had not received the latest opinion from a doctor who examined Garrido. This is the second doctor to evaluate him.

The public defender also said she is consulting with an expert on whether or not proper grounds exist to ask for a change of venue for the hearing, and there are issues that need to be considered which will take about nine weeks to work out.

At the February 3rd hearing, the Judge is also expected to rule on whether monthly phone calls between Garrido and his wife Nancy will resume. They were stopped earlier this month after the Prosecutor alleged the couple was talking about the case. Nancy also faces kidnapping charges in connection with Dugard's capture and assault.

The Garrido's are accused of kidnapping Dugard when she was 11 from her South Lake Tahoe home back in 1991, and holding her captive until she was discovered in 2009.