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Lawyer: Indictment May Keep Dugard From Testifying

PLACERVILLE (CBS 5 / AP) -- Jaycee Dugard and her two daughters may be spared from having to testify in open court next month against the couple charged with kidnapping and Dugard and holding her captive in a home near Antioch for 18 years.

A defense lawyer for one of the suspects said Wednesday he has heard that El Dorado County prosecutors convened a grand jury that indicted Phillip and Nancy Garrido this week.

Stephen Tapson, who represents Nancy Garrido, said the move eliminates the need for a preliminary hearing where a judge would decide if there was enough evidence for a trial. That hearing had been scheduled to start Oct. 7.

Tapson said he has not seen the grand jury's transcripts or been formally notified of the indictment, so does not know if Dugard or the two daughters she bore Phillip Garrido appeared before the panel.

(Copyright 2010 by The Associated Press. All Rights Reserved.)

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