The case against Phillip Garrido is a strong one but a new development could mean the convicted rapist accused of kidnapping Jaycee Dugard and holding her captive for 18 years won't even go to trial.
A judge says Garrido's defense lawyer may try to have Garrido declared mentally unfit for trial.
El Dorado Superior Court Judge Douglas Phimister said the subject of a court-ordered psychological exam came up during a closed-door meeting he had Friday with lawyers for Garrido and his wife, Nancy.
The Northern California couple have been jailed since Dugard and the two daughters she bore Garrido resurfaced a year ago this month.
Phimister has scheduled an Oct. 7 hearing to determine if prosecutors have enough evidence to try them.
Public defender Susan Gellman did not address her client's competency in open court Friday. But she has described Garrido as mentally ill in earlier court papers.
Published at 9:03 AM PDT on Aug 21, 2010 | Updated at 9:15 AM PDT on Aug 21, 2010
Copyright Associated Press / NBC Bay Area