Letecia Stauch, stepmom and murder suspect in Gannon case, in KS jail Wednesday
11 News spoke to a Colorado Springs attorney March 2 after the stepmother's arrest to ask how the case moves forward if Gannon is never found.
"The fact that they were so confident in bringing first-degree murder charges along with several other charges, including tampering with a body, tells me they have plenty of evidence," David McDivitt told reporter Danielle Kreutter.
"They've all been working behind the scenes to build a case that allowed them to make these charges this morning, so there's no doubt in my mind they have a significant amount of physical evidence. To say, 'Look, we don't think we're going to find him alive, and we have also charged his stepmother with first-degree murder and tampering with a body,' these are very serious charges. These are as serious as charges can get, and prosecutors do not make these charges unless they feel like they have the evidence they need to win in court."
If Gannon is never found, McDivitt said the public only needs to look back to last year for an example of a case where prosecutors got a murder conviction despite never finding the victim.
"We've seen as recently as Patrick Frazee ... it can be done without a body, and there's no doubt in my mind the prosecutors have enough evidence where they feel confident to move forward with these charges."