Found Deceased CO - Gannon Stauch, 11, Colorado Springs, El Paso County, 27 Jan 2020 *Arrest* #50

[imstilla.grandma]

I snipped a few notes from this long article...

A psychological evaluation of the person accused can provide information concerning the likelihood that an individual would engage in the behaviors alleged. There is a regularity to persons and a link between personality and behavior.

A shy, introverted, individual is unlikely (unless under the influence of drugs or alcohol) to tell loud jokes and become the center of attention at a party. This behavior would not be unusual in a histrionic, uninhibited extrovert.

An individual cannot be selectively crazy and a disorder cannot be confined to one singular situation or behavior. Normal, functional persons do not act in highly bizarre, unusual, and totally idiosyncratic ways.
...
A profile includes demographic data such as age, sex, and education, the modus operandi, and ambiguous personality traits such as "loner" and "low self-esteem." Data used to generate profiles are developed from clues found at the crime scene, information about the victim, forensic science reports, and witness statements. Profile evidence is usually not admissible in court,
...
Therefore, if the attorney wants to enter the results of a psychological evaluation into evidence, the proposed testimony must be differentiated from profile evidence. If it is defined or characterized as "profile evidence" it is unlikely to be admitted. To permit an adversary to characterize a carefully done psychological evaluation as profile evidence is a grievous error.

The proper response is to immediately object and then elicit testimony from the expert as to the difference.
IPT Journal - "Psychological Evaluations You Need for Trial: What They Can and Cannot Do"


Mental illness and/or mental fitness is not only relevant in a criminal proceeding; it may be relevant in a civil case as well. Civil court defendants, debtors and others brought before the court may suffer from mental disorders such as PTSD, Bipolar Disorder, or Borderline Personality Disorder. These disorders could affect the outcome of the case.
Court Ordered Psychological Evaluations — DML Psychological Services, PLLC

 

[Seattle1]

I snipped a few notes from this long article...

A psychological evaluation of the person accused can provide information concerning the likelihood that an individual would engage in the behaviors alleged. There is a regularity to persons and a link between personality and behavior.

A shy, introverted, individual is unlikely (unless under the influence of drugs or alcohol) to tell loud jokes and become the center of attention at a party. This behavior would not be unusual in a histrionic, uninhibited extrovert.

An individual cannot be selectively crazy and a disorder cannot be confined to one singular situation or behavior. Normal, functional persons do not act in highly bizarre, unusual, and totally idiosyncratic ways.
...
A profile includes demographic data such as age, sex, and education, the modus operandi, and ambiguous personality traits such as "loner" and "low self-esteem." Data used to generate profiles are developed from clues found at the crime scene, information about the victim, forensic science reports, and witness statements. Profile evidence is usually not admissible in court,
...
Therefore, if the attorney wants to enter the results of a psychological evaluation into evidence, the proposed testimony must be differentiated from profile evidence. If it is defined or characterized as "profile evidence" it is unlikely to be admitted. To permit an adversary to characterize a carefully done psychological evaluation as profile evidence is a grievous error.

The proper response is to immediately object and then elicit testimony from the expert as to the difference.
IPT Journal - "Psychological Evaluations You Need for Trial: What They Can and Cannot Do"


Mental illness and/or mental fitness is not only relevant in a criminal proceeding; it may be relevant in a civil case as well. Civil court defendants, debtors and others brought before the court may suffer from mental disorders such as PTSD, Bipolar Disorder, or Borderline Personality Disorder. These disorders could affect the outcome of the case.
Court Ordered Psychological Evaluations — DML Psychological Services, PLLC

Specific to LS, the Court did not Order a Psychological Evaluation.

LS's defense team requested a competency evaluation which is provided for by a legislative act. And LS evaluation was reported in the media to be Tier 1 request -- extremely thorough compared to what legislation suggests -- i.e., outpatient evaluation, and not to exceed 10 hours. If the accused is in custody - no revision in the hours but the accused evaluated by CMH-Pueblo. I think for the first evaluation, LS remained at CSH- Pueblo 21 days -- not confirming so MOO. I recall that the 2nd evaluation also exceeded 10 hours.

The defense team's request for a competency evaluation was granted during court proceedings Friday, meaning Letecia Stauch could be moved to the state hospital in Pueblo as soon as this week.

"The defendant is going to be evaluated for competency, which means that she will be evaluated to see if she understands the proceedings, the nature of the charges, the role of people in the courtroom including her defense council, prosecution and the judge," Deputy District Attorney Michael Allen explained to 11 News.

Under Colorado law, if a subject is found to be competent to stand trial, the case can proceed. If a subject is found not to be competent, they could be ordered to continue care under doctor's guidance, then return to court in 90 days for another hearing to determine competency. The process can be repeated indefinitely.

Letecia Stauch could be moved to state hospital this week; more testing underway on remains

https://leg.colorado.gov/sites/default/files/behavioral_health_issue_brief_1282017.pdf

 

[Seattle1]

I didn't include this in my earlier post because I couldn't recall if it was the Judge or the Prosecutor that also made a vague comment in court after LS's second evaluation. It was actually made by DA Michael Allen:

This was Stauch’s second competency examination. The first, conducted by a hospital, also determined she was competent to stand trial. Her defense demanded another evaluation. The prosecution conceded, and it turns out the prosecution got its way at the end of it all. As things stand, Stauch will likely face a jury for allegedly murdering Gannon at their home on January 27, 2020, while the rest of the family was out.

Also of note at the Tuesday hearing was that there was additional security requested after the second mental evaluation.

El Paso County District Attorney Michael Allen (R) kept the reasoning behind this vague.

“That was just a concern that came up in the second competency evaluation, and then I’m going to leave it at that,” he said. “I don’t want to share those details at this point. It would potentially would create some issues for us in court.”

Jan 20, 2021
Letecia Stauch Once Again Found Competent to Stand Trial in Alleged Murder of Stepson Gannon Stauch

 

[Pianoturtle]

Here's the way I see it.

1. Judge Miller said he read the competency reports to substantiate his impression of LS's previous "theatrical" performance. I'd argue that's an inappropriate use of sealed competency reports generated for a different matter under a different judge.

2. He noted one of the reports was "the most thorough" he's ever seen. Why make that kind of editorial comment from the bench? Judges usually don't make those sorts of comments about expert reports unless they must make some sort of ruling regarding an expert report in a case before them.

2. He revealed the reports showed "no significant symptoms of mental illness." That's absolutely revealing content that had not been revealed before.

The purpose of the evaluations was only to determine if LS was competent to stand trial. Not to speak to the presence/absence of mental illness except so far as the presence of mental illness could interfere with her ability to understand the charges against her and to aid in her own defense. So the fact she was ruled competent by Werner doesn't tell us whether she has a mental illness. It just tells us Werner believes she can understand the charges and aid in her defense.

Let's not forget that every single defendant ever found "not guilty by reason of insanity" was deemed mentally competent to stand trial. In some cases, perhaps they really weren't competent. In other cases medication or other treatment may have rendered them competent since the crime occurred.

My point is not that LS is (or isn't) mentally ill. Nor do I have reason to think she will mount an insanity or diminished capacity defense (or that she would have had she retained her public defenders.) My point is it was not up to Miller to reveal what the reports said, reports of evaluations that were done solely to help Judge Werner determine her competency to stand trial in his courtroom. Reports that were ordered sealed by Werner. If Werner thought the public and the potential jury pool should have the information Miller chose to reveal, he would have revealed it himself. So far as I know, he did not.

3. I don't see why Miller thought it was appropriate to describe in detail LS's "theatrical" behavior in an earlier hearing. That is, I guess it was in a hearing. I'm not sure why or where Miller would have observed her otherwise. But why was he in an empty room with her? (Is he sure she wasn't referring to lots of people in the courtroom when she was alone in a room connected to tbe courtroom by WebEx?) Why was her previous behavior relevant to the current property division hearing?

I had never seen details of a theatrical performance (of that sort) by LS at a hearing reported in the news before. Did Miller think it should have been reported before? Is it possible it wasn't because no one else saw what he saw? Where and when did the performance occur and where was everyone else at the time?

And since when is he a mental health expert able to determine her "detachment from reality" is unusual? And at least with what we've read here, whether or not she was "feigning mental illness" isn't terribly relevant to the matter before Judge Miller, is it? IF he had doubts about her competence to proceed in the divorce matter, why did he grant the divorce in Sept before her competency was determined by Judge Werner?

Specifically the news blurb said:

"Judge Miller described the behavior he observed from Letecia, saying it was like no other "detachment from reality" he has ever seen. He mentioned a time when she was in an empty room, but said it was full of people. Judge Miller also claimed he watched her chasing what seemed to be invisible butterflies. He compared her actions to The Three Stooges. The judge believes she was "feigning mental illness," and decided that if she is competent to proceed in her criminal case, she is competent to proceed in this civil case. "We'll press on," said Judge Miller."

4. Obviously Judge Miller had to address LS's absence. And he had to decide what to do. But why not just say something like:

"LS has been found competent by Judge Werner in another matter in this county. Therefore, I believe she is competent to proceed in this matter as well. She has made the decision not to attend this hearing. That is her right. We will proceed without her."

Instead we get (in effect, not his actual words, of course) "She's faking mental illness but acts as nutty as the Three Stooges, how dumb is that? And those reports of her mental evaluations were good, I'm telling you. One was especially thorough. Can't fool those people. They said they didn't find anything wrong with her mentally even though i saw her claiming to be surrounded by people when in an empty room and she seemed to be chasing invisible butterflies. Not dragonflies but butterflies! What a kook, but not mentally ill. I'm telling you, I know. That's not how people who've lost touch with reality act. So let's roll."

JMO. And maybe only mine ;-)

My assumption is that LS was behaving that way at the divorce hearing at the end of March. As far as I found, there was no reporting on that appearance, thus nothing was said about her behavior until now.

 

[Seattle1]

My assumption is that LS was behaving that way at the divorce hearing at the end of March. As far as I found, there was no reporting on that appearance, thus nothing was said about her behavior until now.

The divorce petition was filed last Sept and the hearing on 4/30 was the final wrap according to AS. Reporters have stayed away from covering the family matter except for this time-- AS invited reporters to the final hearing as provided by Spencer Wilson:

Spencer Wilson
@Spencer_WNews

We’ve tried to stay clear of covering Al and #LeteciaStauch’s divorce considering it’s a domestic case, but this morning is different. Al asked reporters be here, so I’m here. He’s expecting today will be the last day for this.

7:49 AM · Apr 30, 2021 from Colorado Springs, CO

 

[NCWatcher]

My assumption is that LS was behaving that way at the divorce hearing at the end of March. As far as I found, there was no reporting on that appearance, thus nothing was said about her behavior until now.

Thanks @Pianoturtle. I knew not at all the divorce proceedings were open or covered by the press. But I don't think I knew there was a divorce hearing in late March (and don't remember seeing it on the court docket.) I still maintain it was odd for Miller to discuss from the bench his personal "impressions" of one of the parties' behavior at a previous hearing. And think it was even odder if the previous hearing was a closed hearing or was simply not covered by the press.
JMO

 

[Seattle1]

Thanks @Pianoturtle. I knew not at all the divorce proceedings were open or covered by the press. But I don't think I knew there was a divorce hearing in late March (and don't remember seeing it on the court docket.) I still maintain it was odd for Miller to discuss from the bench his personal "impressions" of one of the parties' behavior at a previous hearing. And think it was even odder if the previous hearing was a closed hearing or was simply not covered by the press.
JMO

I think the divorce itself was not difficult and accomplished mostly by remote video hearings until the recent, finalizing divorce hearing where AS alerted the media.

EPCJ is responsible for the custody of LS including when she appears in court. It seems information about LS behavior last week was being discussed inside the courtroom even before the hearing began --Reportedly, the court clerk even questioned AS about LS being in a wheelchair. IMO, we learned about this only becasue reporters were present in the courtroom before the judge entered.

Earlier, I recall EPCJ requesting guidance from the Court on what they could release about LS in response to media requests. Perhaps they've (MSM) already made a request for the surveillance showing LS chasing butterflies or whatever theatrical performance.

Perhaps a message to reporter Spencer Wilson would shed some light?

 

[Seattle1]

Lance Benzel[URL='https://twitter.com/lancebenzel']@lancebenzel[/URL]


NEW: Will #LeteciaStauch get lawyers after all? Upcoming hearing suggests the end of her bid to represent self.
@Csgazette
's latest on court case in killing of @GannonStauch



Stepmom in Gannon Stauch case due for court hearing
The stepmother accused of killing 11-year-old Gannon Stauch is due back in court this week for what could be the end of her two-month stint acting as her own lawyer.
gazette.com

12:25 PM · May 3, 2021· PT

 

[Seattle1]

[O14] Order re - Appointing Office of the Public Defender

https://www.courts.state.co.us/user... Appointing Office of the Public Defender.pdf

 

[Seattle1]

[P24] Notice of Endorsement of Witness for PREL Proof Evident Presumpt G

And now we know -- HH is a witness for the STATE.

https://www.courts.state.co.us/user...PREL Proof Evident Presumpt Great Hearing.pdf

 

[Dre]

And now we know -- HH is a witness for the STATE.

https://www.courts.state.co.us/userfiles/file/Court_Probation/04th_Judicial_District/El_Paso/Stauch/[O14] Order re - Appointing Office of the Public Defender.pdf

Wow! That’s huge. Last I heard she was still fighting for her mom.

Lance Benzel@lancebenzel


NEW: Will #LeteciaStauch get lawyers after all? Upcoming hearing suggests the end of her bid to represent self.
@Csgazette
's latest on court case in killing of @GannonStauch



Stepmom in Gannon Stauch case due for court hearing
The stepmother accused of killing 11-year-old Gannon Stauch is due back in court this week for what could be the end of her two-month stint acting as her own lawyer.
gazette.com

12:25 PM · May 3, 2021· PT

didn’t she fully give up her ability to retain a lawyer, I thought that’s what the judge had to run by her over and over again?

 

[Seattle1]

Wow! That’s huge. Last I heard she was still fighting for her mom.



didn’t she fully give up her ability to retain a lawyer, I thought that’s what the judge had to run by her over and over again?

Yes but I think she gets a break because this decision/announcement comes prior to the preliminary hearing -- and she's not yet appeared before witnesses or jurors.

 

[Dre]

Yes but I think she gets a break because this decision/announcement comes prior to the preliminary hearing -- and she's not yet appeared before witnesses or jurors.

Could reinstating lawyers continue to push back the trial date? What a rollercoaster. Part of me feels some relief in the idea of her having a lawyer again, someone to at least try to keep her on track.. the less shenanigans the better to bring this justice we’ve all been needing for Gannon.
Thanks @Seattle1 for your links and continual wisdom

 

[Error505]

[P24] Notice of Endorsement of Witness for PREL Proof Evident Presumpt G

And now we know -- HH is a witness for the STATE.

https://www.courts.state.co.us/userfiles/file/Court_Probation/01st_Judicial_District/[P24] Notice of Endorsement of Wins for PREL Proof Evident Presumpt Great Hearing.pdf

Huge news on HH being a state witness! She’s the only witness listed for the state for the prelim hearing who’s NOT a LE I noticed. What do y’all make of that? To me it says hugely important state witness! I wonder if this revelation was new to LS and that helped her change her mind about representing herself. Purely speculation on my part. Pretty shocking news on HH imho. MOO

 

[Seattle1]

Letecia Stauch may get new attorney in murder trial after dismissing previous counsel - KRDO

 

[Seattle1]

Huge news on HH being a state witness! She’s the only witness listed for the state for the prelim hearing who’s NOT a LE I noticed. What do y’all make of that? To me it says hugely important state witness! I wonder if this revelation was new to LS and that helped her change her mind about representing herself. Purely speculation on my part. Pretty shocking news on HH imho. MOO

IMO, HH is a cooperating witness for the State. I recall from the AWA that HH was not so much willing to talk, earlier.

 

[Dre]

I PRAY that HH has come around, all the way. I didn’t have much hope of that, but it’s excellent news. It’s been 15 months since his murder, and that’s a lot of time to process what you’ve just been put through and what you need to do to sleep at night. Moo

 

[Sweet Tooth]

This story still makes me so sad. As much as I want Letecia to get what she has coming to her and have justice for Gannon....there is nothing that will bring Gannon back and it makes me so sad. When I think about how he was a teeny tiny struggling preemie as a baby and fought so hard to live at such a very, very young age only to have his life snuffed out while still so young. Makes me cry every time I think about it.

 

[Seattle1]

Could reinstating lawyers continue to push back the trial date? What a rollercoaster. Part of me feels some relief in the idea of her having a lawyer again, someone to at least try to keep her on track.. the less shenanigans the better to bring this justice we’ve all been needing for Gannon.
Thanks @Seattle1 for your links and continual wisdom

The request to re-appoint the Public Defender's Office to represent her came from LS (she sent a letter to the Court). The lawyer(s) will appear on Weds - May 5.

I don't know who the lawyers will be this time around but I think we should expect a delay for the preliminary hearing nonetheless.

Reportedly, the Prosecution expects to call FBI agents as witnesses during the preliminary.

MOO

 

[Algo214]

I can't access the us.gov websites and it bothers me, I wanted to see the document for myself.

So she asked for representation to be reinstated? She came around?
Could it be because "even" a Family Law Judge has her number?

This is a blessing for everyone involved, and the public too.