CO - Gannon Stauch, 11, found deceased, Colorado Springs, El Paso County, 27 Jan 2020 *Arrest* #54

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Very unfair that she is allowed to sit and hide behind a monitor and also away from her attorneys. Why is she allowed to distance herself from two people who are representing her? Both defense attorneys were rolling their chairs over to her. o_O imo, moo
Actually, this is the same place LS has sat during every hearing where she's visible via WebEx. I noted this before the trial ever started. I don't see it changing. Given her history, the alternative is for LS to sit in a holding cell in the courthouse. MOO
 
EVERYONE was suspicious of LS. We all knew.
I'm not at all ashamed to admit I did try really hard to give her the benefit of doubt at the time.
I wanted Gannon's missing status to be a mistake, and that he'd be home in no time.
I no longer give the benefit of the doubt in cases like this and Gannon's case is a huge reason why.
 
OK, as expected, LS is seated as far to the right as possible where you can see only her head but her upper body is hidden by a monitor.
She can wear a paper bag over her head . . . but that won't save her. She's done. The trial has barely begun and (IMO) she's done. Her behavior in the court room, with the monitor, just points to her guilt.
 
The thing is, I am not sure that the jury will receive instruction specifically on what constitutes insanity. It becomes a version of the "reasonable person" rubric, in which the jury itself decides whether the person was insane. Hallucinations are one way of showing that, but perhaps not the only way?

The DA did explain it a bit today, and below is the insanity section from the Colorado standard jury instructions. Even if anybody is convinced she has multiple personalities, I don't think even that qualifies as a condition that "grossly and demonstrably impairs a person’s perception or understanding of reality."

I:01 AFFIRMATIVE DEFENSE OF INSANITY

The evidence in this case has raised the defense of insanity, as a defense to the crime of [insert name of offense(s) here].

The defendant was insane at the time of the commission of the act if:

1. he [she] was so diseased or defective in mind at the time of the commission of the act as to be incapable of distinguishing right from wrong with respect to that act; or

2. he [she] suffered from a condition of mind caused by a mental disease or defect that prevented him [her] from forming a culpable mental state that is an essential element of a crime charged.

But care should be taken not to confuse mental disease or defect with moral obliquity, mental depravity, or passion growing out of anger, revenge, hatred, or other motives and kindred evil conditions because, when an act is induced by any of these causes, the person is accountable to the law.

In addition, “diseased or defective in mind” does not refer to an abnormality manifested only by repeated criminal or otherwise antisocial conduct. + Evidence of knowledge or awareness of the victim’s actual or perceived gender, gender identity, gender expression, or sexual orientation shall not constitute inability to distinguish right from wrong.

Similarly, “mental disease or defect” means only those severely abnormal mental conditions that grossly and demonstrably impair a person’s perception or understanding of reality and that are not attributable to the voluntary ingestion of alcohol or any other psychoactive substance. “Mental disease or defect” does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.

The prosecution has the burden to prove beyond a reasonable doubt that the defendant was not insane at the time of the commission of the act. In order to meet this burden of proof, the prosecution must disprove, beyond a reasonable doubt, both of the above numbered conditions.

After considering all the evidence, if you decide the prosecution has failed to meet this burden of proof, then the prosecution has failed to prove that the defendant was sane at the time of the commission of the act, which is an essential element of [insert name(s) of offense(s)]. In that event, you must find the defendant not guilty and have the foreperson sign the designated section of Part A of the verdict form to indicate your verdict.

After considering all the evidence, if you decide the prosecution has met this burden of proof, then the prosecution has proved that the defendant was not insane at the time of the commission of the act. In that event, your verdict concerning the charge of [insert name(s) of offense(s)] must depend upon your determination whether the prosecution has met its burden of proof with respect to the remaining elements of [that] [those] offense.
 
My fears on the ngri is because of a case here in Canada Vince Li the guy who beheaded the greyhound bus passenger he he was found ngri he was out I think 8 yrs later. But this is so totally different and her lawyer I don't know what to say . Tomorrow is going to be very rough we are going to learn more then we want to but this is going to lead to justice for Gannon jmoo
 
My fears on the ngri is because of a case here in Canada Vince Li the guy who beheaded the greyhound bus passenger he he was found ngri he was out I think 8 yrs later. But this is so totally different and her lawyer I don't know what to say . Tomorrow is going to be very rough we are going to learn more then we want to but this is going to lead to justice for Gannon jmoo
we know most of it already.
We do not know who knew or when they knew only that it was all too late for Gannon.
Preliminary Hearing

 
My fears on the ngri is because of a case here in Canada Vince Li the guy who beheaded the greyhound bus passenger he he was found ngri he was out I think 8 yrs later. But this is so totally different and her lawyer I don't know what to say . Tomorrow is going to be very rough we are going to learn more then we want to but this is going to lead to justice for Gannon jmoo

Wow, I remember that one. Very disturbing.
 
Seeing this picture and hearing Gannon in the video the night before it was taken expressing his worry for his burns is wrecking me.

I can’t imagine she gave him any pain relief, not even one tablet of Tylenol, let alone burn cream, bandaging it, etc. An 11 year old would have no idea how to make it feel better. I can just picture him being in pain throughout the night, wondering if it was ever going to feel better, silently crying for his mom or dad to come save him, worrying that he was going to be in trouble if what he did was “found out”, and a whole bunch of other things that I imagine was running through his mind that I don’t want to find words for. I fear this picture isn’t showing a sweet sleeping boy, but one who simply passed out from exhaustion after a painfully (emotionally and physically) long night.
 
Murdaugh’s trial lasted 6 weeks. But I don’t get it with LS. As far as I know, she has NOT been determined to be legally insane by the state. The defense says she is, of course. Is the jury being asked to determine her sanity? I’ve not seen a case like this in my own state, where the defendant’s sanity is in question, yet they proceed to trial. Here a defendant would plead “guilty but mentally ill” and the judge would determine the sentence, typically confinement in a mental health institution.

Either she’s competent, or she’s not. The judge found her sane enough to go to trial. Her lawyer is admitting she killed Gannon.

I guess I couldn’t sit on that jury, as the NGRI just doesn’t fly with me. If she passed enough sanity checks to make it to trial, and she committed the murder, she’s guilty.
I agree, really shouldn’t even be a trial….just a sentence. I didn’t realize Murdaugh’s trial was that long even though I listened to a lot of it. I’m from Pa also and just don’t recall any trails going so long.
 
I agree, really shouldn’t even be a trial….just a sentence. I didn’t realize Murdaugh’s trial was that long even though I listened to a lot of it. I’m from Pa also and just don’t recall any trails going so long.
That’s was happened here in PA with Laurel Schlemmer. She drowned her kids in the bathtub. No trial. Found guilty but mentally ill of third-degree murder. Judge said that her mental capacity was diminished by her illness, meaning she couldn’t form the specific intent to kill that was required of the first-degree murder conviction prosecutors sought. But still guilty.

I have always been impressed by the court system in Colorado, particularly in high-profile murder cases like Frazee for the murder of Kelsey Berreth. Lately, not so much. The Morphew case, now this mess with Stauch. Underwhelming.

I get it though, it is due process and how it’s done in Colorado. The jury will see right through LS.

May justice prevail for Gannon.

jmo
 
Cook is arguing that all the evidence that will be presented by the prosecution will in fact prove not that Stauch was sane, but rather, insane at the time of Gannon's death.

"These are all signs and evidence of a mind, a soul, that is broken in the most fundamental and profound way. It's so broken, it doesn't even know what it was doing," Cook said.
Yeah, we got a big problem here, Cook...

Manufacturing Eggy (aka Eguardo).

Looking up the name of an actual felon on the police blotter from a totally different date, to toss him into the fire instead of Eguardo, not knowing the guy was already in jail at the time she was calling him a rapist..

Sending Harley to the store for cleaning supplies.

Lying to Laina, Al, the entire community, Spencer Williams to his face.

Renting another car.

Driving cross country.

The hours it took to violate poor Gannon's body.

I mean, you gotta give Cook a small portion of credit for going out there with bravado, but... IMO he HAD might as well go home now.

If he can tie a lifetime of purported childhood sexual abuse to killing a 9-year-old, he'd be a genius... he's gotta be planning on trying to fool the jurors with an Eggy defense, doesn't he???
 
Just catching up with reading here! You all have some really insightful posts!
I heard the opening statements and was very impressed. Short and to the point. Defense opening wasn't as bad as I thought it was going to be. Imo, they don't have a heck of a lot to work with. Nothing will ever bring Gannon back, but I sure hope his family will have a measure of peace when this is over. I hope she is locked away for the rest of her life and forgotten.
 
Even if anybody is convinced she has multiple personalities, I don't think even that qualifies as a condition that "grossly and demonstrably impairs a person’s perception or understanding of reality."

I was wrong about this. The defense attorney Cook said DID does automatically qualify as insane. Ugh.
 
I was wrong about this. The defense attorney Cook said DID does automatically qualify as insane. Ugh.
But having ANY mental illness does not mean the person was impaired by that illness at the time of the crime enough that they didn't know what they were doing and couldn't form intent.

It's not sound logic. It's 'if this, then that'. Which is not good enough for a court of law.

People with serious mental illnesses are convicted of crimes every day, because it's entirely possible to be mentally ill and commit a premeditated, coldblooded crime.

MOO
 
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