Found Deceased CO - Gannon Stauch, 11, Colorado Springs, El Paso County, 27 Jan 2020 **ARREST** #48

[DTPeke]

Answering my own question. Perhaps I just assumed she was already there? It was reported that a competency eval was requested back in June, it was suggested that it could take 90 days so they scheduled a hearing to hear the competency report/results for September. So, I naturally assumed she was taken to Pueblo in June.

I made the same assumption. I was quite happy thinking she was locked away there, in my mind in a straight jacket!

So possible August 7th hearing coming up then September.

Below is an article with more details.

I am not understanding the part about seeing if she has been to a state mental hospital. (bad reporting or do they mean in the past? probably me: brain fuzzy, I have not posted in a while it was a struggle)

I would also think the autopsy would be completed. Sad to think of the state of his remains.

Letecia Stauch's lawyers say mental competency test to be completed soon
When the evaluation was ordered in June, prosecutors asked the judge to have the competency test be Tier 1 because of how much attention this case has with the judge agreeing with that statement. That meant it had to have been completed in 21 days, but it was not discussed why she has not been evaluated yet.

A review date for Stauch's evaluation is set for Aug. 7 to see if she has been to the state hospital. If the evaluation is completed by then, the next court appearance is scheduled for Sept. 8 to see if the evaluation has been completed

Prosecutors said in Friday's hearing they have filed subpoenas to get her mental health, medical and employment records from Fort Carson and Academy District 20 to help establish her current mental state.

The judge did not rule on the subpoenas after the defense objected it would not fall within establishing competency, but asked prosecutors to provide case examples where these records were obtained before an evaluation was completed.

Both the defense and prosecutors are waiting for the autopsy to be filed from Florida.

ETA: oh I see if she has been there yet......I guess due to Covid etc. (not in the past)...duh

 

[Lbitts]

Capacity to perform these evaluations at the state hospital was already an issue. That’s even with the ongoing expansion of the facility which I think started this year or last. Anyhow I’m sure covid hasn’t done the timing any favors.

 

[Cindizzi]

Letecia Stauch's lawyers say mental competency test to be completed soon

 

[MtnMama]

Both the defense and prosecutors are waiting for the autopsy to be filed from Florida.

BBM

Can someone please explain what in the world could be taking so long?? Even figuring in delays for COVID & toxicology, this seems like a ridiculously long time! Please don't let them botch anything!!!

MOO JMO

 

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[Seattle1]

Stepmother accused of murdering 11-year-old Gannon Stauch expected to be moved to Pueblo hospital

July 17, 2020

EL PASO COUNTY, Colo — Letecia Stauch, who is charged with murder in the death of her 11-year-old stepson, Gannon Stauch, will be moved to a state hospital in Pueblo to undergo an evaluation to determine whether she's competent to stand trial, according to KRDO, our partners in El Paso County.

During a status hearing on Friday, KRDO reports prosecutors said they expect Stauch to be moved early next week.

[..]

Stauch was originally set to appear in court for a preliminary hearing in early June, but the hearing was delayed due to concerns raised by her attorney over the novel coronavirus. Instead, she was in court for a status hearing to determine how the case moves forward.

At that hearing, everyone wore a mask due to COVID-19, except for Stauch, who sat chained in the courtroom clad in an orange jumpsuit flanked by two El Paso County deputies. Throughout the hearing, Stauch's hair covered her face, shielding it from the view of others in the courtroom.

Gannon's father, Al Stauch, sat in the front row of the courtroom, while Gannon's biological mother, Landon Hiott, listened to the hearing over the phone.

On June 5, defense attorneys submitted a motion, which is currently under seal, regarding Letecia Stauch's mental competency.

The court ruled that there isn't enough evidence to make a decision about her competency, so an evaluation was ordered.


The judge then explained that Stauch would be evaluated by psychologists or physicians and warned her that anything said during those evaluations could be used in court proceedings. He also said that if she was found incompetent, she would be committed and the criminal trial proceedings would be put on hold.

[..]

Letecia Stauch faces a new criminal charges accusing her of plotting to escape fromt he El Paso County Jail.

ETA: From the video report at link -- all prosecution on hold until the competency hearing complete. Also charged on Friday with solicitation to commit escape after telling another inmate of her plans to break the window in her cell.

 

[Seattle1]

Letecia Stauch's lawyers say mental competency test to be completed soon

July 17, 2020

The defense said Stauch's competency evaluation will be done next week or the following week.

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.

 

[Ontario Mom]

Letecia Stauch's lawyers say mental competency test to be completed soon

July 17, 2020

The defense said Stauch's competency evaluation will be done next week or the following week.

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.

Let's all hope that that, never happens.

 

[nyvictoria]

No doubt she will try to put on a great act but I have every confidence she will be found competent to stand trial. I hope for Gannon’s family’s sake, this evaluation is completed on schedule so a trial date can be set.

 

[Seattle1]

Letecia Stauch to undergo court-ordered competency evaluation

July 17, 2020

At Friday's hearing, the defense also noted that they had not received the autopsy report for Gannon. Prosecutors said they were waiting to get the report from Florida medical examiners and as soon as they got the documents, they would provide them to the defense.

Earlier this week it was revealed that Stauch is facing a new charge related to an alleged plot to escape from the El Paso County jail. At Friday's hearing, her attorneys waived an advisement for that charge.

Bail on the charge was set at $2,000 even though Stauch is being held on other charges, such as first-degree murder, that make her ineligible for release.

 

[nyvictoria]

Given Florida’s Sunshine Law, will Gannon’s autopsy report be available to us?

 

[Seattle1]

BBM

Can someone please explain what in the world could be taking so long?? Even figuring in delays for COVID & toxicology, this seems like a ridiculously long time! Please don't let them botch anything!!!

MOO JMO

I wish a reporter would inquire about this delay. Florida is known to be efficient with both ME report and toxicology results earlier than expected.

Has it been reported if GS remains returned to his family yet?

All I can think of is that defense ordered their own exam and autopsy....

ETA: No evidence per the May 12 motion to continue the preliminary hearing that defense has made requests that would delay report. Back to square one...

 

[Seattle1]

From the D-10 Motion to Continue to Preliminary Hearing filed on May 12, 2020:

III. THE DEFENSE HAS NOT RECEIVED NECESSARY DISCOVERY THAT WILL BE AT ISSUE DURING THE PRELIMINARY HEARING AND PROOFEVIDENT, PRESUMPTION-GREAT HEARING.

a. The autopsy report in this case has not been discovered to the defense. Despite their efforts to obtain it, the prosecution has provided no timeframe for when the defense can expect to receive the autopsy report. Therefore, the defense has not been provided with details or documentation related to the cause of death, manner of death or any of the vital information contained in the autopsy report. Once the autopsy report is received, the defense will require more time than is allotted before the currently scheduled hearing to review, research and prepare to litigate the results contained therein during the preliminary hearing in this case.

b. Among other missing pieces of discovery, DNA results are still outstanding on a number of key pieces of evidence, and have not been disclosed to the defense.

https://www.courts.state.co.us/user... to Continue Preliminary Hearing_Redacted.pdf

 

[BeachSky]

Letecia Stauch's lawyers say mental competency test to be completed soon

THIS is not an insane person!
Totally the opposite IMO.
A very SANE evil, calculated person. Fast talking, blame shifting, gaslighting, word salad flinging anything that will stick. Interesting how she says “WE”.Like she has an “army of people” defending her...her lawyers, her family, her flying monkies, whatever. According to her...L.E has troubling vocabulary. Gannon’s mother has too much presence at the house .An excuse for everything. She is a victim. She is an innocent. Wow.

MOO

 

[heart8788]

https://www.courts.state.co.us/user... to Continue Preliminary Hearing_Redacted.pdf

320 witnesses so far

 

[Cindizzi]

Crime Online article by Leigh Egan :

It’s unclear why Stauch still has not yet been transferred to the state hospital.

During Friday’s court hearing, the prosecution requested access to records to send to the mental health evaluator. Prosecutors also filed subpoenas to get access to Stauch’s previous mental health, employment, and medical records.

Stauch’s defense attorneys argued that her previous records “would not fall within establishing competency,” according to NBC 5. The judge didn’t make a ruling on the records but did ask the prosecution to shows examples of other cases in which a suspect’s records were acquired prior to a mental evaluation.

Gannon Stauch: Alleged killer stepmom finally on her way to state mental hospital

 

[NoSI]

This is just some competency related info published by the
Colorado Mental Health Institute at Pueblo...

Forensic Services

Looks like there were big changes made in March 2019 due to Senate Bill 19-223...

More on Senate Bill 19-223:
Actions Related To Competency To Proceed | Colorado General Assembly

 

[NoSI]

Colorado likely to face millions in fines amid continuing mental health violations

Published March 2020

The number of the most severely ill pretrial detainees on a wait list for competency restoration roughly doubled in mid-April, and wait times likewise spiked, Colorado Department of Human Services figures show.
...
In its 2011 complaint, the plaintiffs said that scores of criminal defendants were held for up to six months in county jails before receiving court-ordered mental competency evaluations or treatment — later branding it a “human crisis.”
...
In January, the state admitted approximately 100 patients for restoration treatment at the Colorado Mental Health Institute at Pueblo. By the end of April, that number had declined to 50 to 60, according to Werthwein. Meanwhile, the number of severely ill people on a wait list for restoration climbed into the 30s by mid-April, roughly doubling in a month, according to figures provided by his office.

Colorado likely to face millions in fines amid continuing mental health violations

No way she can be declared incompetent...

 

[Seattle1]

Crime Online article by Leigh Egan :

It’s unclear why Stauch still has not yet been transferred to the state hospital.

During Friday’s court hearing, the prosecution requested access to records to send to the mental health evaluator. Prosecutors also filed subpoenas to get access to Stauch’s previous mental health, employment, and medical records.

Stauch’s defense attorneys argued that her previous records “would not fall within establishing competency,” according to NBC 5. The judge didn’t make a ruling on the records but did ask the prosecution to shows examples of other cases in which a suspect’s records were acquired prior to a mental evaluation.

Gannon Stauch: Alleged killer stepmom finally on her way to state mental hospital

From the same link, On June 9, 4th Judicial District Judge Gregory Werner approved the defense’s request to have Stauch undergo a mental competency evaluation, which will determine if she’s competent enough to stand trial.

I recall at the time the Judge approved the defense's request, the hearing was supposed to be "Tier 1" requiring LS evaluated in 21 days.

It was not discussed at today's hearing why LS was not evaluated according to the initial order. Sounds like the fire was lit today though...

Letecia Stauch's lawyers say mental competency test to be completed soon

 

[Bogyo13]

Oh I thought she was already in the hospital (ideally kept in the suit and only given water and bread JMO)

Also surprised on the autopsy, what can take that long?

I hope they release him to his family soon to be laid to rest. Poor family