Found Deceased CO - Gannon Stauch, 11, Colorado Springs, El Paso County, 27 Jan 2020 *Arrest* #49

[Love Never Fails]

https://twitter.com/spencer_wnews/status/1362907684744302592?s=21

Got the chance to sit down with @4thJudicialDA Michael Allen to talk about what this means for the case and next steps. He's fairly confident #LeteciaStauch intends to defend herself.

I'll have my full story tonight at 10 on @KKTV11News

She is an idiot. Jodi Arias part two.

 

[Love Never Fails]

https://twitter.com/spencer_wnews/status/1362907684744302592?s=21

Got the chance to sit down with @4thJudicialDA Michael Allen to talk about what this means for the case and next steps. He's fairly confident #LeteciaStauch intends to defend herself.

I'll have my full story tonight at 10 on @KKTV11News

She is an idiot. Jodi Arias part two.

The conflict hearing was conducted virtually, and Stauch appeared from a cell at the El Paso County Jail, wearing an orange jumpsuit and face mask. Gannon's father, Al Stauch, was also on the call.

The public was only present for the first few minutes of this hearing, before it went into a private session for around 30 minutes. Prosecutors were also not on the call during the conflict hearing. It was a discussion between the defendant, defense attorneys, and the court.

Then, when it was opened back up to the public, Judge William Bain said he was asked to address whether or not there is a conflict in this case. He said he will not make that decision, and will send the matter back to Judge Gregory Werner, who typically presides over the Stauch case.

Judge Bain said it will be up to Judge Werner's team to schedule another advisement. It has now been set for February 24, at 3 p.m. That will be an Arguello advisement, which local attorney Stephen Longo helped explain.

Longo said an Arguello advisement stems from a 6th Amendment case, regarding the waiver of counsel. An Arguello advisement is to ensure a defendant's waiver of counsel (whether permanent or temporary) is done knowingly, intelligently, and voluntarily. Mainly, Longo said they are used as a safeguard against an appeal if a defendant proceeds without counsel. It is not a competency issue.

Lead Prosecutor and District Attorney for the 4th Judicial District, Michael Allen, spoke with News5 following the conflict hearing. Since prosecutors were not present for the closed-door process of the conflict hearing, he could not comment on anything discussed during that time.

However, Allen did tell us what to expect in an Arguello advisement. While fairly rare, he said they happen often enough that his team knows how to handle it. The judge will ask specific questions of a defendant to make sure they understand what they are getting themselves into, by deciding to waive their right to counsel. "Any case, it's tough to represent yourself, especially a big case like this with lots of discovery. So, you'll hear questions from the judge, in all likelihood, along those same lines, as to making sure that the defendant knows what she's doing and is prepared to take that task on herself," said Allen during a Zoom call.

When Allen heard Judge Bain say the next court setting would be an Arguello advisement, it sounded to him like Stauch "is intending to represent herself. But I haven't heard that specifically from her, and she didn't say that in the courtroom, obviously when we were all present. It's just based off of the court making that representation that he would set it back to Judge Werner for an Arguello advisement, which is typically what that would be for," said Allen.

He also added it would be foolish to speculate on if this Arguello advisement means Stauch has fired her current defense team. A defendant can go through an Arguello advisement, and decide to retain counsel. "And that's why I say it's a little reckless to just speculate that there's some sort of a split, and it's absolutely going to be new defense counsel or something like that. We don't know that yet, and we shouldn't go down that speculation road too much," said Allen.
https://www.koaa.com/news/gannon-st...r-letecia-stauch-big-topic-at-next-advisement

In what world does she believe a juror would have sympathy for her? She didn’t kill her lover or husband, which would be horrific in itself. She murdered an innocent child. No one cares whether she has representation or if she represents herself. Let her go for it. Her penalty will be harsh but never harsh enough.

 

[Bogyo13]

Definitely Jodi Arias two! Looking forward to Eguardo called as a witness.

Joke aside, I hope this won't delay justice for Gannon!

 

[Love Never Fails]

Let’s take a look at the only two women that I could quickly find that represented themselves in a murder trial. I’d really like to find more. Anyone know if there are? I found plenty of foolish men. Only two stupid women. (1st one might not even count)
Moss murder trial, Day One: Defendant/lawyer silent as DA attacks

Georgia Lawyers Seek to Intervene After Brain-Damaged Defendant Permitted to Represent Herself in Death-Penalty Trial | Death Penalty Information Center

Toledo woman convicted of murder after representing herself in court

Don’t forget Jodi Arias, who quickly found out she wasn’t as smart as she thought, though she still wanted to run the courtroom. She was a nightmare for her attorneys, all of them.

 

[Love Never Fails]

I wonder if she can’t afford an attorney...

Her attorneys are paid for by the State. Jodi Arias had her attorneys removed, got new ones, and then wanted them removed. All paid for by the State. Her lead attorney finally BEGGED the court to remove him and the judge said no. She made life miserable for her attorneys and the State of Arizona paid the bill. She is locked away in prison and still has appeal attorneys trying to do harm. There is no end to her evil. This crazy woman, LS, is just like her.

 

[Error505]

Fortunately that's not how it works, in this Arguello advisement she needs to make "a voluntary, knowing and intelligent waiver of the right to counsel"
Also "Other factors considered by courts in determining whether the waiver was knowing and intelligent include...and whether the defendant was attempting to delay or manipulate the proceedings."

Simply put, she has to be advised about the implications of self-representation, be inquired about her knowledge of procedure and the Court has to make an objective record that a waiver of right to counsel is being made "voluntarily, knowingly and intelligently" the latter meaning "all facts essential to a broad understanding of the whole matter"

It's quite a high bar to meet from what I can see. She needs to be doing her homework if she wants to go ahead without counsel
(Quotes from Justia Law on People v Arguello")

You are an absolute wealth of knowledge. So appreciate your posts @Algo214

 

[Tealgrove]

Fortunately that's not how it works, in this Arguello advisement she needs to make "a voluntary, knowing and intelligent waiver of the right to counsel"
Also "Other factors considered by courts in determining whether the waiver was knowing and intelligent include...and whether the defendant was attempting to delay or manipulate the proceedings."

Simply put, she has to be advised about the implications of self-representation, be inquired about her knowledge of procedure and the Court has to make an objective record that a waiver of right to counsel is being made "voluntarily, knowingly and intelligently" the latter meaning "all facts essential to a broad understanding of the whole matter"

It's quite a high bar to meet from what I can see. She needs to be doing her homework if she wants to go ahead without counsel
(Quotes from Justia Law on People v Arguello")

So Leticia has had 2 evaluations that have come back indicating that she is competent to stand trial. Correct?

Just because she has been found competent doesn't mean that she is capable of defending herself - correct?

Is it possible that the Judge will deny the request? Is that common? Yes, she is competent to stand trial but is she competent to defend herself? That will be the question I'm thinking. Am I on the right track here?

TIA

 

[K9Enzo]

So Leticia has had 2 evaluations that have come back indicating that she is competent to stand trial. Correct?

Just because she has been found competent doesn't mean that she is capable of defending herself - correct?

Is it possible that the Judge will deny the request? Is that common? Yes, she is competent to stand trial but is she competent to defend herself? That will be the question I'm thinking. Am I on the right track here?

TIA

You pose a good question. I'm also curious what the law says on a defendant defending themselves in court. I have seen it before, but cannot think of one recent case. Of course Ted Bundy comes to mind, but that was years ago.

If the person defending themselves is not aware of vast laws, how do they know how to proceed? Who advises them? Do they get info from the Prosecution and vice versa as normal? I would think someone not qualified to do this would waste the courts time and the peoples time. What if the case has to start all over because of mishandling?

Yeah, if LS is going to attempt this, is it even legally possible? Interesting...

IMO

 

[Algo214]

You pose a good question. I'm also curious what the law says on a defendant defending themselves in court. I have seen it before, but cannot think of one recent case. Of course Ted Bundy comes to mind, but that was years ago.

If the person defending themselves is not aware of vast laws, how do they know how to proceed? Who advises them? Do they get info from the Prosecution and vice versa as normal? I would think someone not qualified to do this would waste the courts time and the peoples time. What if the case has to start all over because of mishandling?

Yeah, if LS is going to attempt this, is it even legally possible? Interesting...

IMO

There is a good youtube video that explains it from an attorney in the area, will ask if I can post it.

 

[Sillybilly]

There is a good youtube video that explains it from an attorney in the area, will ask if I can post it.

It's fine Algo214 .. Scott Reisch is an approved source at Websleuths.

 

[Algo214]

Thanks @Sillybilly

First 10:33 minutes is him talking about Letecia

 

[K9Enzo]

Thanks @Sillybilly

First 10:33 minutes is him talking about Letecia

Thank you for posting this. Attorney Reisch broke this down and explained it very clearly. Good info. IMO

 

[Megnut]

Betcha T thinks that, if she represents herself, she will get computer time to build her case.

Where she probably thinks she'd regain access to social media, where she desperately wants to defend herself, in the Court of Popular Opinion. She thinks she can win that case.

Just like she thought she was winning it when she had an audience.

I think she thinks she can talk her way out of anything. Not. Her. Fault. Given a platform, she'll vomit her thoughts -- she will blame, accuse, besmirch, slander, pollute.

I bet her attorneys have been completely unable to get T to shut her mouth long enough to explain what she can expect, going forward. Bet she shuts 'em down every time, doubt she's worried about LWOP but is INCENSED for the time she's been held, to date. No doubt she finds it unfair. You know, constantly violations of her Constitutional rights. She thinks, once people understand, she'll be free. Big Apology.

Which is why, I believe, the orders for competency happened. Judge, she won't listen to us!! If they get 60 minutes to prepare, I bet she eats 59.

If the Judge rules that she needs to keep her attorneys or somehow convinces her to keep them, she'll blame all of them for whatever sentence she gets. I think she thinks she's blameless.

That's not insane. But it's scarier than heck.

She is a defense nightmare.

JMO

 

[Algo214]

Betcha T thinks that, if she represents herself, she will get computer time to build her case.

Where she probabky thinks she'd regain access to social media, where she desperately wants to defend herself in the Court of Popular Opinion. She thinks she can win that case.

Just like she thought she was winning it when she had an audience.

I think she thinks she can talk her way out of anything. Not. Her. Fault. Given a platform, she'll vomit her thoughts -- she will blame, accuse, besmirch, slander.

I bet her attorneys have been completely unable to get T to shut her mouth long enough to explain what she can expect, going forward. Bet she shuts 'em down every time, doubt she's worried about LWOP but is INCENSED for the time she's been held, to date. No doubt she finds it unfair. You know, constantly violations of her Constitutional rights. She thinks, once people understand, she'll be free. Big Apology.

Which is why, I believe, the orders for competency happened. Judge, she won't listen to us!! If they get 60 minutes to prepare, I bet she eats 59.

If the Judge rules that she needs to keep her attorneys or somehow convinced her to keep them, she'll blame them for whatever sentence she gets. I think she thinks she's blameless.

That's not insane. But it's scarier than heck.

She is a defense nightmare.

JMO

5000% agree (yes reference to another nutcase)

moo

 

[Tealgrove]

Betcha T thinks that, if she represents herself, she will get computer time to build her case.

Where she probably thinks she'd regain access to social media, where she desperately wants to defend herself, in the Court of Popular Opinion. She thinks she can win that case.

Just like she thought she was winning it when she had an audience.

I think she thinks she can talk her way out of anything. Not. Her. Fault. Given a platform, she'll vomit her thoughts -- she will blame, accuse, besmirch, slander, pollute.

I bet her attorneys have been completely unable to get T to shut her mouth long enough to explain what she can expect, going forward. Bet she shuts 'em down every time, doubt she's worried about LWOP but is INCENSED for the time she's been held, to date. No doubt she finds it unfair. You know, constantly violations of her Constitutional rights. She thinks, once people understand, she'll be free. Big Apology.

Which is why, I believe, the orders for competency happened. Judge, she won't listen to us!! If they get 60 minutes to prepare, I bet she eats 59.

If the Judge rules that she needs to keep her attorneys or somehow convinces her to keep them, she'll blame all of them for whatever sentence she gets. I think she thinks she's blameless.

That's not insane. But it's scarier than heck.

She is a defense nightmare.

JMO

Absolutely! All kinds of perks will come her way and opportunities to escape.

I actually don’t think she wants to defend herself. She has an ulterior motive. She always does.

She is crazy as a fox. But much more dangerous.
MOO

 

[Cindizzi]

Not new information.
Spencer Wilson reporting on latest court appearance.
Remember he is the one who did the “Cousin It” back to camera interview with her 4 days after G went missing.

Like everyone here, I’m patiently awaiting Justice.
https://www.kktv.com/video/2021/02/...resent-herself-court/?traffic_source=Connatix
Stepmother accused in murder plot potentially trying to represent herself in court

 

[Niner]

Wednesday, February 24th:
*Arguello Advisement Hearing (murder & escape charges) (@ 2pm MT) – CO – Gannon Stauch (11) (missing Jan. 27, 2020, Colorado Springs; found Mar. 17, 2020 in Pace, FL., Santa Rosa County) – *Letecia Lynn (or Leann) Stauch (36/now 37) aka Letecia “Tecia” Lynn Hardin & Letecia Lynn Hunt arrested (in Myrtle Beach, S.C. 3/2/20) & advised of charges (3/5/20) & formally charged & arraigned (3/11/20) with 1st degree murder of a child under 12, child abuse resulting in death, tampering with deceased human body & tampering with physical evidence. No plea entered. Held without bond.
Charged (re-filed 3/20/20) with 2 counts of 1st degree murder (after intent & deliberation), 2nd degree child abuse resulting in death, 3rd degree tampering with deceased human body, 6th degree tampering with physical evidence & 8 counts of crime of violence (firearm, blunt instrument, knife or sharp instrument & causing the death of Gannon). Held without bond.
New Charges (filed 5/20/20) & charged (6/5/20) with solicitation to commit escape. $2K bond.
Case & court info from 3/2/20 to 1/22/21 reference post #826 here:
Found Deceased - CO - Gannon Stauch, 11, Colorado Springs, El Paso County, 27 Jan 2020 *Arrest* #49
2/17/21: Murder & escape charges: “Closed Door” Hearing was added on 2/19/21 for murder & escape charges about her request for new attorneys before Judge Will Bain. Divorce: Status conferencing hearing on 3/29/21 & permanent orders hearing on 4/30/21.
2/19/21 Update: Murder & escape charges: Judge Bain asks the attorneys to all announce their presence. A mention that Stauch is appearing via WebEx, in her jumpsuit & a mask. Now going into a private session for the conflict hearing. Judge Bain was asked to address whether there is or is not a conflict in the case. He’s not going to make that decision, and will send the case back to Judge Werner. Judge Werner’s team will schedule another advisement, potentially next week. The next hearing for Stauch will be an Arguello advisement. They are to ensure the defendant understands their rights before proceeding without an attorney into trial. An Arguello advisement, meaning the court is considering taking away her court appointed attorneys if she keeps dragging her feet. Her other options would then be hire an attorney...or represent herself. Arguello advisement hearing on 2/24/21 @ 3pm. And preliminary hearings on 3/11 & 3/12.

 

[NCWatcher]

Looks like the next hearing is 2/26, not 2/24

2/26/21
11:30 AM 1Hr STAUCH, LETECIA Hearing D212020CR3170 El Paso County DIV 15-ROOM S403 (South Tower)

2/26/21
11:30 AM 1Hr STAUCH, LETECIA Hearing D212020CR1358 El Paso County DIV 15-ROOM S403 (South Tower)



Colorado Judicial Branch - Court Docket Search

 

[Niner]

Thanks for the update @NCWatcher !

 

[Bbybluz]

Fortunately that's not how it works, in this Arguello advisement she needs to make "a voluntary, knowing and intelligent waiver of the right to counsel"
Also "Other factors considered by courts in determining whether the waiver was knowing and intelligent include...and whether the defendant was attempting to delay or manipulate the proceedings."

Simply put, she has to be advised about the implications of self-representation, be inquired about her knowledge of procedure and the Court has to make an objective record that a waiver of right to counsel is being made "voluntarily, knowingly and intelligently" the latter meaning "all facts essential to a broad understanding of the whole matter"

It's quite a high bar to meet from what I can see. She needs to be doing her homework if she wants to go ahead without counsel
(Quotes from Justia Law on People v Arguello")

Very detailed explanation thank you @Algo214!

So if I understand this correctly a person would have to prove they are completely competent to represent themselves verses play incompetent to sway a professional audience?

If a person is able to be granted self representation & had previously been denied incompetency. Can this previous “act” (I know there’s a better word but I can’t think of it sorry) be brought up in the trial against them in some way?

MOO & BBM