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

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  • #901
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?

MOO & BBM
Sniped.

As far as I'm concerned, even if they would seem contradictory on the surface, they don't have anything to do with each other.
Competency to stand trial assess the understanding of:
- The charges
- Implications of being a defendant
- Roles of the parties involved (Judge, defendant, prosecution)
- Ability to assist their attorneys in the defense

Whereas the Arguello advisement assess the "broad understanding of the whole matter" from how to address the court, to how to question witnesses, cross examine, etc.
It's important to note that it says "broad understanding" i.e you don't have to be a criminal lawyer, or a lawyer at all but you'd have to prove you know the very basics.

She knows **** IMO.
 
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  • #902
Sniped.

As far as I'm concerned, even if they would seem contradictory on the surface, they don't have anything to do with each other.
Competency to stand trial assess the understanding of:
- The charges
- Implications of being a defendant
- Roles of the parties involved (Judge, defendand, prosecution)
- Ability to assist their attorneys in the defense

Whereas the Arguello advisement assess the "broad understanding of the whole matter" from how to address the court, to how to question witnesses, cross examine, etc.
It's important to note that it says "broad understanding" i.e you don't have to be a criminal lawyer, or a lawyer at all but you'd have to prove you know the very basics.

She knows **** IMO.


Thank you so much @Algo214 for explaining.
 
  • #903
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

Last sentence BBM. I'm not an attorney so I'll defer to those who are like @Algo214.

But I will note we don't know how she "acted" during her evals. And how she acted should be irrelevant so far as the criminal charges against her go. That's why it was so weird the judge allowed the first eval to be taped and shared with the state. (An action he later un-did.)

I suspect it was her attorneys pushing for the competency evals, not LS.
JMO
 
  • #904
Last sentence BBM. I'm not an attorney so I'll defer to those who are like @Algo214.

There should be some rule about evidence and competence evaluations but I don't know it off the top of my head (ofc, since I don't practice anywhere near Colorado or the US for that matter), but I'll check it out during the day.
My lawyer-gut says that's irrelevant (thus, not admissible) since it was ruled on fwiw.
 
  • #905
  • #906
Justice is coming, Gannon.
 
  • #907
Friday, February 26th:
*Arguello Advisement Hearing (murder & escape charges) (@ 11:30am 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.

2/24/21 Update: Arguello advisement hearing moved to 2/26/21.
 
  • #908
Today’s the day. Waiting to hear more.
 
  • #909
  • #910
I imagine that the competency testing was ordered because her defense team CANNOT WORK WITH HER.

Think about it. She's in jail, separated from AN AUDIENCE, all she has is all that time IN HER HEAD. We got a small sense of what it's like in there from her interviews. G had the key, the gate, cut his foot, because Albert's tools, because flower box, and bandaging on the side of the car, good to go.

And Eguardo and Kleenex in her knickers and her constantly violating constitutional rights. Atrocious grammar. Broomsticks and peanut butter.

I imagine that, when her attorneys TRY to talk to her, she instead tries to do all the talking. How can they create a defense or even advise her of what to expect if they can't get a word in edgewise?

I think she wants to fire them because SHE doesn't want to hear ANYTHING they have to say. I think SHE THINKS she's been misunderstood, and once everybody realizes Eguardo did all this and she was just a loving parent loving, she'll get that apology. I don't think she is CAPABLE of understanding the brevity of what she's done, only what she PERCEIVES as having been done to her.

Talk about an IMPOSSIBLE client.

My guess, she wants to take the stand. So she can say nearly a year's worth of saved up dialogue. No defense would allow that! Because it would open her up to cross examination by the prosecution! I'm betting that every time her defense team tells her why it'd be A VERY BAD IDEA for her to take the stand, she tells them that she has constitutional rights! Which of course she does -- it's surely in her best interest to say as little as possible, to let her attorneys speak for her! She just can't not talk!!!

If her attorneys could say so, I imagine what they're thinking is, "can someone please muzzle her so we can tell her what she needs to know and do so that she can have the fairest trial?" That's their job!!!! Which IMO SHE'S not letting them do!!

Too busy talking about mean peanut butter messages.

She makes Jodi Arias sound sensible.

JMO
Dear @Megnut
I always look forward to your posts, especially following Sweet Gannon's case.
You are spot on, IMO with all the above statements and the twist of humor you add to it even though it is all true !!
#justiceforGannon
 
  • #911
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  • #912
Spencer Wilson @Spencer_WNews 7m
We’re anticipating this will be the discussion #LeteciaStauch has with the judge about her apparent request to represent herself. Won’t be closed to the public like last time. Hopefully, after today we can confirm all of that and stop using words like “apparent.”
Quote Tweet
4th Judicial DA @4thJudicialDA 17m
Stauch hearing is scheduled at 11:30 today, Division 15. DA Michael Allen will be available to the media in front of the court house at the conclusion of the hearing. Questions: Howard Black, 719-520-6084.
 
  • #913
This is gonna be a dumpster fire.

#Justice for Gannon.
 
  • #914
I imagine that the competency testing was ordered because her defense team CANNOT WORK WITH HER.

Think about it. She's in jail, separated from AN AUDIENCE, all she has is all that time IN HER HEAD. We got a small sense of what it's like in there from her interviews. G had the key, the gate, cut his foot, because Albert's tools, because flower box, and bandaging on the side of the car, good to go.

And Eguardo and Kleenex in her knickers and her constantly violating constitutional rights. Atrocious grammar. Broomsticks and peanut butter.

I imagine that, when her attorneys TRY to talk to her, she instead tries to do all the talking. How can they create a defense or even advise her of what to expect if they can't get a word in edgewise?

I think she wants to fire them because SHE doesn't want to hear ANYTHING they have to say. I think SHE THINKS she's been misunderstood, and once everybody realizes Eguardo did all this and she was just a loving parent loving, she'll get that apology. I don't think she is CAPABLE of understanding the brevity of what she's done, only what she PERCEIVES as having been done to her.

Talk about an IMPOSSIBLE client.

My guess, she wants to take the stand. So she can say nearly a year's worth of saved up dialogue. No defense would allow that! Because it would open her up to cross examination by the prosecution! I'm betting that every time her defense team tells her why it'd be A VERY BAD IDEA for her to take the stand, she tells them that she has constitutional rights! Which of course she does -- it's surely in her best interest to say as little as possible, to let her attorneys speak for her! She just can't not talk!!!

If her attorneys could say so, I imagine what they're thinking is, "can someone please muzzle her so we can tell her what she needs to know and do so that she can have the fairest trial?" That's their job!!!! Which IMO SHE'S not letting them do!!

Too busy talking about mean peanut butter messages.

She makes Jodi Arias sound sensible.

JMO

Yes 1,000% ALL of the above!! ^^^^^^^^^^^^^
 
  • #915
Dear God LS is liable to tell the judge she has a law degree and produce a printed diploma from some online law academy! :rolleyes::mad:

Justice for Gannon!
 
  • #916
All JMO...

Leticia is used to scamming her way through life. It’s apparent from her history that her default method of dealing with any adversity is to obfuscate. As she seems to be using the Jodi Arias book of murder defense, I have no doubt she plans to blame Gannon himself for forcing her to murder him. In the process, she’ll smear AS and LH as much as possible. IMO her attorneys have been trying to convince her that this is an absolute loser of a defense but she knows better and will insist on representing herself. After all, she’s much smarter than Arias and has the “PhD” to prove it. Perhaps she plans a trial run of defending herself on just the escape charges. If it goes badly, she’ll probably forge ahead any way. She has zero insight.
 
  • #917
  • #918
It is "now" official. Letecia has lost her mind and is crazy.

Judge is making an argument that an attorney would have more experience than her and be able to help her. Stauch- “I’ve come to find that the word expert doesn’t hold much value, and I’m the expert here” “I think that I could do it on my own sir, it’s a constitutional right.”
https://twitter.com/Spencer_WNews/status/1365369371825233930

Narcissist. To the extreme.
 
  • #919
Spencer Wilson [URL='https://twitter.com/Spencer_WNews']@Spencer_WNews [/URL]2m
Ok, back to the matter at hand. Judge asks #LeteciaStauch the standard questions regarding representation. Stauch says she understands she could be convicted and serve a life sentence, then she says she does not have any legal experience.

Spencer Wilson [URL='https://twitter.com/Spencer_WNews']@Spencer_WNews [/URL]5m
Judge now explaining the difference between wanting a DIFFERENT attorney, instead of just trying to represent herself. #LeteciaStauch has been answering with short “yes sir.”

[URL='https://twitter.com/Spencer_WNews']Spencer Wilson
@Spencer_WNews 7m
#Breaking: it’s official, #LeteciaStauch intends to represent herself, via her attorney. Defense attorney says if they want an explanation, she would need to close the hearing to the public. Judge is mulling it over.[/URL]

[URL='https://twitter.com/ColetteBordelon']Colette Bordelon
@ColetteBordelon 9m
I'm now in the virtual courtroom for #LeteciaStauch's Arguello advisement. We're just getting going now. #GannonStauch's father, Al Stauch, is in the actual courtroom, according to Lead Prosecutor and@4thJudicialDA Michael Allen. #LeteciaStauch is also appearing in person. @KOAA[/URL]
Spencer Wilson @Spencer_WNews 12mThings are about to get started, I’ll thread them here: Al Stauch is one of 5 people sitting in the stands (myself included.) #LeteciaStauch is actually appearing in court today, in handcuffs and very long hair. @4thJudicialDA
is seated, defense JUST got here.


https://twitter.com/Spencer_WNews/status/1365368453444567040
 
  • #920
Spencer Wilson [URL='https://twitter.com/Spencer_WNews']@Spencer_WNews [/URL]2m
“Sir I know it sounds audacious...but I was very good at poker. You gotta know when to hold them or when to fold them. I wouldn’t be this confident without an ace in the hole.” Wow. Words from #LeteciaStauch, That’s a rough quote, I was typing as she was speaking. But wow.

Spencer Wilson [URL='https://twitter.com/Spencer_WNews']@Spencer_WNews [/URL]3m
Judge is now asking her is she understands the very basic parts of being a lawyer. #LeteciaStauch says she can learn by reading some books in the meantime. Judge says “so, as of right now you can’t do this?” Stauch is very stubborn on this.
 
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