Found Deceased CO - Gannon Stauch, 11, Colorado Springs, El Paso County, 27 Jan 2020 *Arrest* #52

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  • #521
Maybe. I think though it's just as likely it's one of the leased cars (wasn't HH's car leased too in addition to LS's?)

One of the online fund-raisers for AS said he had to keep paying for the leased vehicles even though LE had them. (WS won't let me post a link but it can be found by googling. It's the one his uncle set up.)

And if he technically was the one who leased the cars, I'm not sure LS could have been forced to take on that debt-- a debt she had no way to pay while in jail-- when they divorced.
JMO
Final tweet from the Gazette court’s reporter today.
Do y’all think this would be AS’ truck? Young is for the Prosecution so probably. JMO


https://twitter.com/ubercandelaria/status/1486812373709062145?s=21
Young asked

Judge Werner granted a motion to release a vehicle, and we're now in recess. Says he'll see everyone back March 17.

Wow -- I can't believe this motion has been dormant all this time. If this is in-fact AS vehicle, I recall he said that it was financed and we discussed whether or not he kept up the monthly payments. :eek:

Found it -- it's Peoples Motion P-29 -- Intent to Release the 2019 Volkswagen Jetta (filed 1/25/22).

https://www.courts.state.co.us/user...2 Posting/Register of Actions 1-8 to 1-27.pdf
 
  • #522
  • #523
It would be great if we could get Barry’s trial moved to this judge. The defense did mention a change of venue, right?
Yes -- Change of Venue Motion is on the table. If that happens, I see the 4th Judicial District as crazy busy. And if the 10th District (Pueblo) considered, I think that would be brutal on us because they're so restrictive with media. So restrictive that they refuse to use the "cases of interest" court tab for anything but Civil cases! :eek:
 
  • #524
Yes -- Change of Venue Motion is on the table. If that happens, I see the 4th Judicial District as crazy busy. And if the 10th District (Pueblo) considered, I think that would be brutal on us because they're so restrictive with media. So restrictive that they refuse to use the "cases of interest" court tab for anything but Civil cases! :eek:
Wishful thinking on my part.
 
  • #525
[QUOTE="Cindizzi, post: 17409156, member:


https://twitter.com/ubercandelaria/status/1486811422189260800?s=21
He also said that attorneys' electronics will be tethered to their tables for the trial. Cook asked him to clarify, and Judge Werner said the idea is to prevent laptops from "potentially falling off the table" or potentially "being used at the last minute."

Is it just me, or is that a really weird thing to say?
I mean, I haven't followed many legal proceedings but is it common for laptops to just fly off the table?[/QUOTE]
What does 'being used at the last minute' mean?
 
  • #526
Is it just me, or is that a really weird thing to say?
I mean, I haven't followed many legal proceedings but is
What does 'being used at the last minute' mean?
There’s a news article linked a page or two back. An accused hurled a laptop and nearly hit this judge.

Trying to fix broken quote
 
  • #527
Oh, ok....thanks. I thought he was referring to the attorneys using their laptops 'at the last minute' and I was trying to think that through...last minute motions? Sending out discovery at last minute? lol
 
  • #528
  • #529
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  • #530
Here’s the case from 2018 in El Paso County where Judge Werner had a laptop thrown at him. Dan May was the DA then.

Galloway sentenced to life in prison after jury rejects death sentence


“Total disrespect for the court," May said. "He could have worn a suit to court every day. He chose to wear orange. He refused to stand for the judge, is my understanding. He called the judge some names that I can’t say on camera. He certainly said the same thing about some of my prosecutors.”

May continued, “He threw the laptop. At the time, everyone thought it was at the court reporter because it just barely missed her. I guess he clarified he was actually throwing it at the judge and that was his attitude throughout this trial and quite frankly, the last few years in terms of his behavior and character traits that came out.”
 
  • #531
It’s interesting that T’s request to waive appearance for the original hearing date was granted but she showed up today. Did that request not carry over to the new hearing date?

https://www.courts.state.co.us/userfiles/file/Court_Probation/04th_Judicial_District/El_Paso/20CR1358/1-27-22 Posting/Order Request to Waive Appearance of Deft at Review Hearing D-41.pdf

Actually, I think today's hearing included more than what was intended for the Jan 13 "Review" hearing where the defense went on record that "... the in-court appearance of the Defendant for a Review hearing is not necessary and does not prejudice the prosecution in any way."

I believe LS's presence to hear arguments by her defense for the Motions decided today was required. MOO

https://www.courts.state.co.us/user...AT REVIEW HEARING D-41 HEARING ON 1132022.pdf
 
  • #532
Letecia Stauch trial could start in March 2022

After, (the judge) addressed what he called a “more concerning issue” of Stauch’s third mental evaluation. The state hospital will conduct this third evaluation, but a recent letter to the court explained that, because of the enormity of files in the case, that won’t happen until the end of February. The court would get results by March 31.

Werner called this update problematic because the trial start date is set for March 28. He said they will address this at the pre-trial readiness hearing on March 17.

The judge also laid out a potential timeline for the trial, expected to last four to six weeks depending on how jury selection goes.

A preliminary plan could have 70 people coming to the court each day beginning March 28 to find unbiased jury candidates. If it lasts a week, that would bring in 350 candidates who would also all fill out a questionnaire. From those who come in, the judge would like a pool of 70 people that would then be narrowed down to 16 jurors and two alternates.

Werner said his hope is that the jury selection would take no longer than a week and opening statements could begin on April 4.
 
  • #533
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I feel so bad for Gannon's families and loved ones, TWO years and this 'thing' is still dodging and deflecting any responsibility.

I get so upset at how we protect these killer's rights when they showed no compassion to their innocent victims. I know it's our legal system, but I sure don't have to like it. :(
 
  • #534
Letecia Stauch trial could start in March 2022

After, (the judge) addressed what he called a “more concerning issue” of Stauch’s third mental evaluation. The state hospital will conduct this third evaluation, but a recent letter to the court explained that, because of the enormity of files in the case, that won’t happen until the end of February. The court would get results by March 31.

Werner called this update problematic because the trial start date is set for March 28. He said they will address this at the pre-trial readiness hearing on March 17.

The judge also laid out a potential timeline for the trial, expected to last four to six weeks depending on how jury selection goes.

A preliminary plan could have 70 people coming to the court each day beginning March 28 to find unbiased jury candidates. If it lasts a week, that would bring in 350 candidates who would also all fill out a questionnaire. From those who come in, the judge would like a pool of 70 people that would then be narrowed down to 16 jurors and two alternates.

Werner said his hope is that the jury selection would take no longer than a week and opening statements could begin on April 4.

I'm surprised that the judge may start the trial by the date he set previously when it's known the evaluation won't be finished by then, or rather the results won't be known to the court and to the attorneys.

I realize some are upset the trial hasn't started yet but lots of trials for serious crimes like murder aren't on a rocket docket. Probably most aren't. For example, James Holmes was convicted in the Aurora theater shootings on July 16, 2015, four days short of 3 full years after the crime. And there were plenty of eyewitnesses who saw Holmes carry out those killings. And he was arrested minutes after the shootings.

I just don't quite understand why this trial would start without the final eval, an eval the judge did agree to order knowing there was a long "waiting line" for evals. I guess because it's going to be a relatively long trial it's not easy to reschedule? But going ahead to me has a bit of "because I said so" rationale from the judge. And to me that's dumb. Further, if the trial isn't going to go ahead on the 28th, the attorneys on both sides still have to block out the original trial period until a change is made at the pre-trial readiness conference on Mar 17 (if a change is made.) That affects scheduling for other trials they could be involved in. Just seems weird.
JMO
 
  • #535
I'm surprised that the judge may start the trial by the date he set previously when it's known the evaluation won't be finished by then, or rather the results won't be known to the court and to the attorneys.

I realize some are upset the trial hasn't started yet but lots of trials for serious crimes like murder aren't on a rocket docket. Probably most aren't. For example, James Holmes was convicted in the Aurora theater shootings on July 16, 2015, four days short of 3 full years after the crime. And there were plenty of eyewitnesses who saw Holmes carry out those killings. And he was arrested minutes after the shootings.

I just don't quite understand why this trial would start without the final eval, an eval the judge did agree to order knowing there was a long "waiting line" for evals. I guess because it's going to be a relatively long trial it's not easy to reschedule? But going ahead to me has a bit of "because I said so" rationale from the judge. And to me that's dumb. Further, if the trial isn't going to go ahead on the 28th, the attorneys on both sides still have to block out the original trial period until a change is made at the pre-trial readiness conference on Mar 17 (if a change is made.) That affects scheduling for other trials they could be involved in. Just seems weird.
JMO

I would guess they don’t want to cancel the entire schedule because whatever mental health issue she’s claiming only applies to counts 3 and 4, child abuse resulting in death and tampering with a corpse.

ETA: counts 3 and 4 on the original complaint are tampering with a body and tampering with evidence. The amended complaint after his body was found has count 3 as child abuse resulting in death and tamper with a body. Perhaps the defense is referring to the original complaint.

https://www.courts.state.co.us/userfiles/file/Court_Probation/04th_Judicial_District/El_Paso/Stauch/Response Regarding Mental Condition Evaluation [D-34].pdf
 
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  • #536
I would guess they don’t want to cancel the entire schedule because whatever mental health issue she’s claiming only applies to counts 3 and 4, child abuse resulting in death and tampering with a corpse.

ETA: counts 3 and 4 on the original complaint are tamper with a body and tampering with evidence. The amended complaint after his body was found has count 3 as child abide result in death and tamper with a body. Perhaps the defense is referring to the original complaint.

https://www.courts.state.co.us/userfiles/file/Court_Probation/04th_Judicial_District/El_Paso/Stauch/Response Regarding Mental Condition Evaluation [D-34].pdf

You could be right but I still think it's quite odd. It's not as though the issue of the eval taking a long time wasn't anticipated in early Dec-- it was because the judge spoke about it. He said there were something like 300+ evals in front of hers.
JMO
 
  • #537
I'm surprised that the judge may start the trial by the date he set previously when it's known the evaluation won't be finished by then, or rather the results won't be known to the court and to the attorneys.
^^rsbm

The court is waiting on competency results for the 3rd time so I don't think the Judge is booking the trial start date blindly (i.e., expectation LS will again be deemed competent).

However, I recall a report from Fox21 last December that caused me to believe that there's a potential statutory restriction that could affect the trial start date. While I've not researched this statement, I trust this will act as a safeguard for the defendant:

Her trial is scheduled for Monday, March 28, 2022, and will likely take six weeks. This puts the third completed mental health evaluation deadline to be in late January, as it must be disclosed 63 days before the trial.

Third mental evaluation for Letecia Stauch poses possible murder trial delay | FOX21 News Colorado
 
  • #538
^^rsbm

The court is waiting on competency results for the 3rd time so I don't think the Judge is booking the trial start date blindly (i.e., expectation LS will again be deemed competent).

However, I recall a report from Fox21 last December that caused me to believe that there's a potential statutory restriction that could affect the trial start date. While I've not researched this statement, I trust this will act as a safeguard for the defendant:

Her trial is scheduled for Monday, March 28, 2022, and will likely take six weeks. This puts the third completed mental health evaluation deadline to be in late January, as it must be disclosed 63 days before the trial.

Third mental evaluation for Letecia Stauch poses possible murder trial delay | FOX21 News Colorado
I expect no trial starting in March.
:0(
 
  • #539
^^rsbm

The court is waiting on competency results for the 3rd time so I don't think the Judge is booking the trial start date blindly (i.e., expectation LS will again be deemed competent).

However, I recall a report from Fox21 last December that caused me to believe that there's a potential statutory restriction that could affect the trial start date. While I've not researched this statement, I trust this will act as a safeguard for the defendant:

Her trial is scheduled for Monday, March 28, 2022, and will likely take six weeks. This puts the third completed mental health evaluation deadline to be in late January, as it must be disclosed 63 days before the trial.

Third mental evaluation for Letecia Stauch poses possible murder trial delay | FOX21 News Colorado

Excellent point about the 63 days. That would seem to pose a problem.

On this eval being the 3rd eval, it is but this evaluation is NOT a competency evaluation. Her competency is not at issue.

The results of the first two evals-- the actual competency evals-- really have no direct bearing on this evaluation. The first two evals concerned whether LS was currently able to stand trial-- did she understand the charges against her and was she able to aid in her defense? So her current state of mind was at issue. In contrast this eval has to do with the her state of mind after GS was killed. So they are at best very very loosely related. And after all, every single defendant in the US who has ever been found not guilty by reason of insanity has been competent to stand trial! (Not suggesting she's using an insanity defense against all charges but just saying competency for trial is totally separate from mental issues related to guilt or punishment.)
JMO
 
  • #540
Considering the Judge said the trial wouldn't start until April 4th - after jury selection - then LS can still plead not guilty by reason of insanity per her defense attorney. They'll get the eval by March 31st - trial wouldn't start until 4 days later.
 
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