^^rsbm
Pursuant to the 12/9/21 hearing, the court issued
Order-18 citing that LS must provide the court 7 days notice PRIOR TO THE HEARING when she will not appear in person. (Item #2).
The order also cites that LS will be evaluated at CMHIP for a [REDACTED] mental condition raised by LS for some of the charges in this case, and the evaluators will be provided with LS competency evaluations that were previously performed for this case. (Item #3).
IMO, the Judge perhaps quoted HIPAA in court instructing media not to identify the alleged or undiagnosed 'mental condition' (i.e., DID disorder) after LS tweet and LS honored the instruction. I don't think one should ignore that this alleged condition provided by the defense was clearly redacted by the court in its Order.
View attachment 327055
https://www.courts.state.co.us/userfiles/file/Court_Probation/04th_Judicial_District/El_Paso/Stauch/[O-18] Order.pdf
Maybe you are right. Still doesn't make sense to me.
And that would have to be the oddest interpretation of HIPAA I've ever heard (although that could be how this judge thinks. I hope not!)
But according to that interpretation, it's perfectly OK HIPAA-wise to report the defense claimed she has "a dissociative disorder" but not OK to say Dissociative Identity Disorder? (DID) Similarly, it would be OK to report a defense team claimed a defendant had "a bipolar disorder" but not OK to report he/she had Bipolar I? Or OK for a hospital to release info saying Patient X had "a cardiac event" but not OK to say he had an infarction or an arrhythmia?
It doesn't make sense to me that
IF Scharf was trying to conform to this odd variation of HIPAA she'd say "a dissociative disorder" in her article
BUT embed in that same article her tweet that said DID. In addition, the judge knew the hearing was to raise mental health defense issues. If he was going to get his robe in a twist over HIPAA (which doesn't make much sense anyway when talking about a mental health legal defense) why didn't he make some announcement to reporters & others present at the start of the hearing rather than try to un-ring the bell after tweets were made? But
IF that's what he did, why didn't any other reporter tweet about DID before the judge's HIPAA warning? And why did they all simply say "a dissociative disorder?"
I think Scharf is convinced the defense said DID or (more likely IMO) even if they didn't say that, she's sure that's what they meant. She wrote in her article
Third mental evaluation for Letecia Stauch poses possible murder trial delay | FOX21 News Colorado
"Stauch’s defense attorney’s Will Cook and Josh Tolini claim she is suffering from a dissociative disorder. Someone with this disorder suddenly becomes observers of their own speech and actions, or their bodies may feel different to them...."
But see
What Are Dissociative Disorders?
It says "People with dissociative identity disorder may feel that they have suddenly become observers of their own speech and actions, or their bodies may feel different..."
So not only does it
appear she plagiarized, but she didn't plagiarize a description of Dissociative Disorders in general (a MUCH more useful description for the lay public IMO) but chose to plagiarize a description of DID (although people with Depersonalization/Derealization Disorder may have those experiences too. That description does not apply to Dissociative Amnesia though.)
Better in my opinion to copy this general description from the above source:
"Dissociative disorders involve problems with memory, identity, emotion, perception, behavior and sense of self. Dissociative symptoms can potentially disrupt every area of mental functioning."
I guess we'll eventually find out the diagnosis in this case.
JMO