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

[crhedBngr]

Sitting on my hands.

SMH.

 

[AmandaReckonwith]

Case Archive is updated. (The Justice section)

Photobucket


The earlier archive, until the arrest, is here:

Photobucket

Edited to say that anything other than Justice-related, after the arrest, is there too; like the memorials, bike rallies, fundraisers, etc.
That will all be added to the original section to keep the Justice section subject-specific.

 

[Spartygirl]

Case Archive is updated. (The Justice section)

Photobucket


The earlier archive, until the arrest, is here:

Photobucket

Edited to say that anything other than Justice-related, after the arrest, is there too; like the memorials, bike rallies, fundraisers, etc.
That will all be added to the original section to keep the Justice section subject-specific.

Thank you as always @AmandaReckonwith
Heading over there now
Every time I see Gannon's picture, I just want to cry.
And then I get angry all over again at this monster T and her BS games.

 

[AmandaReckonwith]

Thank you as always @AmandaReckonwith
Heading over there now
Every time I see Gannon's picture, I just want to cry.
And then I get angry all over again at this monster T and her BS games.

Me too. He was precious to everyone and the evil knew it.

 

[Seattle1]

Thank You. I started thinking about this after I posted. Now I realize now these are 2 different things regarding sanity.

Yes, two thorough competency examinations where each deemed LS competent to proceed. The 3rd exam was according to the court, unprecedented to the Judge where LS was seeking partial insanity. Huh??!

Seems to me the defense re-thought that strategy and are going for the whole enchilada. All the while justice waits for a precious young boy and his family.

It's so disappointing because there's no doubt that LS has mental issues but I believe it 100% guaranteed that not in 2020 or today will LS meet Colorado's legal definition of criminal insanity.

The best example I can think of is James Holmes (admitted to injuring or killing 82 people) who the court agreed had a lengthy, documented history of severe mental illness but failed the Colorado test: Colorado defines insanity using a modified version of what’s called the M’Naghten Rule, along with the Irresistible Impulse Test.

Colorado is one of 11 states in which the burden of proof in an insanity case lies with the state. That means it’s up to the prosecution to demonstrate that [LS] was sane at the time of [her] crime. Except for Idaho, Kansas, Montana and Utah, which do not allow insanity pleas, all other states place the burden of proof on the defendant.

If Holmes had attacked moviegoers in, say, Arizona or Wyoming, the defense would be required to prove beyond a reasonable doubt that he was not sane at the time of his crime. But here in Colorado, they need only to introduce a reasonable doubt that he wasn’t.

The link below explains the relevant Colorado law in this matter. I think it's well worth the read.

Burden of proof: Colorado’s insanity plea rules and the James Holmes trial

 

[NCWatcher]

Yes, two thorough competency examinations where each deemed LS competent to proceed. The 3rd exam was according to the court, unprecedented to the Judge where LS was seeking partial insanity. Huh??!

Seems to me the defense re-thought that strategy and are going for the whole enchilada. All the while justice waits for a precious young boy and his family.

It's so disappointing because there's no doubt that LS has mental issues but I believe it 100% guaranteed that not in 2020 or today will LS meet Colorado's legal definition of criminal insanity.

The best example I can think of is James Holmes (admitted to injuring or killing 82 people) who the court agreed had a lengthy, documented history of severe mental illness but failed the Colorado test: Colorado defines insanity using a modified version of what’s called the M’Naghten Rule, along with the Irresistible Impulse Test.

Colorado is one of 11 states in which the burden of proof in an insanity case lies with the state. That means it’s up to the prosecution to demonstrate that [LS] was sane at the time of [her] crime. Except for Idaho, Kansas, Montana and Utah, which do not allow insanity pleas, all other states place the burden of proof on the defendant.

If Holmes had attacked moviegoers in, say, Arizona or Wyoming, the defense would be required to prove beyond a reasonable doubt that he was not sane at the time of his crime. But here in Colorado, they need only to introduce a reasonable doubt that he wasn’t.

The link below explains the relevant Colorado law in this matter. I think it's well worth the read.

Burden of proof: Colorado’s insanity plea rules and the James Holmes trial

All that's true but as you say Holmes, who killed 12 people and injured lots more and who was under psychiatric care at the time, wasn't found to be NGRI by a CO jury. So apparently that DA met the burden in CO to prove him sane even though that requirement is unusual.

I realize the above part of your post that's in bold is a quote from the linked article (including the part that says "But here in Colorado, they need only to introduce a reasonable doubt that he wasn’t.") <modsnip> It's not as though the State won't have experts too (assuming NGRI is really the plea after LS's eval.) So it's not necessarily true a reasonable doubt can be easily achieved. And besides, jurors are always very suspicious of mental health defenses. Even in CO. Or maybe especially in CO.
JMO

 

[RaspberryMama]

The third one is a totally different kind of evaluation with a totally different purpose. The first two evals were for competency. This one is for sanity. Competency to stand trial isn't the same thing as insanity at the time of the crime.

Every defendant in the US who has ever been found NGRI was found to be competent first. It is impossible to be found incompetent for trial and without ever being found competent, be found NGRI in court. Can't happen. So the fact she was found competent really says nothing about her sanity at the time of the crime nor do the findings of the first two evals render this one unnecessary for her plea. The purposes are different. Saying she's already had 2 evals so she doesn't need this one is sort of like deciding someone who has had two negative tests for strep throat doesn't need to be tested for COVID.
JMO

Thank you for this! Super explanation, and now I get it. NGRI is a plea and judgement on that comes after a trial. No trial, no judgement... so competency to stand trial has to come first. Makes sense once someone smart spells it out for me!

 

[Seattle1]

Attorneys change Letecia Stauch's plea to 'not guilty by reason of insanity' - KRDO

<snip>


Stauch will be given an evaluation at the Colorado Mental Health Institute by a state doctor to determine if she was sane at the time of the alleged killing. If the state doctor finds her insane, prosecutors can decide to have her committed rather than stand trial, or she will stand trial and use insanity as a defense. If she's found sane, Stauch's defense attorneys will use their out-of-state expert to determine sanity; if that's the case, prosecutors will again decide to go to trial with the insanity defense or have her committed.

If both doctors find Stauch sane at the time of Gannon's death, the trial will move forward with her original "not guilty" plea restored.

The new development will delay Stauch's trial by several months.

Stauch has been held in custody without bond since her arrest in early 2020.

From the link, an out-of-state expert who the defense states has agreed to perform an evaluation on LS, opines that there's a high likelihood of psychosis.

I'm curious about the basis of his opinion. Has he read the report of the last evaluation (sanity eval?) of LS performed at CMHI-Pueblo, and has that report been entered into the court? I don't recall this revealed.

IMO, if the next evaluation concurs with the expert that LS is now in psychosis (but not declared insane at the time of the alleged crime), I think she'll likely be found incompetent to proceed with the trial and as required by state statute, will be confined for treatment until competence is restored.

Regardless of the medical results, I think we are in for a lengthy interruption before we see any justice for GS, MOO

 

[nyvictoria]

Oh man.

Stauch’s defense team has submitted a motion to change her plea to “not guilty by reason of insanity”

https://twitter.com/catsilvertv/status/1492257132561014791?s=21

Psychosis???? NO, just plain old garden variety sociopathy.

Toss her in a cell with Lori Vallow and lose the key. Problem solved.

 

[nyvictoria]

Ughh gave myself a 2 hr time out so I wouldn’t get a time out. I am sooo beyond disgusted in that piece of work. I feel for Landon and Al it’s heartbreaking to keep dragging this out . There’s no way she can get away with this . The way she killed Gannon and hid it and him the way she covered her tracks and then disposed of him that’s a evil heartless person not insane. But that’s jmoo she can’t hide from karma

Yep, she’s enjoying this.

 

[girlhasnoname]

I had to process the new info about the NGRI ruling before I posted, I didn't trust myself.

This 'thing', and I refer to LS that way intentionally, killed a sweet, completely innocent young boy out of spite and evilness. She wanted to hurt him and she wanted to hurt the entire family.

Does she have mental health issues, surely she does. But I do not believe for one second she is/was insane. She plotted, planned, (called into work, called school) she was clearly in control of her actions. She also went on to clean up the scene and dispose of Gannon's remains so well, he wasn't found until she dumped them in Florida.

She is evil, she is not insane, and I have no doubt she will be locked away for the rest of her miserable life, I just hope it's in prison where the inmates will not take kindly to what she has done.

#Justice4Gannon

 

[Megnut]

I worry about what she's doing (when people are watching) to further her insanity act. It can't be pretty.

JMO

 

[Seattle1]

I worry about what she's doing (when people are watching) to further her insanity act. It can't be pretty.

JMO

I think the thought of being locked up for the rest of your life can break the strongest of minds. In Colorado, a criminal like LS seeking a verdict of not guilty by reason of insanity must fit one of two criteria-- the same used since 1995.

We witnessed evidence first-hand that LS was sane at the time she murdered GS (i.e., fits one of two criteria: 1. distinguishing right from wrong, measured against the societal standard of what is right and wrong; or 2. forming criminal intent).

Seems to me that LS didn't research that criminal insanity vs sanity isn't like a pair of shoes you change to go from shopping to jail or like a light switch you turn on/off at bedtime.

To my knowledge, there's no uncontested evidence or knowledge that LS was severely mentally ill during much of her life, and now the prosecutor is really going to be challenged to prove beyond a reasonable doubt that LS was sane when she killed GS (and has reverted back to having a defective mind).

Nope. LS hoping we believe she's insane doesn't make it so. MOO

Insanity Defense in Colorado - 7 Key Questions Answered

 

[Kiranerys]

Lawdy Lawdy here we go. It was only a matter of time.

So….she admits she did it. No Eguardo, no rape, no kidnapping, no Quincy Brown.

Something tells me there will still be an Eguardo, I think she is going to try and sell the alternate personality theory, are genuinely believes she is clever enough to pull it off. I imagine her trying it out in the jail to get it on the record these past few months.

Leticia did it. Yup we gotcha.

I’m OK with a Bench Trial. I think Judge Warner’s got her pegged.

Giddy Up. Let’s get on with this.

MOO

 

[Kiranerys]

I worry about what she's doing (when people are watching) to further her insanity act. It can't be pretty.

JMO

Yes! And how many people she is pretending to be.

 

[La Louve]

She's not insane. She's not multiple personality- disordered. And she's not "Mrs. Stauch" anymore either. SMH

This is all just an effort by the defense to delay the inevitable, and she's using the time to concoct her next escape attempt.

IMO.

Rest easy, Gannon. Justice is coming.

:rose:

 

[Seattle1]

https://twitter.com/nataliechuck/status/1469050918394109956?s=21
Prosecution now arguing there is no longer impaired mental condition, saying there needs to be an evaluation at the state hospital. @KOAA

Judge says he does not have enough information about the dissociative disorder in question: What triggered it? When was it triggered? Is it still
present or not? To restate - This is NOT a competency or insanity evaluation. @KOAA

The People argues the state hospital is a better place to have the evaluation. @KOAA

Judge now telling Stauch she will have an evaluation. She has the right to remain silent during the evaluation. It WILL be done at the state hospital, but the judge does not know when that will happen. Motions hearing is set for Jan 6, but judge is concerned about timing. @KOAA

MOTIONS WILL NOW BE JANUARY 13 AT 1:30 PM. If Stauch does not want to be here in the courtroom, she needs to file a motion 7 days prior. @KOAA

^^bbm

Upon reviewing both the Court's Dec 9, 2021 Order: [O-19] Order for Eval of In-Custody Defendant Regarding Mental Condition, and OP's link referenced in post #645, I think I can finally add some clarity to the Tweets from the Nov 2021 hearing and the subsequent evaluation orders by the court.

On Nov 18, 2021, LS filed an Offer of Proof Regarding Mental Condition Evidence
raising the issue of disassociative disorder as a mental condition for defense for some of the charges in this case.

The prosecution, however, correctly asserted "there is no longer impaired mental condition" [defense] because this affirmative defense has not existed for more than a quarter-century. Since 1996, this defense was subsumed within the defense of insanity. (See link at post #645).

Damn.

Judge Werner says the Court WILL ALLOW an insanity plea to be re-entered at this time. He agrees the speedy trial clock will re-start.

https://twitter.com/catsilvertv/status/1492260343556493317?s=21

^^bbm

The court does not order sanity evaluations PRIOR to the defendant entering an NGRI plea. Since Judge Werner has accepted LS's NGRI plea, the court can order an examination of the defendant with regard to the insanity defense pursuant to section 16-8-106.

Stauch was already found competent to stand trial for murder after two separate mental health evaluations. Her next court date is set for March 17.
Gannon Stauch: Stepmom Letecia Stauch in court for hearing | 9news.com

^^bbm

[O-19] Order for Eval confirms that LS was twice evaluated for competency and twice found to be competent based on CMHIP report dated Sept 1, 2020, and Drs Grimmett report dated Jan 3, 2021.

The third one is a totally different kind of evaluation with a totally different purpose. The first two evals were for competency. This one is for sanity. Competency to stand trial isn't the same thing as insanity at the time of the crime.

^^rsbbm

OP's statement that the third examination was a sanity evaluation is incorrect. The court does not order sanity evaluations PRIOR to the defendant entering an NGRI plea.

Please reference the plain language of Court Order [O-19] dated Dec 9, 2021:

Item 2 confirms the Court is not ordering another competency evaluation by issuing this order.

Item 3 states Stauch has not entered a plea of not guilty by reason of insanity. The court is not ordering a sanity evaluation by issuing this order.

Item 5 provides that Stauch raised the issue of impaired mental condition [i.e., disassociative disorder]* pursuant to C.R.S. Section 16-8-103.5, the Court must order an examination of the Defendant to be conducted pursuant to C.R.S. Section 16-8-106.

*Disassociate Disorder was redacted from the Order.

Isn’t this the 3rd mental health evaluation she has had? How many tries does she get?

Confirming three evaluations have been ordered by the Court:

Sept 1, 2020 -- Competency Evaluation #1

January 3, 2021 -- Competency Evaluation #2

January 2022 -- Mental Health Evaluation [Disassociative Disorder].*
* Disassociative Disorder was redacted from the Court Order.

To be clear, there has been no prior sanity evaluation ordered by the Court for LS.

Since Judge Werner has accepted LS's NGRI plea, the court can order an examination of the defendant with regard to the insanity defense pursuant to section 16-8-106.

It's expected a sanity evaluation will be issued for LS under a separate Court Order.

 

[NCWatcher]

She's not insane. She's not multiple personality- disordered. And she's not "Mrs. Stauch" anymore either. SMH

This is all just an effort by the defense to delay the inevitable, and she's using the time to concoct her next escape attempt.

IMO.

Rest easy, Gannon. Justice is coming.

:rose:

I agree we don't have evidence of insanity and some things we do know probably speak against it. But we don't know what's in LS's mental health records. Her last set of attorneys fought to keep those sealed, as I recall (and in particular her more recent Ft. Carson records.) So I don't think any of us can know if she has any sort of mental illness. But even if she does, and even if she really does have dissociative identity disorder, schizophrenia, bipolar, or any other chronic major mental illness (which is possible IMO), that doesn't automatically equate to legal insanity. That will be up to the jury to decide or to the judge if LS opts for a bench trial.

Re: calling her Ms. Stauch...I don't think a woman in the US can be legally forced to take her husband's name after marriage. I also don't think the law can force a woman to give up her husband's name after a divorce either. Legal documents have continued to be in her married name so I assume she's keeping it. In CO she could have opted to change it as part of the divorce proceedings. If she didn't, she have to file all kinds of legal papers to do it now. Probably not a priority even if she wanted to change it.
JMO

 

[Seattle1]

Insanity and mental illness overlap, but they are not the same. In short, people are legally insane when – at no fault of their own – they are so mentally incapacitated that they cannot tell what is wrong or form criminal intent.

While we're missing LS medical records, and expert medical testimony, LS was no different than many others of her generation by giving the public an open window to her life via SM. We know about her jobs, vacations, and so much more.

Of course, my personal observations are no scientific test and I offer no proof of LS's mental condition but after viewing LS's Sunday outing (Garden Of the Gods) and her subsequent interviews (i.e., periods before and directly after GS's demise), I do not see a challenge for the prosecutor to prove beyond a reasonable doubt that LS is in fact sane, and therefore guilty of murdering GS.

And I also believe LS suffers from mental illness.

MOO

 

[Cindizzi]

Insanity and mental illness overlap, but they are not the same. In short, people are legally insane when – at no fault of their own – they are so mentally incapacitated that they cannot tell what is wrong or form criminal intent.

While we're missing LS medical records, and expert medical testimony, LS was no different than many others of her generation by giving the public an open window to her life via SM. We know about her jobs, vacations, and so much more.

Of course, my personal observations are no scientific test and I offer no proof of LS's mental condition but after viewing LS's Sunday outing (Garden Of the Gods) and her subsequent interviews (i.e., periods before and directly after GS's demise), I do not see a challenge for the prosecutor to prove beyond a reasonable doubt that LS is in fact sane, and therefore guilty of murdering GS.

And I also believe LS suffers from mental illness.

MOO

Very well stated and I agree. I have no doubt that LS suffers some type of mental disorder. With all we know of her I would say she HAS to.

She has tried for about a year now to convince the Judge that she has been diagnosed with “ something “. See letter in link below.
This led to her dismissing her Public Defenders and wanting to defend herself.
This Judge has been more than patient with her ( I realize that he is also following the Law regarding her rights).
I’m looking back at what’s led up to her changing her Plea to Not Guilty Reason Insanity.
The Defense announced they are going to use mental problems, but only for acts committed AFTER the fact.
New evaluation ordered at State mental hospital which has a backlog.
Trial date coming soon. Defense says they don’t want to delay it.
Then Defense says they have an out of state expert that says she has psychosis.
Did,this expert advise that NGRI is her best bet?
I don’t know enough to even determine what this plea would benefit her.
The only case I know of with an Insanity plea is Robert Dear which is also in El Paso County. Can’t compare the cases, but I know he’s been at the State hospital in Pueblo since 2015 or 2016 and his Prosecution is “ in limbo “ or “ on hold”.
I just hate that Gannon’s family have to go through this.
JMO
https://www.courts.state.co.us/user...h/Letter addressed to Judge Werner 3-8-21.pdf