Many here are already aware of this information (9/9/2021) and please be aware there is sensitive information within the tweets. Please read with caution if you choose to continue with reading on. Additionally, #5 missing from Spencer's tweets, unless I missed it.
Morning folks. We’re about 15 mins from the expected start of the
#LeteciaStauch preliminary hearing. We know these things run late often, so we’ll see when it actually kicks off. Mostly just me and a few other reporters sitting outside the locked courtroom right now.
Mr. Tolini has entered the courtroom. He's the "newly" appointed defense attorney for
#LeteciaStauch after the whole fiasco earlier with her representing herself, then backing out. He was given the mighty task of starting from scratch earlier this year on the case.
We just watched
@4thJudicialDA and his team walk in too. Both attorneys are now in the courtroom, but doors for reporters haven’t opened yet. Expect a delayed start.
Gannon’s parents have entered the courtroom. Seeing some blue eyeshadow, and some somber faces. We were just told if we leave the courtroom we will have to stay out. Planning to only leave the room for recess.
Just watched
@4thJudicialDA give Gannon's mom Landon Holt a hug. She's also wearing a blue mask. PIO for DA just said
#LeteciaStauch will be appearing over WebEx, not in person. I'll clarify that if that changes.
And
#LeteciaStauch is now visible on the TV screen in the courtroom. She's in the classic orange jumpsuit, with hair past her elbows. She's standing in a long hallway with a door behind her, presumably at the El Paso County Jail.
"All rise!" Court is now in session.
Judge Greg Werner is now checking to see if
#LeteciaStauch ca hear him. Asks her to raise her hand...no response. This might just be WebEx problems, court in the age of COVID.
She raises her hand. Looks like we're good to go. Judge now going through rules in the courtroom. We're good with live tweeting so long as our keystrokes aren't too loud. Trying to hit the keys of my laptop slowly…
Judge says no emotional outbursts, people who try to disrupt this process will be kicked out. Public viewing was initially going to be pushed to an overflow room but now they are just hanging in the back. We're now hearing why
#LeteciaStauch is over WebEx
So
#LeteciaStauch didn't want to show up in court, so her attorneys tried to appear on her behalf.
@4thJudicialDA asked she be here in person. Judge is mulling it over now…
The motion was filed at 11 AM yesterday...Judge mentioned something about needing 24 hours... He is now checking with
#LeteciaStauch as to why she made this choice.
"You understand that even if you aren't here the hearing will still take place" "Yes sir" "They will still present evidence" "Yes sir"
#LeteciaStauch says "I have confidence in my counsel.”
Judge Werner saying "They are going to submit evidence, don't you want to hear that? Or see that?" "I have faith in my attorneys" He's now explaining this meeting could change the bail situation in the case, (unlikely). She says she doesn't care
Judge asks "are you sure?" "Yes sir" "Have you had some time to think about it?" "About a year”
Judge says they will give her another chance to join in tomorrow, but for now,
#LeteciaStauch is out. She left the hallway.
@4thJudicialDA is now saying he objects. Judge Werner says he hasn't made his decision on whether or not she can actually do that.
So
@4thJudicialDA says
#LeteciaStauch is refusing to be transported, not because of COVID protocols, but simply because she didn't want to. He says he'll have a harder time proving his points without her being here.
WOW.
@4thJudicialDA just said he believes her not showing up should be grounds to just move this to a trial and not even bother with this hearing today. That would be the first time I've seen that happen. That would mean we wouldn't hear the details of this case until then.
Judge needs to make a decision on that, we will see what he chooses. Now hearing from Mr. Tolini.
Tolini says he doesnt understand the argument from
@4thJudicialDA that witnesses will not be able to point to
#LeteciaStauch if she isn't here. "She's the same
#LeteciaStauch as she has always been."
He says he wants to still go forward with the preliminary hearing.
Judge says he believes
#LeteciaStauch has waived her appearance, but "in this case she wants the proceedings to go forward, but just not be here for it." Sounds like he's leaning towards keeping the prelim, even without her.
Judge :"She is represented by counsel here and clearly said she did not want to wave the hearing themselves, so we will keep the prelim." Ok, here we go then.
Mentioning that
#LeteciaStauch would be waiving her prelim for her other charges. Attorneys chat about doing that today or tomorrow...but now on to the first witness.
Jason Yoder is the first witness. Judge is swearing him in now.
@4thJudicialDA attorney passes Yoder a big old binder of photos of evidence. Yoder is from Santa Rosa County Florida. Sgt. of major crimes unit with Santa Rosa Sheriff's Office
March 17th, 2020. He got a call from bridge workers for a discovery of a body under a bridge. That's Gannon.
Body was inside of a suitcase. Body was emptied before they got there by the department of transportation.
Macon Ponder is who found the suitcase. They were looking at the west side of the bridge, walking under it. He and his partner found the suitcase, drug it out, opened it out, dumped it out, found the body.
Al Stauch is staring directly ahead. Things start right off the bat with rough details.
Yoder now says the body was wrapped in blankets when he got there. "It appeared to be that of a child, a small child.”
Clarifying that part of this area is not in Yoder's jurisdiction...lots of "east of the bridge, west of the bridge." Seems like
@4thJudicialDA is trying to say which side of the bridge would indicate which direction someone would be driving.
Yoder says the suitcase would be on the Eastbound lanes, going away from Pensacola. Yoder says there is an emergency pull off area near where the suitcase was found.
and
@4thJudicialDA says "if you looked right down from the bridge, would it be where the suitcase was found?" Yoder: "Yes sir" "Would that indicate it was dropped?" "yes sir.”
Yoder says they could tell it was a male child based on the clothing, figured they were between 9-13 years old. Medical team came and removed the body for an autopsy. Also checked local records for missing kids, nothing statewide...but national….
"A flyer was brought to my attention of a missing Colorado child." "Was that a flyer for
#GannonStauch?" "Yes sir."
Asks if it is unusual for a body to be found from another state. Mr. Tolini objects, judge overrules. "No sir that is not normal." Says he contacted
@EPCSheriff then.
"Severely decomposition-ed." Says the body was in a fetal position. Sorry this is rough. There were efforts to take the blankets off the body, clean it. "Could you see injuries?" “Yes”
"Fractured skull" "Gunshot to the jaw" "Sharp force injuries to chest, back" "There were a few cuts on his arms, a few on his hands.”
"Would that be consistent with 'defensive injuries'" "Yes sir" That's horrible. Paints the picture Gannon was trying to block a knife.
Al has red eyes at this point. The room is silent except for typing and the speaking.
Autopsy will specifically detail out how many stab wounds. Lower left jaw is where he was shot according to the autopsy. Found 2 red pieces also...
Yoder is explaining how they found "projectiles" in some of the pillows and blankets also found in the suitcase, all were sent to at EPC
@4thJudicialDA asks Yoder to open the photo notebook. People's exhibit one: "This looks like the flyer that was brought to my attention trying to identify Gannon.”
Exhibits are being shown on the monitors around the courtroom. First up is that flyer many of us have seen before with 4 photos of
#GannonStauch. Yoder says "We first thought it was him because of the gap in his teeth and two large front teeth.”
Now on to exhibits 2-8 (they aren't up on the monitors yet): "are those photos depicting the scene under the Gambia River bridge?" "Yes sir." Exhibits are admitted.
We're now seeing the suitcase open under the bridge. His parents are bent over in their pew. A few folks are crying behind me softly.
@4thJudicialDA
asks Yoder how you get access to this side of the bridge. Yoder says it would be really hard to cross over the river from the OTHER side. He's trying to illustrate which side of the road someone would have had to be on to dump the suitcase.
Yoder says this is a frequently traveled bridge for people in the state or driving through.
Yoder is now pointing to the photo to highlight were the suitcase is, the body is, and the "impression" was (where they believe the suitcase landed.)
"What's the distance between where the suitcase is and the impression is?" "6-8 feet" "Mr. Ponder dragged it out of the weeds?" “Yes"
Ouch. First up close photo of Gannon wrapped in blankets laying next to the suitcase. You can see his hairline peaking out. His family is bent over, silent, but no longer watching.
3: just a photo of the suitcase "impression." Basically a dent in some grass.
4: a pillow with blue sharks on it. Yoder says he found "projectiles" in this.
6: One of the blankets found in the suitcase...and 7:is the other side of the blanket. It's the same blue shark pattern.
8: Another blanket, this one is red and blue.
@4thJudicialDA
confirms they sent all that to
@EPCSheriff
Time for Mr. Tolini to cross examine.
Mr. Tolini is asking about the lacerations to the hands. Yoder says "I don't remember them to be all that deep." "Other cuts, how deep were those?" "I don't remember." "did she say it would have been enough to be fatal." "had it as a contributing factor but not the most.”
One bullet was recovered from inside the body, and 2 from inside that blue shark pillow. Yoder says he saw 2 holes in the pillow, no exit holes.
Yoder says Dr. doing the autopsy says the gunshot was enough to be fatal. "Yes" Tolini asks if the skull fracture could have been from the suitcase going over the bridge. Yoder says "she did not say either way.”
"Muzzle to flesh" They did not see this, so that would indicate someone was close when they fired. No real details on how close the gun was fired, but it sounds like more than 18 inches, otherwise there would have been marking or burns from gunpowder.
Redirect now from
@4thJudicialDA
Yoder says "No clue on indication of which was the fatal cause, but that the fatal gunshot wound and fatal blow to the head are listed." Trying to clear up timeline of attacks, says they wouldn't be listed if they happened after he died.
Yoder says the stage of decomposition was about a month when they found it. Yoder says the body was in the suitcase for a substantial amount of time. "Body fluid leaked through the case where the suitcase was.”