GUILTY CO - Gannon Stauch, 11, found deceased, Colorado Springs, El Paso County, 27 Jan 2020 *Arrest* #70

[Seattle1]

According the interview with DA Allen, the photos were acquired from Florida since that’s where the autopsy was performed.

Very interesting. Nonetheless, if the autopsy had been performed in Colorado, since 2018, the same would have eventually been available in Colorado.

Most interesting here is that although Florida is currently (May 2023) introducing legislation to shield the release of details from Children's Autopsies, its current law does prevent the release/disclosure of any photo, video, or audio recording of an autopsy (i.e., considered confidential) held by a medical examiner---except for the child's next of kin...

Only the surviving spouse, surviving parents, or remaining children are exempt from the confidentiality of an autopsy medical report.

If true that the photos were acquired by anyone other than a GS family member deemed exempt from the confidentiality statute, it would be in violation of the current, or existing law pursuant to Florida Statute Section 406.135:

Any person who willfully and knowingly violates Florida law by having any custodian of a photograph, video, or audio recording of an autopsy can be charged with a third-degree felony in Florida. The penalties for a third-degree felony include up to a $5,000 fine and up to five years in prison.

Florida Bill to Shield Details from Children’s Autopsies - Pumphrey Law

Two years after a mother tragically lost her two sons in an act of domestic violence, Florida Legislature is on its way to passing a new law that would

www.pumphreylawfirm.com

ETA: It appears that the FOIA overrules the State's own laws for children's autopsy photos intended to protect the victim's family, and with that, I'm surprised the release of photos didn't happen earlier.

 

[Seattle1]

YouTuber charged people to see autopsy photos of 11-year-old: ‘Completely disrespectful’

“It’s just completely disrespectful to the family members that have had to live through this horror. But even more so, Gannon deserved so much more,” the lead prosecutor said.

www.wjtv.com

July 12, 2023

(NewsNation) — A YouTuber obtained gruesome autopsy photos of a murdered 11-year-old boy and then charged money for people to view them, NewsNation has learned.

The YouTuber, going by the name “Zav Girl,” sent in a Freedom of Information Act request for the autopsy photos of 11-year-old Gannon Stauch, who was fatally stabbed and shot by his stepmother in 2020.

Once the pictures were released to the person running the YouTube account, she charged her followers $3 on Patreon to view them.

[..]

Michael Allen, the lead prosecutor on the Stauch case, said his office reached out the child’s family about the photos but there’s not much they can do to completely take the photos down once they have been shared on the internet.

[..]

After receiving backlash, the YouTuber posted a statement about the controversy.

“The reality of the situation is that different people feel differently about this,” the YouTuber wrote, in part, in the since-deleted statement. “Some people genuinely think making a video including the autopsy photos is bad and I respect their opinion and feelings. Other people, like myself, think of autopsy photos and the coroner discussing/explaining them as interesting and informative and are able to view it all in a more scientific detached way.”

But Allen thinks the reasoning behind releasing the photos “rings hollow” and thinks there are other ways to scientifically show what happened.

[..]

Allen said that since the autopsy was performed in Florida, authorities in the state approved the Freedom of Information Act request.... The images of Gannon’s body are so graphic, parts of them were blocked at Letecia Stauch’s trial.

 

[cujenn81]

The True Crime community (acknowledging I'm a member here, but this site has strict TOS) is out of control. Even the letter written to the judge in this case (posted by the court a few pages back) gave me secondhand embarrassment referencing "all of true crime youtube followers." imo

I totally agree. Has anyone seen that new Peacock show Based on a True Story? It’s a complete mockery of the True Crime community but feels a bit too true to life in the worst possible ways.

This YouTuber is clearly so desperate for attention that she has no qualms about degrading herself by using the murder of a child to get it. Quite frankly, it should be ILLEGAL to publish the autopsy photos of a minor without the explicit consent of their parent and/or guardian. Period, end of sentence. Full stop.

 

[heartandsoul]

Gannon's parents should not have to deal with this. That is the true cost of that youtuber's decision to monetise autopsy photos of a murdered child.

 

[Seattle1]

Jul 11, 2023

#GannonStauch #NewsNation #DanAbramsLive
A true-crime YouTuber obtained gruesome autopsy pictures of 11-year-old Gannon Stauch and then charged $3 on Patreon for people to view the photos. Michael Allen, lead prosecutor in the murder trial of the child’s stepmother Letecia Stauch, called the YouTuber’s actions “outright disgusting” and “completely disrespectful to the family.”

 

[Seattle1]

Jul 12, 2023

#GannonStauch #YouTuber #Crime
Many in the true-crime community are furious at the YouTuber who charged people to view gruesome autopsy photos of 11-year-old Gannon Stauch. Podcast hosts GiGi McKelvey, Lauren Matthias and Peter Tragos join NewsNation senior national correspondent Brian Entin to discuss.

ETA: Florida Attorney Peter Tragos confirms my earlier post that it's illegal for anyone other than GS family to obtain his autopsy photos, and Peter believes it's most likely the YT'er made an FOIA request where a Florida State Govt employee likely released the entire file pursuant to the FOIA request, prior to and/or failing to extract the autopsy photos of Gannon from the file.

 

[FrostedGlass]

Autopsy photos can be really horrible. Is it necessary for prosecution to use them instead of diagrams of the injuries?

 

[iamshadow21]

Autopsy photos can be really horrible. Is it necessary for prosecution to use them instead of diagrams of the injuries?

Murder IS horrible. There is a time and a place for photographs of deceased murder victims, and the trial is one of them. They can be shocking and upsetting, yes, but they illustrate injuries to the body of an individual human being in a way that a diagram never can, though diagrams are also used to great effect to give a full picture overview of injuries in tandem with the photographs. Other 'fair use' instances of postmortem photographs include certain academic works used to further understanding and knowledge of people working in the fields of forensics and medicine. Both trials and academic publications follow strict guidelines when using such images. Another area that sometimes uses postmortem photographs is the realm of unidentified decedents. Sometimes, the image of the face or identifying characteristics of a Doe (like scars or tattoos) is a useful tool to lead to an identification, to get these people their names back and get them home to their families. This can't be done for every Doe, of course, but it's been done for a very long time, back to Does like Joseph Zarelli (the Boy in the Box) and the still unidentified Little Lord Fauntleroy.

A reminder, I am not an expert, just an amateur with an interest in forensics, so MOO.

 

[FrostedGlass]

Murder IS horrible. There is a time and a place for photographs of deceased murder victims, and the trial is one of them. They can be shocking and upsetting, yes, but they illustrate injuries to the body of an individual human being in a way that a diagram never can, though diagrams are also used to great effect to give a full picture overview of injuries in tandem with the photographs. Other 'fair use' instances of postmortem photographs include certain academic works used to further understanding and knowledge of people working in the fields of forensics and medicine. Both trials and academic publications follow strict guidelines when using such images. Another area that sometimes uses postmortem photographs is the realm of unidentified decedents. Sometimes, the image of the face or identifying characteristics of a Doe (like scars or tattoos) is a useful tool to lead to an identification, to get these people their names back and get them home to their families. This can't be done for every Doe, of course, but it's been done for a very long time, back to Does like Joseph Zarelli (the Boy in the Box) and the still unidentified Little Lord Fauntleroy.

A reminder, I am not an expert, just an amateur with an interest in forensics, so MOO.

Thank you.

I'm fine with the circumstances you've given; but I'm on the fence about gruesome photos being used for shock value to help get a conviction (which I believe happens). Also, showing them one time during the trial should be enough. All MOO

I didn't know there were strict guidelines for trials.

 

[iamshadow21]

Thank you.

I'm fine with the circumstances you've given; but I'm on the fence about gruesome photos being used for shock value to help get a conviction (which I believe happens). Also, showing them one time during the trial should be enough. All MOO

I didn't know there were strict guidelines for trials.

For the photos to get entered into evidence, they have to withstand defense challenges (they virtually always challenge their admission) and the judge has to allow them. The judge can deny prosecution from entering a photo if the defense successfully argues it is 'cumulative' ie. doesn't add anything that hasn't been shown in another image. Defense will also challenge over images that they think are purely included for 'shock value' and don't add anything to the case. There is a very precise dance both sides and the judge have to negotiate long before the jury sees anything. I saw this in the Stauch trial. Perhaps guidelines was the wrong word to use; that kind of implies written rules, whereas I think it's more about caselaw in the courts. It's completely not my area, so please correct and disregard what I've said if I'm wrong. I apologise if I gave the impression of expertise. My impressions of watching the Stauch trial was that judge, prosecution and defense all had a rough idea of what could and should be admitted, and both sides could argue their respective positions on an exhibit with the judge having the final say on what was admitted. I assumed there was a standard written down somewhere, I should not have assumed.

I am not a lawyer, so MOO.

 

[Seattle1]

YouTuber Charges Her Patreon Subscribers to View Gannon Stauch’s Autopsy Photos

A true crime enthusiast sparked controversy this week after she reportedly charged her Patreon subscribers to view photos from the autopsy of 11-year-old Gannon Stauch, who was brutally murdered by his stepmother in January 2020. Letitia Stauch was convicted earlier this year of stabbing Gannon...

www.crimeonline.com

7/12/23

YouTuber Zav Girl reportedly filed a Freedom of Information Act request to get the photos from the autopsy and then charged her subscribers $3 to view a video she created from the files she received, according to NewsNation. The video created a surge of criticism, much of it condemning the video for the callousness it showed to Gannon Stauch’s family.

“There are, there have always been, and there will always be evil ghouls taking advantage of innocent victims,” CrimeOnline’s Nancy Grace said. “It’s called ‘BLOOD-MONEY,’ and while many do not consider it a crime, I DO. Those who have used sweet Gannon in this horrid manner have bought a ONE-WAY TICKET TO HELL!”

[..]

Michael Allen, the lead prosecutor in the case, told NewsNation that there was nothing about Zav Girl’s video “that provides any dignity or respect to Gannon.”

[..]

“In this case I spent a lot of time and worked hard putting together a video lining up the coroner’s audio and descriptions along with the appropriate part of the photos she is describing and editing it together to try to make it as informative as possible for the viewer,” she said. “That is what I am charging for, which I would hope you can agree is understandable.”

Allen said that Zav Girl’s reasoning “rings hollow” because the autopsy report also included body diagrams, which could have been used instead of photographs “of Gannon’s just completely broken body that reflects the depravity and horror that he had to live through.”

[..]

Allen also pointed out that it was Florida authorities who approved the FOIA request.

“Florida law allows these sorts of things to go out,” he said. “Maybe we need to look at changing the law as it relates to autopsy photos being released on the internet.”

Gannon’s autopsy photos were showed to the jury during Letitia Stauch’s trial, but parts of them were deemed too graphic and were blocked.

At least one other true crime content creator made a video from the autopsy files, but it’s not clear if she has removed it. Her Patreon account is still up.
“Florida law allows these sorts of things to go out,” he said. “Maybe we need to look at changing the law as it relates to autopsy photos being released on the internet.”

Gannon’s autopsy photos were showed to the jury during Letitia Stauch’s trial, but parts of them were deemed too graphic and were blocked.

At least one other true crime content creator made a video from the autopsy files, but it’s not clear if she has removed it. Her Patreon account is still up.

​

“Florida law allows these sorts of things to go out,” he said. “Maybe we need to look at changing the law as it relates to autopsy photos being released on the internet.”

Gannon’s autopsy photos were showed to the jury during Letitia Stauch’s trial, but parts of them were deemed too graphic and were blocked.

At least one other true crime content creator made a video from the autopsy files, but it’s not clear if she has removed it. Her Patreon account is still up.

 

[MTW2011]

Admittedly, I have now spent too much time researching into this, and I hope it is ok to return and share my latest thoughts here. This is not condoning any of these actions from any of these people. I hope that is clear upfront.

I have now found 3 YouTube channels, with audiences significantly larger than the one mentioned in these stories about “profiting” off the photos. These channels live-streamed the trials from the Court’s virtual platform. These channels, on the day that coroner testified showed the same autopsy photos - the same horrific, terrible photos of poor Gannon.

These channels were just sharing the live feed that the Court set up for virtual viewing; one of the cameras included a view of the monitor near the witness stand where you can see the same autopsy photos on full display. These videos are up on YouTube for anyone to see & not behind any paywall. These channels collect YouTube super chats where you can add money with your comment. I also saw these images were on several places on Reddit (because the images were available as soon as the official livestream showed them) I saw the prosecutor say in a News show that they covered up the worst of the photos, I am not entirely sure as you can compare the images side by side and they are almost entirely the same. Unfortunately this was possible as you could see them in full via the WebEX platform the Court used at the time of writing this these are still accessible to the public and you can see the same images from the hearing, while those who were using Patreon website platform have been shut down.

In the end, it seems like this saga has brought forth some potential pitfalls and real risks for the release of such records but I am not sure if only a few people who posted are only to blame. In other cases i have seen prosecutors Motion to Seal some records after trial, I am not sure if that was done here. If it was, but more open records laws allowed public to access them without exemption then perhaps looking again at those guidelines and protocols would be helpful. I think we all know that the at the root of all this is the importance of protecting Gannon and those like Gannon from continued revictimization and adding pain to the loss they’ve already endured.

 

[Seattle1]

https://coloradofoic.org/wp-content/uploads/2019/03/CFOIC_criminaljustice_tipsheet.pdf

Autopsy reports: Not criminal justice records, but available for inspection under the Colorado Open Records Act (CORA). May be withheld only upon a showing in court that disclosure would cause “substantial injury to the public interest.”

Guide to Colorado’s Open Records and Open Meetings Laws - Colorado Freedom of Information Coalition

For the first time, CFOIC’s sunshine laws guide is available in an online format that is searchable and indexed by topic.

coloradofoic.org

Autopsy reports​

Coroners’ autopsy reports are specifically excluded from CORA’s general medical records exemption and, therefore, are not criminal justice records. C.R.S. § 24-72-204(3)(a)(I). An autopsy report on a homicide victim may be withheld only under the legal procedure specified in CORA for denying access based on “substantial injury to the public interest.” Denver Publishing Co. v. Dreyfus (Colo. Supreme Court, 1974); Freedom Newspapers v. Bowerman (Colo. Court of Appeals, 1987). A coroner must apply to the district court for an order authorizing the withholding of an autopsy report under that standard.
____________

Lawmakers vote to close child autopsy reports, put burden on the public to seek access in court - The Colorado Independent

Colorado lawmakers are poised to close public access to autopsy reports on minors, bowing to a request from county coroners who say disclosure of the records unnecessarily invades the privacy of families and encourages copycat teen suicides. Journalist associations and open government advocates...

www.coloradoindependent.com

May 8, 2018 --

A refresher on SB 18-223 to close child autopsy reports from public access -- placing the burden on the public to seek access in court:

Be reminded the Bill passed the House, making the reports confidential and available only to certain parties. An amendment permitted “any person” to petition a district court for access to a report “on the grounds that disclosure … constitutes a significant public benefit.”

HOWEVER, THE BILL WAS VETOED BY THE GOVERNOR -- PREVENTING THE BILL FROM BECOMING LAW.

The Bill would have created a Law opposite of how public access to autopsy reports worked for many years in Colorado, (and still works today):

Autopsy reports are specifically excluded from a Colorado Open Records Act (CORA) provision that makes medical records confidential, and the Colorado Court of Appeals ruled in 1987 that a records custodian can deny inspection of an autopsy report on a homicide victim only by showing a court that disclosure would cause “substantial injury to the public interest.”

“This amendment says that the majority of young folks who die, folks who die under the age of 18, their medical records and the intense and gruesome details of how they died are not in the public interest,” the Broomfield Democrat said. “That is family information. That is not something that any individual who walks in off the street should have access to.”

The measure, had it become law, would have directed a district court to provide access to a child autopsy report upon a finding that “public disclosure outweighs the privacy interests of the deceased and the members of the family of the deceased,” and the sought-after information is not otherwise publicly available.

Understanding what happened with Gannon's autopsy report and photos, the proposed SB would have prevented the Youtuber from having access to the autopsy photos -- without a Court Order.

Coincidentally, County coroners, led by El Paso County [retired] Coroner Robert Bux, asked for SB 18-223, telling lawmakers in committee hearings that public access to the [autopsy] reports sometimes leads to “contagion” suicides and homicides.

 

[Warwick7]

YouTuber charged people to see autopsy photos of 11-year-old: ‘Completely disrespectful’

“It’s just completely disrespectful to the family members that have had to live through this horror. But even more so, Gannon deserved so much more,” the lead prosecutor said.

www.wjtv.com

July 12, 2023

(NewsNation) — A YouTuber obtained gruesome autopsy photos of a murdered 11-year-old boy and then charged money for people to view them, NewsNation has learned.

The YouTuber, going by the name “Zav Girl,” sent in a Freedom of Information Act request for the autopsy photos of 11-year-old Gannon Stauch, who was fatally stabbed and shot by his stepmother in 2020.

Once the pictures were released to the person running the YouTube account, she charged her followers $3 on Patreon to view them.

[..]

Michael Allen, the lead prosecutor on the Stauch case, said his office reached out the child’s family about the photos but there’s not much they can do to completely take the photos down once they have been shared on the internet.

[..]

After receiving backlash, the YouTuber posted a statement about the controversy.

“The reality of the situation is that different people feel differently about this,” the YouTuber wrote, in part, in the since-deleted statement. “Some people genuinely think making a video including the autopsy photos is bad and I respect their opinion and feelings. Other people, like myself, think of autopsy photos and the coroner discussing/explaining them as interesting and informative and are able to view it all in a more scientific detached way.”

But Allen thinks the reasoning behind releasing the photos “rings hollow” and thinks there are other ways to scientifically show what happened.

[..]

Allen said that since the autopsy was performed in Florida, authorities in the state approved the Freedom of Information Act request.... The images of Gannon’s body are so graphic, parts of them were blocked at Letecia Stauch’s trial.

BBM!!!!

 

[iamshadow21]

BBM!!!!

Yes, the photos shown at trial had Gannon's face and crotch blurred. I have no idea if the images this person received were blurred, or if they showed everything.

MOO

 

[FrostedGlass]

I didn't follow this case or watch the trial. Exactly what was gained in this case by showing the actual photos versus a diagram?

 

[Seattle1]

I have now found 3 YouTube channels, with audiences significantly larger than the one mentioned in these stories about “profiting” off the photos. These channels live-streamed the trials from the Court’s virtual platform.

Thanks for your post @MTW2011.

Reading about your research, and what I'm also seeing posted on Twitter, something is off about the recent statements by District Attorney Michael Allen and how the Youtuber obtained access to the autopsy photos of Gannon --granted by Florida authorities:

Allen also pointed out that it was Florida authorities who approved the FOIA request. “Florida law allows these sorts of things to go out,” he said. “Maybe we need to look at changing the law as it relates to autopsy photos being released on the internet.”

More specifically, I'm seeing where three creators claiming to have requested and received the autopsy report and photos after paying the fee, and stating that they made no such FOIA or State Records request to the State of Florida, as reported by DA Allen, but in fact, filed their requests for the report with the 4th Judicial District Court records custodian, pursuant to the Colorado Open Records Act (CORA).

It doesn't follow that DA Allen wouldn't know the difference here -- especially when Colorado law doesn't seal or prevent children's autopsy reports and photos from being released to non-family members of the victim, whereas Florida law specifies that any photo, video, or audio recording of an autopsy held by a medical examiner is considered confidential, and only the surviving spouse, surviving parents, or remaining children, are exempt from the confidentiality of an autopsy medical report, and therefore hold the only legal authority in Florida to access the autopsy photos. MOO

So what's the real truth here?

YouTuber Charges Her Patreon Subscribers to View Gannon Stauch’s Autopsy Photos

A true crime enthusiast sparked controversy this week after she reportedly charged her Patreon subscribers to view photos from the autopsy of 11-year-old Gannon Stauch, who was brutally murdered by his stepmother in January 2020. Letitia Stauch was convicted earlier this year of stabbing Gannon...

www.crimeonline.com

Florida Bill to Shield Details from Children’s Autopsies - Pumphrey Law

Two years after a mother tragically lost her two sons in an act of domestic violence, Florida Legislature is on its way to passing a new law that would

www.pumphreylawfirm.com

 

[iamshadow21]

I didn't follow this case or watch the trial. Exactly what was gained in this case by showing the actual photos versus a diagram?

Gannon suffered a whole catalogue of injuries. They were on his head, neck, shoulders, arms, hands, and front and back of his torso. They did show a diagram to show the spread of wounds. The photographic images of the individual injuries were very important, in my opinion. The medical examiner was incredibly thorough. She walked the jury through every single one, explaining what it was made by, how she could tell, how deep it was, whether it was incapacitating or fatal. Gannon was stabbed close to twenty times, during which time he was attempting to shield himself, bludgeoned four times, and shot. Either the bludgeoning or the gunshot could have killed him, but it was the gunshot that hit very high on his spine that stopped his heart. I think without the photographs, it would have been much more difficult to walk the jury through the injuries he endured. Every new wound reinforced that this was no accident; LS was determined to destroy him. With the countless lies and versions of Gannon's death and disappearance LS told, I felt the unequivocal truth of what he suffered was very, very important for the jury to not only hear, but see. And the questions they asked throughout the whole trial showed just how much they were listening, thinking, and engaging with each witness and piece of evidence presented, including the autopsy evidence.

MOO

 

[DFWNF]

Admittedly, I have now spent too much time researching into this, and I hope it is ok to return and share my latest thoughts here. This is not condoning any of these actions from any of these people. I hope that is clear upfront.

I have now found 3 YouTube channels, with audiences significantly larger than the one mentioned in these stories about “profiting” off the photos. These channels live-streamed the trials from the Court’s virtual platform. These channels, on the day that coroner testified showed the same autopsy photos - the same horrific, terrible photos of poor Gannon.

These channels were just sharing the live feed that the Court set up for virtual viewing; one of the cameras included a view of the monitor near the witness stand where you can see the same autopsy photos on full display. These videos are up on YouTube for anyone to see & not behind any paywall. These channels collect YouTube super chats where you can add money with your comment. I also saw these images were on several places on Reddit (because the images were available as soon as the official livestream showed them) I saw the prosecutor say in a News show that they covered up the worst of the photos, I am not entirely sure as you can compare the images side by side and they are almost entirely the same. Unfortunately this was possible as you could see them in full via the WebEX platform the Court used at the time of writing this these are still accessible to the public and you can see the same images from the hearing, while those who were using Patreon website platform have been shut down.

In the end, it seems like this saga has brought forth some potential pitfalls and real risks for the release of such records but I am not sure if only a few people who posted are only to blame. In other cases i have seen prosecutors Motion to Seal some records after trial, I am not sure if that was done here. If it was, but more open records laws allowed public to access them without exemption then perhaps looking again at those guidelines and protocols would be helpful. I think we all know that the at the root of all this is the importance of protecting Gannon and those like Gannon from continued revictimization and adding pain to the loss they’ve already endured.

This is truly horrifying. I originally had doubts this could be true but from all the posts here it must be true. I have not come across any, nor did I ever search for any, and I do read true crime forums.

 

[Soulmagent]

Good on you, Brian. Shame these cockroaches back into the darkness they scuttled out from.

MOO

So ,it is such a harsh lesson for her ,but it was really really dumb to do ..
I think a lot of people will be overly forgiving to her prematurely do to her simple human form.
I honestly feel like Landon's message screams out to personalty evoke Zav girl in love . Her purpose needs direction.
Lets be real here,
There are people who could not live out their normal day to day over this whole set of events . They stayed home and shielded themselves ,or prepared to answer calls that covertly try to find out what you heard...They did this because of the actions of this insecure youtuber who is always asking her veiwers if she did the right thing and " well, what do your guys think(3 second pause) well let me see...," "you guys tell me ,what should I do ?''
So it is very clear to me she could benefit from therapy to help her make her own confident ,not publicly enticed choices (or monitary) to prevent her from ending up in this place again in her life space.