Found Deceased CO - Gannon Stauch, 11, Colorado Springs, El Paso County, 27 Jan 2020 *Arrest* #53

[imstilla.grandma]

The El Paso County Sheriff's Office is searching for 11-year-old boy who ran away from home.
He was wearing a blue jacket and jeans when he left his house.

He is 4'9" and weights 90 pounds.

Anyone with information is asked to call (719) 390-5555.
El Paso County Sheriff's Office asking for help finding missing 11-year-old boy


Gannon Stauch of Colorado Springs left home on foot around 3:15 p.m. to go play at a friend's house, his parents say, but never came home.

Gannon was wearing a blue hoodie, blue jeans and tennis shoes when he went missing. He has brown hair with brown eyes and weighs 90 pounds.
The EPC Sheriff's Office is asking you to call 719-390-5555 if you have seen Gannon or know of his whereabouts.‬
El Paso County Sheriff's Office asking for help finding missing 11-year-old boy

The last known sighting of Stauch was Monday afternoon between 3 and 4 p.m. in the Lorson Ranch neighborhood at his home. He lives along Mandan Drive east of Colorado Springs near Fontaine Boulevard and Marksheffel. He was reportedly going to visit his friend a few streets away.

Gannon's father is a member of the National Guard, and the Guard is assisting with search efforts.

Due to his age and expected weather, the Major Crimes Unit is assisting in the search because they have more tools at their disposal.
MISSING: 11-year-old Colorado boy, missing for more than 24 hours

MEDIA MAPS & TIMELINE - *NO DISCUSSION THREAD*

LINK TO AMANDARECKONWITH'S CASE ARCHIVE

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[Cindizzi]

Thank you!

This is the same expert I remember that goes back to some type of dissociative disorder at the time of the crimes, and I think we first learned of this in 2021(??)...

Thanks again.

ETA: In my notes from Feb-March 2021 and after LS wrote a letter to the Judge, I printed “dissociative disorder” and COL, so I'll go search there. (Crimeonline).

You’re welcome friend!
Found this from December 2021

Letecia Stauch to receive another mental evaluation

Letecia Stauch, the El Paso County woman charged with murdering her 11-year-old stepson, Gannon Stauch, will have another mental health evaluation.

www.koaa.com

EL PASO COUNTY — Letecia Stauch, the El Paso County woman charged with murdering her 11-year-old stepson, Gannon Stauch, will have another mental health evaluation.

She appeared in court, virtually, at a hearing on Thursday where the decision was made. Her lawyers argued she suffers from a "dis-associative disorder," and there are concerns about how this played a role in Gannon Stauch's death.

[…]

At a previous hearing, the defense said on Thursday they plan on introducing new evidence regarding a mental health issue related to Letecia. They said that the mental health defense would only apply to Letecia's actions after the alleged murder of Gannon. The judge said it's likely this mental health defense could be related to the charge of tampering with a body or anything after the alleged murder.

 

[Amster]

My prediction is she will continue jerking the judge around (he seems quite content to cater to her every whim) and torturing the family until she eventually pleads guilty.
How many chances does she get on the sanity question? Until she gets the result she wants?

 

[katydid23]

I’ve not seen it reported, but from viewing and listening to the hearing today via WebEx I can say that Judge Werner said at least twice that a JURY will be the ones who decide Sanity!

Thank you!

This is the same expert I remember that goes back to some type of dissociative disorder at the time of the crimes, and I think we first learned of this in 2021(??)...

Thanks again.

ETA: In my notes from Feb-March 2021 and after LS wrote a letter to the Judge, I printed “dissociative disorder” and COL, so I'll go search there. (Crimeonline).

So this out of state 'expert' already has his own theory about the defendant's mental status. And this is the expert that will conduct the next evaluation? How objective will that evaluation be if he already has his own theory about her dissociative disorder?

 

[Seattle1]

So this out of state 'expert' already has his own theory about the defendant's mental status. And this is the expert that will conduct the next evaluation? How objective will that evaluation be if he already has his own theory about her dissociative disorder?

You know what they say about trial "experts" -- and how their expertise never fails to follow the bread buttering their bread.

Thus far every state-contracted physician has deemed LS competent to participate in her defense, and without stating the recent report from the state hospital found her sane at the time of Gannon's murder, the purpose of requesting this expert evaluation is to support LS not guilty by reason of insanity.

It will be interesting to learn what he discovers that so many others before him have missed. MOO

 

[katydid23]

Can dissociative identity disorder be used in court?


Courts generally have found that although an individual may have distinct personalities that control his or her behavior, the condition does not preclude criminal responsibility.

Dissociative identity disorder: No excuse for criminal activity - MDedge​

How can you tell if someone is faking DID?
Individuals faking or mimicking DID due to factitious disorder will typically exaggerate symptoms (particularly when observed), lie, blame bad behavior on symptoms and often show little distress regarding their apparent diagnosis.

Dissociative identity disorder - Wikipedia​

[/URL]

 

[Niner]

Date Len Appearance Name Hearing Type Case # Location Division
9/15/22
1:30 PM 1Hr STAUCH, LETECIA Status Conference D212020CR1358 El Paso County DIV 15-ROOM S403 (South Tower)


link: Colorado Judicial Branch - Court Docket Search

 

[NCWatcher]

Of course, you're correct @NCWatcher that the Court will follow the law and work to accommodate the defense request.

I hope you recognize I'm guilty of venting my frustration over what I think are LS's intentional delays that serve to impede justice for Gannon.

Nonetheless, I do believe the subject expert is the same that somehow introduced the defense strategy of interjecting temporary insanity during the act, and soon after, regaining sanity. Perhaps it was a successful strategy used for another case or the expert reached out to the defense directly.

I still regret LS is using the Court's evaluation system to enable the approach -- at the expense of the taxpayers. MOO

Oh sure, I understand. This case is frustrating. But many high-profile cases aren't on a "rocket docket." For example, the James Holmes case. He was arrested at the scene but his trial didn't occur for nearly 3 years (3 months short of 3 years.) He also had 2 insanity evaluations (& despite a known psychiatric history, the jury found him sane.) Casey Anthony's trial started in May 2011 after her daughter went missing in summer of 2008. LS's timeline isn't that different.

I can't really fault the defense attorneys for working hard to provide a defense. IMO we are better off as a society when that happens. If there's fault in the process causing the bigger slow downs, it's at the CMHIP. But that's not simple to solve either.

Colorado Mental Health Institute at Pueblo can’t meet patient demand with staffing shortage - KRDO

PUEBLO, Colo. (KRDO) -- The state's mental health hospital closed three units, keeping roughly 350 people waiting for treatment, as hospital officials struggle with staffing shortages amid rising patient demand. The pandemic increased the workload at the Colorado Mental Health Institute at...

krdo.com

While evaluations cost money, I still feel it's much better to spend that money now. A second trial would cost way more and cause more disruption in people's lives than a second evaluation now. Better the judge grant any legally reasonable defense motions now to avoid a reversal later. It's not as though LS's is out on bail.
JMO

 

[Kiranerys]

I’ve not seen any mention of her appearance either.

I watched the hearing via WebEx from beginning to end and only saw quick glimpses of LS. When she entered and exited the Courtroom she walked right in front of the camera. Once seated in between her attorneys the camera showed only her Defense Tolini and a slight portion of LS arm and shoulder in her orange jail garb. She was wearing a black facial mask covering her nose and mouth.

I was struck by the length of her hair— looked like almost waist length- and she looked a bit heavier in weight.

JMO

I guess people have stopped writing messages in her peanut butter now eh?!

 

[Seattle1]

Can dissociative identity disorder be used in court?


Courts generally have found that although an individual may have distinct personalities that control his or her behavior, the condition does not preclude criminal responsibility.

Dissociative identity disorder: No excuse for criminal activity - MDedge​

How can you tell if someone is faking DID?
Individuals faking or mimicking DID due to factitious disorder will typically exaggerate symptoms (particularly when observed), lie, blame bad behavior on symptoms and often show little distress regarding their apparent diagnosis.

Dissociative identity disorder - Wikipedia​

[/URL]

Still reading up on experts for DID/MPD per DSM-5 criteria and I think using this defense might be the hail mary for sentencing purposes.

Seems there are several arguments that this diagnosis is consistently mistreated in jail/prison and the push will be for LS to end up in a mental facility. Nonetheless, I doubt LS is going anywhere but to DOC. MOO

 

[Tealgrove]

Just venting here this afternoon. I’ve been following this particular case since day 1 so I’m in for the long haul.

It bothers me so much that Gannon has been lost in all of Leticia’s BS. It’s become more about her and her antics than a sweet boy named Gannon who was murdered by a monster.

I’m frustrated and impatient but I know she’s going down for this. Justice will come for Gannon. I know, I despise that woman so much I can barely stand it.

It’s just really important to remember a very sweet boy, who loved Sonic The Hedgehog, and who should be with us today.

He is loved and missed by many. Let’s hope this is the last of Leticia’s attempts to stall the proceedings.

It’s time this evil witch gets her comeuppance.

MOO

 

[Seattle1]

Sharing the conclusion of a WA State case where on appeal, the Court found that DID was relevant to consider for a defense of insanity and diminished capacity, and granted a new trial.

In the 2nd trial, the defendant was convicted as charged. However, of interest here was that the defense expert in the first trial supporting the DID diagnosis appeared as a prosecution expert witness for the 2nd trial. He said he changed his mind about the defendant and that he was fooled by him.

FindLaw's Court of Appeals of Washington case and opinions.

FindLaw's searchable database of Court of Appeals of Washington decisions since

caselaw.findlaw.com

Conclusion

To summarize, DID is a generally recognized mental disorder and the trial court erred in concluding to the contrary.   Although we hold as a matter of law that DID satisfies the Frye standard, we decline to adopt a per se rule with regard to the admissibility of expert testimony concerning the disorder.  

When faced with a challenge under ER 702, a trial court must first determine whether, given the facts of the case, the symptoms of DID are relevant to the particular defense or other legal concept at issue.  

In this context, “relevant” has the meaning ascribed in ER 401.   Given the nature of the disorder, the trial court may, if appropriate, examine the relevance of DID with respect to different time periods or separate offenses.   Cf. Denny-Shaffer, 2 F.3d at 1018-22 (distinguishing between the period of initial abduction and the subsequent continuing actions of kidnapping).  

In addition, the trial court may consider the state of mind of whichever alters the circumstances dictate, i.e., the emergent alter if no other alters are co-conscious, all co-conscious alters, or other appropriate combination.  

If the trial court determines that evidence of DID is relevant, the trial court may nevertheless exclude the evidence if the factors indicating a probability of malingering or faking are present.

We conclude, in this case, the disorder is relevant to the defense of insanity on the indecent liberties charge and to the defense of diminished capacity on both charges.   In addition, we find that Mr. Greene does not exhibit signs of obvious malingering.   We therefore remand for a new trial.  

On remand, Mr. Greene must satisfy the Edmon factors before he may introduce expert testimony that he lacked the capacity to form the requisite mental state for the crimes charged.   Provided he does so, Mr. Greene should be provided an opportunity to present both defenses to a jury.

In light of our disposition, we need not reach the issue whether the trial court erred in admitting the testimony of, and letters written by Mr. Greene to, a prior victim.   Likewise, we need not address Mr. Greene's pro se arguments concerning the constitutionality of the Persistent Offender Accountability Act.

Reversed and remanded for further proceedings consistent with this opinion.

 

[Seattle1]

Just a reminder that 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 the defendant was sane at the time of the 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).

Good summaries of Colorado NGRI law:

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

BOULDER, Colo.

www.colorado.edu

The Dire Consequences of Pleading Not Guilty by Reason of Insanity in Colorado

People found not guilty by reason of insanity are sent to Colorado's mental health hospital ostensibly for treatment.

www.5280.com

https://scholar.law.colorado.edu/cgi/viewcontent.cgi?article=1877&context=articles

 

[Seattle1]

At a previous hearing, the defense said on Thursday they plan on introducing new evidence regarding a mental health issue related to Letecia. They said that the mental health defense would only apply to Letecia's actions after the alleged murder of Gannon. The judge said it's likely this mental health defense could be related to the charge of tampering with a body or anything after the alleged murder.

^^rsbbm

It seems the rub with DID diagnosis is the subject really needs to be evaluated while in the state of DID and not when convenient for the facility to accommodate her and/or a bed available.

I was recently reminded that LS allegedly broke a window with the broom handle at EPCJ and was writing notes to other inmates seeking assistance for her grand jail escape. I wonder if the defense plans to use the jail escape as evidence LS was experiencing DID during this time. (She was her miniature personality where she was going to slip through the bars of the cell window, like magic). MOO

 

[Seattle1]

You know what they say about trial "experts" -- and how their expertise never fails to follow the bread buttering their bread.

Thus far every state-contracted physician has deemed LS competent to participate in her defense, and without stating the recent report from the state hospital found her sane at the time of after Gannon's alleged murder, the purpose of requesting this expert evaluation is to support LS not guilty by reason of insanity.

It will be interesting to learn what he discovers that so many others before him have missed. MOO

^^Edit by me for the defense's position.

 

[MsBetsy]

^^rsbbm

It seems the rub with DID diagnosis is the subject really needs to be evaluated while in the state of DID and not when convenient for the facility to accommodate her and/or a bed available.

I was recently reminded that LS allegedly broke a window with the broom handle at EPCJ and was writing notes to other inmates seeking assistance for her grand jail escape. I wonder if the defense plans to use the jail escape as evidence LS was experiencing DID during this time. (She was her miniature personality where she was going to slip through the bars of the cell window, like magic). MOO

Maybe the defense will claim 'Eguardo' is her other personality. There's also her letter from jail about the real killers and people slipping notes in her peanut butter.

This is going to be an interesting trial.

 

[Seattle1]

Maybe the defense will claim 'Eguardo' is her other personality. There's also her letter from jail about the real killers and people slipping notes in her peanut butter.

This is going to be an interesting trial.

True. But to work with the defense's theory, LS just has to remember that Eguardo can't show up until after Gannon's murdered. Maybe he was driving the box truck. Only Eguardo could heave the suitcase over the railing onto the riverbank.

 

[MsBetsy]

True. But to work with the defense's theory, LS just has to remember that Eguardo can't show up until after Gannon's murdered. Maybe he was driving the box truck. Only Eguardo could heave the suitcase over the railing onto the riverbank.

Yes, maybe from the trauma of the murder, she turned into Eguardo, and it was he who moved and hid the body. Then by the time police interviewed her she was Letecia.

I don't think this defense is going to be at all convincing.

Not many people believed Billy Milligan had 24 personalities. I doubt many would believe it now.

That is the only case I know of with this type of defense. Anybody know any others?

 

[Seattle1]

Yes, maybe from the trauma of the murder, she turned into Eguardo, and it was he who moved and hid the body. Then by the time police interviewed her she was Letecia.

I don't think this defense is going to be at all convincing.

Not many people believed Billy Milligan had 24 personalities. I doubt many would believe it now.

That is the only case I know of with this type of defense. Anybody know any others?

There are at least two things going for the prosecution at this time:

1)The burden is on the state to show LS was sane after she murdered GS, and drove his body across the country, and 2) LS is yet to be deemed insane by an evaluator.

I don't doubt the prosecution will prevail on sanity.

If her defense is allowed to call an expert to promote that DID should be considered when evaluating her actions, I think this "win" will only serve to save face for LS who really wants her family to believe that she goes in and out of her own mind and therefore has no memory. I've long believed there's been a lot of enabling in her life.

Perhaps this defense by LS is mostly about being able to keep her daughter within close range. I don't think it's about protecting her child -- We know LS is all about LS. MOO

 

[BeckyF]

Every time I read again, anywhere at all, that a victim’s family members think that the perpetrator has more rights than the victim, I will think of this case. Because it certainly appears that way. I bet Gannon’s parents are nauseated at the continual delays. I just want to hug them.