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

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Yesterday was the deadline for the Defense Expert witness report.
Looks like something was filed with the Court.



[…]
Court records show that Stauch's defense attorneys filed a report, the contents of which are unknown, to the court on Thursday.
[…]
 
Right or wrong, I think it's taken the spotlight on athletes and CTE to give any credit to what doctors were trying to say and/or educate in the 70's.
Thank goodness someone is finally listening. And, more importantly, funding research.

And bless those athletes, and their next of kin, who are donating brains to help researchers study CTE. Without a way to test for it in living subjects at this time, those donations are going to help so many people in the future.

MOO
 
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I'm not worried about LS NGRI plea for a couple of reasons. First, the previous doctors that evaluated LS believe she feigns DID.

Second, 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. JMO

 
Right or wrong, I think it's taken the spotlight on athletes and CTE to give any credit to what doctors were trying to say and/or educate in the 70's.
I’m glad that even athletes don’t get away with murder because of CTE. The ones playing the sport today know the risks and are putting money ahead of their health. Big risk,
 
Not counting Lewis's examination, there have been three. Two for competency, one for sanity.

So, two to say she's okay to participate in her on defense - one by the state, one by the defense.

And with the plea, one by the state.

Competency has a different standard to sanity, according to folks further back on the thread. Anyone who ever plead not guilty by reason of insanity was found competent, first.

The Difference Between "Competency" and "Sanity"
True. And while the insanity defense isn't usually successful, every single time it has succeeded, the defendant was believed to be competent to stand trial. So Lewis is quite correct someone can be competent but insane.
JMO
 
True. And while the insanity defense isn't usually successful, every single time it has succeeded, the defendant was believed to be competent to stand trial. So Lewis is quite correct someone can be competent but insane.
JMO
In my experience, I can't think of any case where the Court did not rule the defendant competent and NOT criminally insane.
 
I'm not familiar with AY but I know Colorado determined James Holmes was not criminally insane yet I think he's been housed in the mental hospital for years.

Andrea Yates - Wikipedia

Post-partum psychosis and schizophrenia combined with a religious belief that she and her husband should just keep having more children for God made a perfect storm that resulted in the deaths of all five of her children. It's incredibly sad, and a completely different kind of crime to the killing of Gannon, but she was found not guilty by reason of insanity in her second trial. She still lives in an institution, sounds like she is not interested in leaving though her case comes up for review regularly these days. I can't imagine there's really anything for her on the outside.

MOO
 
In my experience, I can't think of any case where the Court did not rule the defendant competent and NOT criminally insane.
Insanity defenses aren't successful very often as I said. It seems jurors are reluctant to believe in insanity as a defense. They'll say things like "but he/she still did it." Of course, some cases involve obviously bogus insanity claims. But it is true ANY defendant that has ever been found in court to have been insane at the time of the crime was judged competent first. Otherwise the cases wouldn't have been tried.

Jurisdictions do vary as to who carries the burden of proving the insanity. But here are some famous cases that have been tried where the defendant was found insane.
Here’s a look at cases where insanity defenses have been successful in the US

Here's another list that contains other less famous cases too.

JMO
 
arielilane from article said:
snipped by me...

The trial will begin with two weeks of jury selection, where the prosecution and defense will work to select a 16-person jury for the trial, four of which will be alternates.

I have in my notes that there will be 18 jurors picked with 6 alternates per the judge. ??
 
Insanity defenses aren't successful very often as I said. It seems jurors are reluctant to believe in insanity as a defense. They'll say things like "but he/she still did it." Of course, some cases involve obviously bogus insanity claims. But it is true ANY defendant that has ever been found in court to have been insane at the time of the crime was judged competent first. Otherwise the cases wouldn't have been tried.

Jurisdictions do vary as to who carries the burden of proving the insanity. But here are some famous cases that have been tried where the defendant was found insane.
Here’s a look at cases where insanity defenses have been successful in the US

Here's another list that contains other less famous cases too.

JMO
129 is a very low number when you consider the amount of cases being tried. IMO
 
129 is a very low number when you consider the amount of cases being tried. IMO
Many try, few succeed. Given the amount of people in custody with severe mental illnesses, the amount who succeed in using insanity as a defense should probably be much higher than it is. The way it stands, though, it doesn't take much to make a defendant not meet the requirements required by their particular local variation (M'Naughton, guilty but insane, etc).

That said, it is a 'go to' defense for a lot of people who committed cold blooded murders while knowing absolutely what they were doing was heinous and wrong, but they either didn't care or they were enjoying themselves too much. They know they're more than likely going to spend the rest of their life in prison, and a psychiatric institution sounds better in their position than supermax or death row. David Berkowitz was probably one of the most well known to play crazy when caught to try to avoid consequences, though he did not plead NGRI. He admitted later that he made up the story he'd told when he was arrested, that his neighbour's possessed dog commanded him to kill people.

MOO
 
129 is a very low number when you consider the amount of cases being tried. IMO
Sure (although I'm not promising 129 is that is a complete list.) I agree completely with @iamshadow21's answer.

I doubt LS will be found NGRI by the jury. My point was though a number of people posting kept pointing out that LS had been found competent to stand trial twice as if that made it impossible for her to be found insane at trial. That if she's competent she's got to be found to be sane too. Clearly that's not so. A person has to be competent for there to be a trial where the person can plead not guilty by reason of insanity. An older study done in Florida did find that people initially found incompetent and later found competent (probably after forced psychiatric treatment in most cases) were much more likely to be found NGRI.


But some initially competent defendants were found insane. In that study, bench trials were also more likely to lead to NGRI verdicts, probably because jurors may be swayed by emotion and judges have a better grasp of the law and the meaning of insanity as a defense.
JMO
 
Thinking of Gannon right now.

Wishing I could tell him, Yes, you can play Zelda, and you will be safe and unharmed and you're going to be breathing tomorrow.

We could have talked Sonic - my first games system was a Sega Mega Drive 2 - and my baby brother (who has an eleven year old of his own now) was and still is just as Sonic obsessed as him.

I bet he could have taught me how to play Zelda. I assume he had Breath of the Wild, given the timing. My eleven year old nephew is so, so much better than me. Despite a life of gaming, the massive open world is still so confusing to me, even with the inch-thick official game guide I bought to help me.

It's going to be all about that other person for a while, because of the trial. I wanted to take some time to think about Gannon now, before all that kicks off, before we learn the rest... The injuries, the timeline, the events before, during and after. I'll be as ready as I can be when that comes, but right now, I'm going to put my Switch on charge and block in some time to play Zelda tomorrow in Gannon's name rather than thinking about what's to come.

MOO
 

Jury selection for the murder trial of Letecia Stauch, who is accused of killing her 11-year-old stepson, Gannon Stauch, is set to begin on Monday in Colorado, and is expected to last two weeks given the high-profile nature of the case
 
I have in my notes that there will be 18 jurors picked with 6 alternates per the judge. ??
Hi, @Niner, I recall that same info as well. Info must have changed since your records. As you know I went by linked article on previous page ;)


"The trial will begin with two weeks of jury selection, where the prosecution and defense will work to select a 16-person jury for the trial, four of which will be alternates."

 
Thinking of Gannon right now.

Wishing I could tell him, Yes, you can play Zelda, and you will be safe and unharmed and you're going to be breathing tomorrow.

We could have talked Sonic - my first games system was a Sega Mega Drive 2 - and my baby brother (who has an eleven year old of his own now) was and still is just as Sonic obsessed as him.

I bet he could have taught me how to play Zelda. I assume he had Breath of the Wild, given the timing. My eleven year old nephew is so, so much better than me. Despite a life of gaming, the massive open world is still so confusing to me, even with the inch-thick official game guide I bought to help me.

It's going to be all about that other person for a while, because of the trial. I wanted to take some time to think about Gannon now, before all that kicks off, before we learn the rest... The injuries, the timeline, the events before, during and after. I'll be as ready as I can be when that comes, but right now, I'm going to put my Switch on charge and block in some time to play Zelda tomorrow in Gannon's name rather than thinking about what's to come.

MOO

I remember when Gannon was first missing and the Sonic movie was just hitting the cinemas, I hate that they have had time to make and release a second movie in the time it's taken us to get to this point where the trial is finally about to start.

We have been here from that first day Gannon, first hoping we were wrong and you would be found safe, although deep down we knew it wouldn't end that way, and waiting here ever since for your justice to come. Its on its way sweet boy and we will all be here for you.
 
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