CO - Gannon Stauch, 11, found deceased, Colorado Springs, El Paso County, 27 Jan 2020 *Arrest* #54

[Ontario Mom]

https://twitter.com/x/status/1637917180699328515

That would have to be a hard NO from me.
There are some things you just can't unsee.

 

[Seattle1]

Hmmm, do you mean if the defense can convince the jury that LS is insane, she will walk out of court free? I don’t think so! That would be a travesty. That is NOT justice.

And add that, LS loves acting and playing games, what if she started chasing butterflies again? No I am not accepting that.

In Colorado, that's not how it works. When the plea is properly entered, it becomes the prosecution, the District Attorney, burden. Meaning the DA must prove beyond a reasonable doubt that the defendant is sane. This differs from a majority of states where it is the defense’s burden to prove that the defendant is insane.

The test for insanity in Colorado is that “A person who is so diseased or defective in mind at the time of the commission of the act as to be incapable of distinguishing right from wrong with respect to that act.”

OR “A person who suffered from a condition of mind caused by mental disease or defect that prevented the person from forming a culpable mental state that is an essential element of a crime charged”.

Both prongs of the test expressly state care should be taken not to confuse “moral obliquity, mental depravity, or passion growing out of anger, revenge, hatred, or other motives and kindred evil conditions” for mental disease or defect.

The Insanity Defense in Colorado

The insanity defense appears frequently in news stories and popular culture. The application of the defense is not as cut and dry as most people believe. Different states use different tests for insanity. Someone who is insane under Colorado Law is not necessarily insane under Wyoming Law or...

codefenselaw.com

 

[Love Never Fails]

Well, being found not guilty by reason of insanity IS a not guilty verdict. It just is. Perhaps you don't "believe in" NGRI and don't believe in the state laws that allow that verdict. That's fine-- apparently lots of people being questioned as potential jurors don't either (although they won't be chosen as jurors IMO.) But that's what it means. The idea is that someone who was insane at the time of the crime couldn't meet the legal elements of the crime to be correctly found guilty. So "justice" isn't to be found in punishing the person anyway (although certainly the victim is definitely dead because of the defendant's actions.) Often defendants do go to mental institutions afterwards but the staff make the decision about when to release the person not the judge. Some are likely not to be ever released (Andrea Yates) although she's unlikely to repeat that crime IMO. And if a defendant did "fool the jury" (whether insanity is involved or not) if she gets off, she's off. No double jeopardy or prison sentence anyway.

I'm not sure what you meant when you wrote what if LS chases butterflies again. I'm not sure what the harm is. (And honestly, do we even know that's what she was doing? If so, who told us?) That behavior doesn't speak to insanity or a lack thereof to me. But I don't see societal harm from it either.
JMO

It’s ok. We will just have to disagree. One hundred percent. She knew what she was doing.

 

[Love Never Fails]

In Colorado, that's now how it works. When the plea is properly entered, it becomes the prosecution, the District Attorney, burden. Meaning the DA must prove beyond a reasonable doubt that the defendant is sane. This differs from a majority of states where it is the defense’s burden to prove that the defendant is insane.

The test for insanity in Colorado is that “A person who is so diseased or defective in mind at the time of the commission of the act as to be incapable of distinguishing right from wrong with respect to that act.”

OR “A person who suffered from a condition of mind caused by mental disease or defect that prevented the person from forming a culpable mental state that is an essential element of a crime charged”.

Both prongs of the test expressly state care should be taken not to confuse “moral obliquity, mental depravity, or passion growing out of anger, revenge, hatred, or other motives and kindred evil conditions” for mental disease or defect.

The Insanity Defense in Colorado

The insanity defense appears frequently in news stories and popular culture. The application of the defense is not as cut and dry as most people believe. Different states use different tests for insanity. Someone who is insane under Colorado Law is not necessarily insane under Wyoming Law or...

codefenselaw.com

Thanks Seattle. Yep she is mentally depraved. I trust Michael Allen.

 

[Cindizzi]

Although we haven’t seen the final sanity evaluation report by the elusive Dr. Lewis, this Motion by the State gives a little glimpse of the Doctor’s impressions and how she arrived at them.

Page 3 - Defense interviews with LS’s family and friends and looked at LS handwriting before the incident were 2 of her methods.

Today in the Defense’s mini-opening statement they said the Dr. spent 14 hours over 3 days with LS.

https://www.courts.state.co.us/userfiles/file/Court_Probation/04th_Judicial_District/El_Paso/Stauch/P-43%20People's%20Motion%20for%20Discovery.pdf

 

[Aloe]

In Colorado, that's now how it works. When the plea is properly entered, it becomes the prosecution, the District Attorney, burden. Meaning the DA must prove beyond a reasonable doubt that the defendant is sane. This differs from a majority of states where it is the defense’s burden to prove that the defendant is insane.

The test for insanity in Colorado is that “A person who is so diseased or defective in mind at the time of the commission of the act as to be incapable of distinguishing right from wrong with respect to that act.”

OR “A person who suffered from a condition of mind caused by mental disease or defect that prevented the person from forming a culpable mental state that is an essential element of a crime charged”.

Both prongs of the test expressly state care should be taken not to confuse “moral obliquity, mental depravity, or passion growing out of anger, revenge, hatred, or other motives and kindred evil conditions” for mental disease or defect.

The Insanity Defense in Colorado

The insanity defense appears frequently in news stories and popular culture. The application of the defense is not as cut and dry as most people believe. Different states use different tests for insanity. Someone who is insane under Colorado Law is not necessarily insane under Wyoming Law or...

codefenselaw.com

Thanks @Seattle1 for all of the much needed clarification you've provided regarding NGRI. MOO

 

[steeltowngirl]

Hmmm, do you mean if the defense can convince the jury that LS is insane, she will walk out of court free? I don’t think so! That would be a travesty. That is NOT justice.

And add that, LS loves acting and playing games, what if she started chasing butterflies again? No I am not accepting that.

Hi Love, she wouldn’t walk free, but it sure would not feel like justice for Gannon.

Excerpt:

Not Guilty by Reason of Insanity (NGRI): Process, Rights, and Terminology

BASIC FACTS:
Disability Law Colorado, June 2021
• NGRI can result from trial or from plea agreement.1
• In Colorado, NGRI adjudication requires mandatory commitment to the Division of Human Services, which usually means you will be placed at the Colorado Mental Health Institute at Pueblo (CMHIP).
• There is no set length for your commitment. It is sometimes referred to as “one day to life.” You can be held at CMHIP until the court that heard your criminal case says that you met criteria for release (either conditional or unconditional).
• There is also no minimum length of commitment. Your treatment and your length of stay should be dictated by your individual needs and risk, not by how long you have been at CMHIP.

https://disabilitylawco.org/sites/default/files/uploads/DLC%20Not%20Guilty%20by%20Reason%20of%20Insanity%20Fact%20Sheet_0.pdf

 

[NCWatcher]

It’s ok. We will just have to disagree. One hundred percent. She knew what she was doing.

As I said, I was simply speaking to the meaning of the law, not expressing an opinion about LS's sanity (except for not understanding your butterfly comment.) We'll see what happens in court.
JMO

 

[Seattle1]

Yes. I continue to wonder how exactly the defense will convince jurors that Letecia was insane at the time she murdered Gannon. Is a so-called psychotic episode like a water faucet where it turns on and off? If not the then how did the doctor conclude she was insane? Those Google searches sound more like jealousy and animosity than insanity, at least it would if I was a juror.

And clearly the psychosis ended quickly enough for Letecia to come up with a plan to clean the evidence and make up stories. Is there evidence that the people around her saw signs of insanity prior to the murder of Gannon.

I remember reading the psychiatrist's report regarding Luka Magnotta; he total snowed the doctor with lies and the doctor believed him. It didn't help as he's in jail. I wonder what Letecia told this doctor...

Anyway, it's frustrating but it's also probably going to be a swift verdict so I guess we should be happy that Letecia is trying to get out of punishment for her crime using a ridiculous defense. Go ahead and cover your face with your hair Letecia, we all know the truth...

MOO only

IMO, LS reached her breaking point on Jan 27 after coming to regard herself as "the nanny/babysitter" and not a stepmom and spouse of GS's father, AS. LS's search history on Jan 25 further demonstrated she had much resentment towards GS's bio-mother. IMO, LS was at the end of her tether when AS left home on Saturday -- a day before his Jan 26 flight from DIA and spent the night in a Denver hotel. LS's fuse was lit and she began taking out her frustrations about her situation by torturing GS the very afternoon AS left home. But acting out of anger, revenge, and hatred is not a mental disease or defect. Acting out to hurt GS's parents because LS felt hurt is also not a mental disease or defect -- it's retaliation and it's intentional. MOO

Letecia Stauch affidavit reveals disturbing details of stepson’s death

(EL PASO COUNTY, Colo.) — Recently released court documents are shedding light on what may have happened to 11-year-old Gannon Stauch and why investigators charged his stepmother, Letecia Stauch, w…

www.fox21news.com

 

[Seattle1]

Will Dr. Lewis take the stand, or is that not necessary since it's up to the prosecution to show that Leticia was sane?

Dr. Lewis is an expert witness for the defense so she will take the stand if the defense calls her to give evidence.

 

[iamshadow21]

I'd like to thank everyone who is summarising the jury selection for the rest of us. I'm back to sleeping at night again, and with the time difference, that means that court is happening neatly during the hours when I'm asleep. It's good to be able to wake up, and within a few minutes, be caught up and on the same page as everyone. It'd be interesting to be listening to it live, but I'm happy to just know what's going on.

 

[Cindizzi]

Letecia Stauch trial: Second sanity report findings announced, jury selection continues


Attorneys representing Letecia Stauch revealed Tuesday that their psychiatrist concluded in her report that Stauch was insane and “in a psychotic state” at the time of her stepson Gannon’s murder.

Stauch is accused of killing her 11-year-old stepson, Gannon Stauch, in January 2020 and driving his body to Florida, where she attempted to dispose of his remains. Stauch appeared in court for her second day of trial wearing a light blue button-up shirt and dress pants.

The findings of the defense’s sanity report, conducted by Dr. Dorothy Lewis, were unknown until Tuesday when defense attorney Josh Tolini informed the potential jurors in the courtroom that his expert found Stauch to be insane.

Court records show that the report was filed to the court on Thursday after significant complaints from 4th Judicial District Attorney Michael Allen about not receiving the report at the pre-trial readiness conference earlier this month.

[…]

Tuesday marked the first time that the findings of the second sanity evaluation had been revealed. The woman conducting the evaluation — Dr. Lewis — is a former clinical professor of psychiatry at Yale University, the author of several books on the topic of the insanity plea and the subject of the documentary “Crazy, Not Insane.”


The documentary outlines Lewis’ work with notorious killers such as Ted Bundy, Arthur Shawcross, John Allen Muhammed and many others.

Lewis is expected to testify at some point during the trial.

[…]

 

[Seattle1]

Although we haven’t seen the final sanity evaluation report by the elusive Dr. Lewis, this Motion by the State gives a little glimpse of the Doctor’s impressions and how she arrived at them.

Page 3 - Defense interviews with LS’s family and friends and looked at LS handwriting before the incident were 2 of her methods.

Today in the Defense’s mini-opening statement they said the Dr. spent 14 hours over 3 days with LS.

https://www.courts.state.co.us/userfiles/file/Court_Probation/04th_Judicial_District/El_Paso/Stauch/P-43%20People's%20Motion%20for%20Discovery.pdfView attachment 410353View attachment 410354View attachment 410355

Recalling the HBO doc "Crazy, Not Insane," I recall one of Dr. Lewis's colleagues commenting how earlier, Lewis did not do well in the courtroom as an expert witness because she is not a linear thinker and can't answer the Court's questions with a succinct yes or no.

Others opined that during Lewis's insanity evaluations, she appears to invite or lead the patient to act out their disassociative identity.

I don't know what Lewis will add to the defense but the two doctors for the state have already provided that according to their evaluation of LS, she was not insane when she murdered Gannon, and they also believe LS feigned disassociative identity disorder (DID).

From the state's experts, I expect we will hear how LS fakes her alleged illness. MOO

Opinion | 'Crazy, Not Insane' says serial killers are bred, not born. Here's why that matters.

Alex Gibney's documentary looks at Dr. Dorothy Otnow Lewis' theory that child abuse combined with mental illness is at the root of what we call "evil."

www.nbcnews.com

 

[shotgun09]

Letecia Stauch trial: Second sanity report findings announced, jury selection continues


Attorneys representing Letecia Stauch revealed Tuesday that their psychiatrist concluded in her report that Stauch was insane and “in a psychotic state” at the time of her stepson Gannon’s murder.

Stauch is accused of killing her 11-year-old stepson, Gannon Stauch, in January 2020 and driving his body to Florida, where she attempted to dispose of his remains. Stauch appeared in court for her second day of trial wearing a light blue button-up shirt and dress pants.

The findings of the defense’s sanity report, conducted by Dr. Dorothy Lewis, were unknown until Tuesday when defense attorney Josh Tolini informed the potential jurors in the courtroom that his expert found Stauch to be insane.

Court records show that the report was filed to the court on Thursday after significant complaints from 4th Judicial District Attorney Michael Allen about not receiving the report at the pre-trial readiness conference earlier this month.

[…]

Tuesday marked the first time that the findings of the second sanity evaluation had been revealed. The woman conducting the evaluation — Dr. Lewis — is a former clinical professor of psychiatry at Yale University, the author of several books on the topic of the insanity plea and the subject of the documentary “Crazy, Not Insane.”


The documentary outlines Lewis’ work with notorious killers such as Ted Bundy, Arthur Shawcross, John Allen Muhammed and many others.

Lewis is expected to testify at some point during the trial.

[…]

I am anticipating another courtroom " Battle of the Psych Docs".
(Last one that I watched off the top of my head was the Johnny Depp trial.) It really comes down to who is more relatable, and from what I have been reading about Dr Lewis, there might be some issues with her from the start.

 

[mickey2942]

Not arguing for LS, but I can sort of see being in a psychotic state, going crazy with anger and frustration. And then, coming out of it, and realizing that she lost control, went crazy, and is now frantic to repair the situation.

That being said, I can understand it, but if I was a juror, I would have no problem with rejecting the NGRI finding. If she can go psycho and kill a child, she needs to be incarcerated.

 

[Seattle1]

I'd like to thank everyone who is summarising the jury selection for the rest of us. I'm back to sleeping at night again, and with the time difference, that means that court is happening neatly during the hours when I'm asleep. It's good to be able to wake up, and within a few minutes, be caught up and on the same page as everyone. It'd be interesting to be listening to it live, but I'm happy to just know what's going on.

I've not been able to listen live, during court hours, and grateful to find the audio for Monday and Tuesday on YTube!

 

[Shadowtrix]

DBM

 

[iamshadow21]

I've not been able to listen live, during court hours, and grateful to find the audio for Monday and Tuesday on YTube!

I may check that out at some point. Not today, because there's a new season of Shadow and Bone! But thanks for letting me know that's a thing. I thought I had to be accessing the live feed from the right region. As an Aussie, there are a lot of things I don't have access to.

 

[Seattle1]

Not arguing for LS, but I can sort of see being in a psychotic state, going crazy with anger and frustration. And then, coming out of it, and realizing that she lost control, went crazy, and is now frantic to repair the situation.

That being said, I can understand it, but if I was a juror, I would have no problem with rejecting the NGRI finding. If she can go psycho and kill a child, she needs to be incarcerated.

No, going blind with anger and lashing out happens to sane individuals every day. Rage as described by OP is also not a mental disease or defect.

Psychosis is not like a light switch where it's turned on/off when convenient. Psychosis involves experiencing something that is not really happening and having a difficult time distinguishing what is real. The three stages of psychosis are prodome, acute and recovery. Psychotic disorders can last for a month or less and only occur once, or they can also last for six months or longer.

I don't doubt that LS was raging angry but not insane. One only needs to consider LS's actions on Monday afternoon following GS's murder:

• Little sister came home from school and LS told her GS was napping in LS's bed and told her to stay outside and play.
• She sent HH to the dollar store to collect cleaning supplies.
• She contacted law enforcement and reported GS missing.
• LS was engaged in cover-up mode because she knew she did something very bad. She was capable of distinguishing the difference. An insane person does not.
• LS cleaned up the crime scene.
• LS collected the gun casings after she fired the gun at GS.

The defense wants us to believe that LS became somebody else-- a different identity than herself and that identity is insane. It's crazy, not insane.
MOO

 

[Seattle1]

I may check that out at some point. Not today, because there's a new season of Shadow and Bone! But thanks for letting me know that's a thing. I thought I had to be accessing the live feed from the right region. As an Aussie, there are a lot of things I don't have access to.

I have a similar problem with UK, and VPN is my friend.