Found Deceased CO - Gannon Stauch, 11, Colorado Springs, El Paso County, 27 Jan 2020 *Arrest* #49

Discussion in 'Located Persons Discussion' started by imstilla.grandma, Jan 28, 2020.

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  1. crhedBngr

    crhedBngr Attempting to Keep Calm and Carry On.

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  2. casesensitive

    casesensitive Well-Known Member

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    Wishing you a speedy recovery Yellow Rose.
     
  3. crhedBngr

    crhedBngr Attempting to Keep Calm and Carry On.

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    Goodness! I hope you are feeling better.
     
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  4. Seattle1

    Seattle1 #LiveLikeLizzy&Gabby

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    El Paso County Jail Coronavirus Cases Surge With 76% Of Inmates Testing Positive

    November 10, 2020 at 10:38 am

    The coronavirus outbreak at the El Paso County Jail continues to worsen. A total of 911 inmates out of 1,200 at the jail have tested positive for COVID-19. That’s 76% of the jail population.

    The El Paso County Sheriff’s Office says 73 employees at the jail have tested positive for coronavirus. That includes two people who have been hospitalized.

    The sheriff’s office has not released any details about the sick employees. The jail also hasn’t confirmed whether any inmates have needed treatment outside of the jail.
     
  5. Ontario Mom

    Ontario Mom stay safe ♥ be kind

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    That's a crazy high infection rate, for both inmates and employees.
    I'd be terrified to show up for work there, if that was my place of employment. :(
     
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  6. Tealgrove

    Tealgrove #Where Is Summer? #Gannon Is My Hero

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    That's insane! 76%?
     
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  7. Seattle1

    Seattle1 #LiveLikeLizzy&Gabby

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    It sure gives credibility to Colorado experiencing the highest count thus far of hospitalized cases of COVID at 1000+. This alone explains why other Colorado trials are being delayed including the Redwine mistrial in La Plata County.
     
  8. nyvictoria

    nyvictoria Well-Known Member

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    It might have something to do with the elevation in CO, as that could make any respiratory issue worse.
     
  9. crhedBngr

    crhedBngr Attempting to Keep Calm and Carry On.

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  10. imstilla.grandma

    imstilla.grandma Believer of Miracles

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    Good morning friends. I sure hope you are all well and happy. I woke up early this morning so I’m awaiting snacks from our loyal lovely @crhedBngr I’m craving sweets. I forgot we were running low on coffee so I can hardly wait for her to arrive.

    As one who unfamiliar with legalese, I went looking for Colorado law regarding competence to stand trial. I found this link routing me to a second hyperlink. Anyone know what a “lay witness” is and how they play into the process?I’m so irritated with this woman trying to play the system. What is she gonna try next?

    Competency to Proceed to Stand Trial in Colorado (CRS 16-8.5-101 et seq.)
     
  11. NCWatcher

    NCWatcher Well-Known Member

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    Generally lay witnesses are fact witnesses, not opinion witnesses. Pretty much everyone who testifies is a lay witness unless they are qualified as an expert witness (or are giving "family impact" testimony at sentencing.) The qualification determines the scope of testimony allowed. Unlike expert witnesses, lay witnesses generally testify about only what they personally saw, heard and directly experienced and are not allowed to speculate.

    In a competency hearing, family members, neighbors, and co-workers might be called as lay witnesses, particularly if the issue of competency is raised very soon after an arrest (or shortly after another type of legal action has commenced.)

    I don't know if many "outside" lay witnesses will be involved here, partly because LS has been in custody for so long and competency for trial is concerned with her current state.

    While information about past behavior is needed to make an accurate diagnosis of mental illness, usually a psychologist/psychiatrist doesn't obtain that knowledge through interviewing other people. Rather, he/she depends on the client's self-report and the historical record.

    Professionals doing evaluations for court (military or civilian) or for agencies concerned with awarding benefits (e.g., social security disability) are trained to detect malingering (essentially a fancy word for lying to obtain secondary gain.)

    For example, if a client reports he's been disabled by back pain and unable to work for 2 years, but hospital records indicate he was in a waterskiing accident 4 months ago, that calls into question his self-report.

    It's also often pretty easy to tell if someone is "faking bad" on psychological tests that may be administered. Of course, a savvy client could "outsmart" a test, but we don't really have any evidence to suggest LS is that type of client. And in fact, we have plenty of evidence suggesting she isn't. A broom escape? (Stupidity doesn't equal incompetence for trial. Stupid people may also be incompetent but aren't likely to "outsmart" evaluators.)

    In LS's case, a guard at the El Paso County Jail might be a lay witness, for example. Sure, guards presumably have guard training and hopefully had some in-service mental health training, but they don't have specialized mental health training of the sort that would make them an expert so far as mental competency goes. So while a guard might testify about a prisoner's behavior, he/she can't opine the behavior is representative of someone who has mental illness X or is disabled by Y.

    I'm not an attorney but I do have a psychology background. I understand everyone's concerns but professionals involved in court-ordered evals are typically pretty astute. They didn't just fall off the cabbage truck yesterday.

    JMO
     
  12. imstilla.grandma

    imstilla.grandma Believer of Miracles

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    ❤️ your response. Thank you. Question: is the evaluation based on her mental condition at the time of the senseless brutal murder of little Gannon or how much she is able to understand the charges and help the lawyer defend herself?
     
    Last edited: Nov 11, 2020
  13. NCWatcher

    NCWatcher Well-Known Member

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    A competency evaluation is concerned with her current ability to understand the charges against her and to aid in her own defense by consulting with her attorneys with a degree of "rational understanding." (Quoted term comes from Supreme Court.)

    A sanity evaluation or a diminished responsibility evaluation is concerned with her mental state at the time of the crime. Those have to do with her ability to form the intent that is a necessary element of the crime.

    The two are not interchangeable. And the evaluations done to determine the two are not interchangeable. Finally, the jury would hear testimony about sanity/diminished responsibility because the jury must render the verdict. (Hence, taping those evals makes sense.) Competency for trial can't ever be an issue for a jury to decide.

    JMO
     
  14. Yellow Rose

    Yellow Rose Well-Known Member

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    I'm finally get much more energy back. I thought I had finished with it after about four days but then two days later WHOMP! Kicked my butt to where I could hardly move for the next five days. My spouse had not a SINGLE symptom but we both tested negative a few weeks later.
     
  15. imstilla.grandma

    imstilla.grandma Believer of Miracles

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    I’ve been out of the loop for so long so this might have already been up for discussion. Has it been stated if inmate (I can’t even say her name out loud-I despise her) is receiving medication? I read this:

    A court can find a defendant who has a mental illness diagnosis fit to proceed as long as the illness doesn’t rise to the level of incompetence. For instance, if a defendant is taking prescription medications to manage mental illness, the court may find competency and move the case forward. Further, if a psychological evaluation determines that medication could improve a defendant’s mental state, the court can order that the defendant receive the medication.
    Competency to Stand Trial
     
  16. NCWatcher

    NCWatcher Well-Known Member

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    So far as I know, there has been no information released about LS's medication status (nor should there be IMO.)

    Having a mental illness does not make one automatically incompetent. Nor does having a mental illness that is treated with medication. I suspect many defendants are on psychiatric medications as are many people (including some attorneys, judges, jurors....)

    Treatment to achieve competency can include medication as well as other interventions like ECT. Of course, some causes of incompetency aren't treatable like Alzheimer's.

    ETA: JMO
     
    Last edited: Nov 11, 2020
  17. crhedBngr

    crhedBngr Attempting to Keep Calm and Carry On.

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    Good Morning to You, @imstilla.grandma ! I'm glad to see you are back posting again.

    blueAndOtherColoredDonuts.jpg coffeeTeaExpresso.jpg cpffeeToExpresso.jpg
     
  18. imstilla.grandma

    imstilla.grandma Believer of Miracles

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    I really don’t like putting anyone on the spot or causing uneasiness ~ but I’ll take the risk...Do you have an opinion on the outcome of the evils? Autocorrect changed my word-I meant ‘evals’ though I kinda like the modification. Thanks so much for sharing your interesting knowledge without bias. So many view mental illness as an incapacitating condition. Indeed, people in all walks of life take prescribed medication for psychiatric disorders. Mental illness doesn’t discriminate.
     
  19. NCWatcher

    NCWatcher Well-Known Member

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    Of course, I have no inside knowledge. And states/jurisdictions do differ somewhat on how easily a defendant can be found incompetent.

    But, in general, it's pretty easy to be found competent to stand trial. While SCOTUS has said things like a defendant must possess a "degree of rational understanding" that doesn't mean a defendant must immediately grasp (much less agree with!) whatever her attorneys say. It doesn't mean 100% cooperation with counsel is guaranteed. It doesn't mean a defendant has to understand all legal terminology in order to understand the charges against her. It doesn't even mean the defendant has to be rational all the time. (Most of us aren't!) And as discussed earlier, it doesn't mean she's not on psychiatric meds. For example, a fairly hefty percentage of people in the US take antidepressants. (The latest CDC data set I could quickly find is old [2011-2014] and that showed for age 12 and up over 16% of females took antidepressants with higher rates seen in the White Non-Hispanic group. I'm sure rates are higher these days.)

    So for those reasons I suspect LS will be found competent. However, we really don't know much about her current mental state. Most of our impressions (or mine anyway) come from the time before she was arrested or shortly thereafter. The only recent peek into her psyche we've gotten (after the escape plans came to light) came from her "peanut butter letter." While I wouldn't say that was evidence of incompetency, I wouldn't say it spoke to her competency either. And what matters is her current state.

    Her attorneys do know how she's currently functioning and interacting with them. While there probably was an element of CYA in their request for a competency ruling from the judge in the summer, personally I don't think it was only a delaying tactic. Nor do I think having her ruled incompetent is their entire defense plan as some here have suggested. If incompetent, she'd still be held in custody, she'd still be facing charges and they'd still be her attorneys. I may be wrong but I suspect they had real concerns. But that doesn't mean she'll be found to be incompetent by the judge or that the 2nd eval will recommend she be found incompetent.

    JMO
     
  20. RaspberryMama

    RaspberryMama Well-Known Member

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    Just checking in and marking my spot. I found myself thinking of Gannon today. Why, why, why did he have to die. Sweet kid should still be here getting loved on. I'm hearing some outlandish and outrageous stories about LS behind bars... I wondered if it had made its way over here. She is awful, just awful.

    2020 has kicked my butt. I was diagnosed with MS this summer. I've likely had it for 20 years, but the stress of this year made it progress by leaps and bounds. Added to that, my own sweet son is now 14 and morphing into some mono-syllabic, muttering, angst-ridden creature I don't recognize. I'm thankful to have him though. (And extra thankful for a full wine rack!). Hope y'all have been doing well!
     
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