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

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When the juror asked what happens if she is found sane after 10 years (I think it was 10, it's very patchy soundwise) I really had hoped he would ask "What happens if they realised she fooled them?"
I don't recall that. Insanity plea doesn't fly with me. She knew right from wrong, imo.
 
Abolition of the Insanity Defense

Four states – Idaho, Kansas, Montana, and Utah – have abolished the insanity defense, but permit a defendant to introduce evidence of his mental disease or defect in order to rebut the prosecution’s claim that he/she possessed the requisite mental state. MOO
 
I don't recall that. Insanity plea doesn't fly with me. She knew right from wrong, imo.
I get what the juror asked though. Good question. If she is found sane after ten years in a hospital (because she fooled them) does she go to prison for life?

Just as important, is a judge required by law to confine her to a mental hospital because dr Lewis found her to be insane? After learning Lewis takes notes and her son transcribes them, I question her memory of facts.

We know only an insane person would commit a murder BUT she had options, like filing for divorce and leaving. They always have options but choose the evil way. Evil belongs in prison. Evil cannot be “cured”.
 

I am back in court today for the 2nd day of Letecia Stauch’s jury trial, where attorneys will continue to work to find the 16 people who will serve on the jury for the trial, which is expected to last 6-8 weeks.

The goal over the next two weeks is to find 110 people who could potentially serve on the jury, and on April 3 attorneys will pick the 16-person jury from that 110 person group. Yesterday, the first 20 potential jurors were selected.

Probably another 10-15 before we get started, but I’ll aim to tweet updates once we get going.

Issues again with most of the potential jurors stating the length of the trial would be a significant problem in serving on the jury. On Tuesday 39 of the 75 called in for jury duty indicated the length of the trial would be a serious issue.

A handful more said that prior experiences with child abuse would make them wary of serving on the jury for this specific case.

On Monday, 48 of the 75 indicated the length of trial would be an issue.

23 people were dismissed after the morning break by Judge Werner. Much less than yesterday when more than half the potential jurors were dismissed after the morning break.

Josh Tolini, Stauch's defense attorney, just stated their psychologist Dr. Dorothy Lewis found Stauch to be insane at the time of the murder. The findings of Dr. Lewis' report have been unclear until today, and weren't filed to the court at all until last week.

A lot of people today, like yesterday, stating there is no way they could be unbiased if selected to be a part of this jury due to what they've already seen in the media/on social media. "My mind is made up, and I am positive I can’t overcome my bias,” one person said.

Something like 15ish people said there is no chance they could give Stauch the presumption of innocence.

Interesting difference between the 75 people called in today and yesterday. Yesterday, the majority of people who stated they had some bias eventually said they'd be willing to hear out the evidence and try to be unbiased.

Today, most are indicating there is no chance they could do that. I've heard the sentence "my mind is made up" at least 10 times already today. Not sure I heard it more than once or twice yesterday.

20 more people were dismissed by Werner prior to the lunch break, only 32 potential jurors are left for the afternoon portion of jury selection. Looks like everyone who said they couldn't be unbiased was dismissed.
 
A juror just summed it up with his question, insanity plea basically admits she is guilty but was she responsible?.
Fortunately, being insane and criminally insane are not equivalent.

Understanding the Insanity Defense​

Legal Tests to Determine “Insanity”

“Insanity” is a legal term that presupposes a medical illness or defect but is not synonymous with “mental illness,” “mental disorder,” and “mental disease or defect.” “Mental illness” is a more encompassing term than “insanity,” and thus, a person can be mentally ill – medically speaking – without legally being insane. Five tests of insanity have been applied at one time or another.

The M’NaghtenTest – Colorado Follows the McNaughton Rule


To establish a defense on the grounds of insanity, it must be clearly proved that, at the time of committing the act, the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or if he did know it, that he did not know that what he was doing was wrong.

The M’Naghten rule focuses exclusively on cognitive disability.


Under this rule, a person is insane if, at the time of the criminal act, he was laboring under such a defect of reason, arising from a disease of the mind, that he (1) did not know the nature and quality of the act that he was doing; or (2) if he did know it, he did not know that what he was doing was wrong.

This test requires total cognitive disability and does not allow for degrees of incapacity and nor does it recognize volitional incapacity in which a person is aware that conduct is wrong yet cannot control* his behavior.


* IMO, this is where LS's alleged disassociative identity disorder (multiple personality/identities) falls flat and is guaranteed to fail her. She wants us to believe she could not control her alter ego persona. MOO :rolleyes:

 
If that is the case that they will select the 18 jurors (12 and 6), and go right into the Opening Statements the same day, then asking the right questions is of the utmost importance in these next two weeks. Today, it took me awhile to get into the meeting, and I couldn't hear many of the jurors answers, but now I see, if they do it right and can select their jurors quickly that day, then, the actual trial just might start April 3rd. It'd be very efficient and note worthy if they can pull it off, IMO.


The potential jurors responded with a mix of opinions on all the topics brought forward by Allen.

Meanwhile, Tolini spent the majority of his time asking every potential jury member if they could truly presume Stauch’s innocence amid such horrific allegations.

“I admit it’s not going to be easy,” one potential juror said after questioning from Tolini.

“It would definitely be difficult,” another said.

A handful of potential jurors also admitted during Tolini’s voir dire that the not guilty by reason of insanity plea is one that they can't take seriously.


“It’s for cowards,” one woman remarked when asked by Tolini.
Go go coward lady, lol!!

...I mean, it's good that not everybody thinks that way but, I'm glad she spoke her mind.
 
Go go coward lady, lol!!

...I mean, it's good that not everybody thinks that way but, I'm glad she spoke her mind.

Agreed. I absolutely believe in the insanity defence where someone was clearly and undoubtedly insane, and could not be held responsible. But for a grade A lying B**** like Lietecia not so much. I find it an insult that she has been allowed to proceed with this defence, especially as her lawyer originally lied and said they werent going to attempt to plead insanity for the murder charge, but for the cleanup, and I hope they throw the book at her.
 
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