• #381
Senior Assistant Attorney General Katharine Gillespie told the court that she does not think the trial judge even made an official ruling on the challenge. She also argued that Letecia didn’t properly challenge the juror under a specific subsection of the law.

“Because defendant (Letecia) didn’t challenge MB (the juror) under (1)(b), she didn’t address whether MB’s son-in-law met the family ‘within the third degree’ requirement, and she didn’t correct the court’s misunderstanding as to her challenge, the trial court wasn’t on notice that this question needed to be resolved,” Gillespie stated in a brief filed in the court of appeals ahead of Tuesday’s oral arguments.
^^rsbm

This was one of the most horrific trials I've ever observed, and I don't think LS could have had a better Judge presiding over her case than Judge Gregory Werner. I don't see the allegation by the defense getting past Judge Werner. Not today LS. Don't pass go. Stay on your cold bunk.... forever. JMO
 
  • #382
Am I missing something? It didn't even sound like it's been established whether this individual fit within the third degree. Family trees can get branchy. And in-law of an in-law could put one out there quite a ways out in a limb. Could be a juror's child's spouse. But could also be the spouse of a stepchild, the stepchild from a current or former relationship. Someone with whom the juror had zero contact.

I think this will fall to strategy. The Defense didn't pursue a strike out which then IMO is akin to endorsement.

Interesting but not probative.

Verdict will stand.

JMO
 
  • #383
Am I missing something? It didn't even sound like it's been established whether this individual fit within the third degree. Family trees can get branchy. And in-law of an in-law could put one out there quite a ways out in a limb. Could be a juror's child's spouse. But could also be the spouse of a stepchild, the stepchild from a current or former relationship. Someone with whom the juror had zero contact.

I think this will fall to strategy. The Defense didn't pursue a strike out which then IMO is akin to endorsement.

Interesting but not probative.

Verdict will stand.

JMO

From the article, it seems that the defence did challenge the juror. Whose responsibility is it to remove a potential juror? It seems in this situation the defence is blaming the judge.

I've been called to serve on a jury a few times. The selection process always began with the judge asking anyone who knows the defendant or court officials to excuse themselves. ( I've never heard anyone mention "third degree". )

"Letecia’s defense team challenged the jurors’ family ties during the jury selection process. Despite the challenge, Samler told the appeals court that the trial judge did not get rid of the juror."

I certainly hope that this is just a frivolous attempt to have the charges withdrawn and that it will be denied. But I am not sure whether it is frivolous or a serious breach of justice.
 
  • #384
This vile creature will continue to cause pain and hurt for that sweet boys family for as long as she lives. May she fail every time.
 
  • #385
  • #386
yes.

I don't think it was a 'mistake' by the Defense Attorney. The prosecution is saying that it was intentional by the defense----a loophole they purposely set up, so they could reverse the verdict in case they lost the case.

Now they can retry it, after learning all about the state's full case, and now getting a second chance.

The defence had every opportunity to challenge this juror---there is a process they had to follow and they did not do so. State says they did not do so intentionally. They made the challenge first, and the judge said let's interview the juror to get verification of the situation, which they did---after which the defense needed to strike the juror. But they did not do so. Now months later they are saying the judge should have done so on his own. But that is not what the judge expected--he was expecting the defense to make a formal challenge, apparently. Except that didn't happen---and now the defense magically has the reversal option at hand. Was that the plan all along?

The Justice System has a protocol to deal with that situation----and the court and both sides discussed the situation----and the defense did not follow through with their part in it which would have kicked the juror out--but surprisingly they did not take that final step. I think they set it up that way on purpose. IMO

I agree, feels like they filed that under " Get out of jail free" for later.

*I know she wont actually get out of jail, even if they grant an appeal.
 
  • #387

[…]

Eric Samler is an attorney representing Stauch in her appeal. Samler says a juror in Stauch’s trial had a son-in-law who worked for the 4th Judicial District Attorney’s Office, the same office the prosecuted the case. Samler argues that juror sat on the panel despite Stauch’s trial defense team challenging the juror, saying this should lead to a “reversal” of her conviction.

[…]

Senior Assistant Attorney General Katharine Gillespie argued the trial judge never made a ruling regarding the juror in question, and says Stauch’s trial defense team did not challenge that juror correctly under state law.

[…]

The Court of Appeals Chief Communications Officer says there is no timeline within which a panel of three judges must issue an opinion by, adding it can take four to five months in “more complex cases.”
 
  • #388
I agree, feels like they filed that under " Get out of jail free" for later.

*I know she wont actually get out of jail, even if they grant an appeal.
she's probably safer in jail. If they dared to set her free over a legal technicality, she might be in danger---plenty of people would be outraged. :mad:
 
  • #389
  • #390
“Because we conclude that the trial court committed structural error by denying Stauch’s challenge for cause to a biased juror, who deliberated, we reverse the convictions and remand for a new trial,” Colorado Court of Appeals Judge Neeti Pawar wrote in the decision.
 
  • #391
  • #392
Judge Bernard, who concurred with his fellow judges on some of the case, also provided the only dissenting opinion that would have affirmed Stuach's convictions. Judge Bernard brought in the larger issue surrounding the question of peremptory challenges.

A peremptory challenge is the legal right in jury selection allowing attorneys to exclude several potential jurors without stating a reason.

Judge Bernard states that he recognized that Stauch used 7 of her 16 peremptory challenges available to remove other jurors, but deliberately choosing not to use any of them to remove Juror M.B. Bernard argued that this was a implied waiver of her right to raise the issue on appeal, and by allowing for defendants to "bank" a biased juror for appeal purposes creates a broader issue in the Colorado justice system.
Colorado woman convicted of killing her stepson granted a retrial, over juror issue
 
  • #393
OH my gosh, I seriously cannot believe this. Cannot.

Can the state appeal the appeal?
 
  • #394
Absolutely maddening, what an absolute joke. So sorry Gannon and family.
 
  • #395
How did this get past the judge and the Prosecution?

Conveniently the Defense let it slide, perfect for appeal.

How did this juror even make it TO jury selection?

This was a foreseeable error.
 
  • #396
4180665e-2345-491c-9d7a-860ffab747b5_1140x641.jpg

Following her conviction, her defense attorneys appealed and argued that the judge made an error by allowing a man to serve on the jury who was related by marriage to someone who worked in the prosecutors office. According to the ruling issued Thursday morning, the man told the court during jury selection that his son-in-law worked as a deputy district attorney in the 4th Judicial DA's office - the same office that was prosecuting that case.

At the time of jury selection, Stauch's defense team challenged his inclusion on the jury, but he was ultimately allowed to serve and was among the jurors who deliberated Stauch's fate, according to the decision.

As part of the decision, the court wrote that Colorado statute directs automatic removal of a juror related within the third degree to any deputy district attorney in the elected district attorney's office. Removal is required regardless of whether the person they're related to appeared or participated in the case.

So far, no new court dates have been set.
*I am truly shocked this is happening. This brings back haunting memories and is unforgivable. I am beyond angry. How terrible for Gannon’s parents…
 
Last edited:
  • #397
Doesn’t all the evidence matter? WTAF?

ETA: This news literally nauseates me and I feel traumatized. I cannot imagine how Gannon’s family feels. 😭
 
  • #398
  • #399
What!!!!!!
 
  • #400
How did this get past the judge and the Prosecution?

Conveniently the Defense let it slide, perfect for appeal.

How did this juror even make it TO jury selection?

This was a foreseeable error.

The dissenting Justice here (Judge Bernard) said it all very clearly! I agree this was deliberate, and we should be more concerned about a defendant "banking" an alleged biased juror for appeal purposes.

A peremptory challenge is the legal right in jury selection allowing attorneys to exclude several potential jurors without stating a reason.

Judge Bernard states that he recognized that Stauch used 7 of her 16 peremptory challenges available to remove other jurors, but deliberately choosing not to use any of them to remove Juror M.B. Bernard argued that this was a implied waiver of her right to raise the issue on appeal, and by allowing for defendants to "bank" a biased juror for appeal purposes creates a broader issue in the Colorado justice system.
 

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