Finger pushing
weather icon 35°F


Attorneys spar over evidence in motions hearing for Letecia Stauch

Stauch ahead 3

Attorneys sparred over evidence to be used in the murder trial of Letecia Stauch, accused of killing her 11-year-old stepson Gannon Stauch two years ago today, at a Thursday afternoon motions hearing.

Fourth Judicial District Judge Gregory Werner ruled on several motions filed by defense attorneys for Letecia Stauch and prosecutors in her case Thursday afternoon, several of which had to do with information obtained through warrants that defense attorneys wanted suppressed.

Stauch, 38, is accused of first-degree murder in the killing of her stepson Gannon Stauch in January 2020, along with child abuse resulting in death, tampering with a body, and tampering with physical evidence.

Authorities found the 11-year-old’s remains in Florida, and believe he was killed sometime after 2 p.m. Jan. 27, 2020, two years before Thursday’s motion hearing.

Among the motions discussed was one to suppress incriminating information obtained from an Apple iPhone, and another to suppress incriminating information obtained from an ADT Security Services alarm system listing Letecia Stauch’s phone number.

In both, defense attorney Josh Tolini said in court that the search warrants used to obtain information from the phone and security system were overly broad, failing to include date ranges in both motions. Prosecutor Angelina Gratiano said they weren’t, and that the court should find probable cause in them.

Werner said he agreed the iPhone warrant wasn’t overly broad and that date ranges might not apply to the ADT warrant, and denied both motions.

Defense attorneys also made a bid to suppress wiretap evidence obtained from two phones Stauch allegedly obtained and used after the El Paso County Sheriff’s Office seized her original phone for their investigation, and argued that motion in court Thursday as well. Werner, however, found there was probable cause for those warrants to have been signed, noting investigators suspected a homicide by the time Stauch obtained the first replacement phone.

Also discussed Thursday afternoon was a Jan. 10 letter from the Colorado Mental Health Institute at Pueblo, where Werner ordered at the last hearing Stauch would be evaluated.

Werner said per the letter that two professionals were working Stauch’s case, but due to the “enormity” of discovery and records in the case, wouldn’t be able to have their report in until March 31.

“We start March 28, which is potentially problematic,” Werner said.

That problem, however, will be handled at a future court date on March 17, he said after a conference with attorneys.

Werner also discussed with attorneys some of the logistical plans he’s made for the trial. He reaffirmed with both sides that the trial will likely last around six weeks, with Fourth Judicial District Attorney Michael Allen saying that presenting evidence could take four.

Werner noted that while he expected pushback, he planned to require attorneys to tether their electronics to the tables they sat at during trial. He said that was to prevent laptops from “potentially falling off the table” or “being used at the last minute.”

Prosecutors in September presented evidence linking Stauch to the murder, including blood linked to Gannon that was found on Stauch’s shoe, tracking data showing she had traveled to an area near where Gannon’s body was found, and her DNA, which was found on a gun tied to the killing.

Defense attorneys sought to create doubt that Stauch committed the murder by suggesting that someone else could have entered the home around the time Gannon died, and sought to tie home security data with the unknown DNA on the gun investigators found.

But FBI agent Andrew Cohen testified in September that Stauch was the only person investigators believe could have committed the murder.

“I haven’t seen any evidence of anyone else coming into the house,” Cohen said.



Welcome Back.

Streak: 9 days i

Stories you've missed since your last login:

Stories you've saved for later:

Recommended stories based on your interests:

Edit my interests