EL PASO COUNTY, Colo. — The woman who was found guilty by a jury in 2023 for killing her 11-year-old stepson Gannon Stauch had her convictions overturned after the Colorado Court of Appeals determined a juror in the trial had a connection to the prosecutor's office.
As a result, a retrial has been ordered, but the Fourth Judicial District can ask the Colorado Supreme Court to reverse the lower court's decision.
The state appellate court issued their findings in Letecia Stauch's case on Thursday. The juror in question is considered "biased" due to the connection to the district attorney, the court ruled.
Letecia Stauch is currently serving life in prison without the possibility of parole after she was previously convicted of killing Gannon Stauch and moving his body. She pleaded not guilty by reason of insanity, but a jury determined she was sane when she stabbed Gannon Stauch 18 times, hit him four times over the head and shot at him three times.
The opinion, released Thursday, concluded "a biased juror deliberated," and "accordingly, Stauch’s convictions must be reversed."
It reads that the juror — during jury selection — indicated his son-in-law worked as a deputy district attorney in the same office as El Paso County District Attorney Michael Allen. Allen was the lead prosecutor on Letecia Stauch's case. The juror was questioned further about if he had discussed the case with his son-in-law and if he might be influenced outside of the evidence presented in court. Based on his answers, the court did not dismiss the juror, the opinion reads.
"Our supreme court has consistently recognized the type of error implicated here — a violation of the defendant’s right to an unbiased jury — as so harmful that it warrants automatic reversal," the document continues.
Al Stauch, Gannon’s father, told Denver7 that he is "truly torn" about potentially needing to repeat this process, but his resolve "has never been greater."
"The end result will be the same and although we do not wish to journey this path again, we stand with those who will handle this case and believe wholeheartedly in their ability to finish this once and for all," his statement reads.
Denver7 contacted the Fourth Judicial District Attorney's Office about an interview on Thursday and they sent the following statement:
"Today we learned of the appellate court’s ruling in the Gannon Stauch murder case. The court’s opinion is a disappointing result for this office, Gannon’s family, and everyone who loves him. Still, we remain undeterred in our search for ultimate justice in this case. We will consult with the Attorney General’s office about seeking review of today’s decision in the Colorado Supreme Court, and if necessary, we will be prepared to present the case to a new jury here in El Paso County."
The 4th Judicial District has 42 days to file a Petition for Writ of Certiorari with the Colorado Supreme Court asking for their review of this case. What happens in that process will determine if and when a retrial is scheduled.
Letecia Stauch's attorney, Eric Samler, said he would be surprised if the higher court does not review the case next. Samler told Denver7 his client will "likely" be retried.
“Prosecutors and trial judges have long been aware of the law regarding juror qualifications," Samler said. "Common sense tells us a prospective juror whose son-in-law works for the prosecuting attorney should be disqualified from service on a criminal jury."
Local
'He's changed the world': Gannon Stauch's parents vow to keep his memory alive
Background on the Letecia Stauch case
On Jan. 27, 2020, Letecia Stauch reported 11-year-old Gannon Stauch missing, saying he had gone to a friend's house and had not returned home. Letecia Stauch was his stepmother. Investigators believe that was the day Letecia Stauch killed the boy.
A few weeks later, on March 2, 2020, Letecia Stauch was arrested in connection with his disappearance. She was ultimately charged and convicted of first-degree murder, first-degree murder of a child under 12 by one in a position of trust, tampering with a deceased human body and tampering with physical evidence.
Shortly after her arrest, on March 18, Gannon Stauch's body was found inside of a suitcase in Pace, Florida. An autopsy report listed that he had died of a gunshot wound and skull fracture. Prosecutors alleged that Letecia Stauch had shot and stabbed Gannon Stauch, then drove his body to an area off Colorado Highway 105 and South Perry Park Road before ultimately driving the body to Florida.
She pleaded not guilty by reason of insanity in February 2022, claiming she had suffered from a psychotic break. Her defense lawyer told the court that his client had killed Gannon Stauch, but was suffering from a “major psychotic crack” as a result of childhood trauma when the murder occurred. The defense’s main witness, Dr. Dorothy Lewis, told the courtroom during the trial that Letecia Stauch suffered from dissociative identity disorder and was not sane at the time.
Prosecutors argued that she took steps to cover up her actions, which served as proof she knew that what she had done was wrong and was therefore sane. They contended in court that she stabbed the boy 18 times, hit him four times on the head, shot at him three times, and then hid the evidence and changed her story multiple times.
The jury rejected the claim of insanity and found Letecia Stauch guilty on all charges on May 8, 2023. This came after five weeks of testimony from law enforcement, mental health experts and others.
Local
After the verdict, Gannon Stauch's parents reflect on the loss of their son
The judge in the case, Gregory Werner, called Letecia Stauch's actions "the most horrific I have ever seen." He gave her two life sentences without parole on the murder charges, plus 12 years for the tampering with a body charge and 18 months for the tampering with evidence charge.
During the sentencing, Gannon's parents addressed the court to explain how their loss will impact them for the rest of their lives.
Two days after the verdict and sentencing, Gannon's mother, Landen Bullard, welcomed Denver7 inside of the short-term rental in Colorado Springs where she had stayed through the trial.
“Today is a weird day," she said. "I still feel like a weight is lifted, but also feel some emptiness. I just guess it's peace and freedom that's kind of instilling inside me... Guilty is a word that I've been waiting to hear. It was a whole bunch of emotions all at once. But the main thing was finally, like finally, after three years — which to me is way too long — finally, my son has justice.”
