COLORAD SPRINGS, Colo (KOAA) — A Colorado Court of Appeals has reversed the murder conviction against Letecia Stauch, who was formerly found guilty in May 2023 for murdering her stepson, Gannon Stauch, back in January 2020.
On Thursday, a three-judge panel handed back its opinion on Stauch's appeal. In the summary, the judges have reversed the conviction and remanded the case for a new trial, with two judges concurring, one judge partially concurring and dissenting.
The case came into question as a juror who had been identified as M.B., who had a son-in-law who worked as a deputy district attorney in the same office as District Attorney Michael Allen, who prosecuted the case.
- WATCH: Colorado woman formerly convicted of killing her stepson granted a retrial
During the trial, the court denied the defense's challenge to remove juror M.B., and the division of the court of appeals ruled this was a structural error, requiring the retrial.
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.
You can read the official opinion here or in the view below.
It should be noted that the court called for a higher opinion on the matter. In the Colorado Court system at the time of this article's publishing, there is no hearing date set to discuss the next steps in the case.
The District Attorney's Office provided our newsroom with the following statement on the opinion:
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.
Until shareable information is available, we will have no further comment.
In a statement, Eric Samler, the attorney for Stauch, sent us the following: "It's common sense that the juror should have been disqualified from being involved."
For those who need a reminder of the case, you can view our timeline of Gannon's disappearance below.
___
Did you spot the 'Doomsday' and 'Electronic Attack' aircraft circling Colorado Springs this week?
You might have seen a unique aircraft in the skies of Colorado Springs Monday. There's plenty of social media buzz about it.
____
Watch KOAA News5 on your time, anytime with our free streaming app available for your Roku, FireTV, AppleTV and Android TV. Just search KOAA News5, download and start watching.
