An El Paso County woman convicted of killing her stepson in 2020, shoving his body in a suitcase, then dumping it in Florida, is getting a new trial.

The Colorado Court of Appeals published a 52-page ruling on Thursday, stating that the conviction of Letecia Stauch, 42, is reversed because the trial court committed “structural error” by denying the defendant’s challenge to remove a biased juror.

Attorney Mary Mulligan of law firm Mulligan & Mulligan said it is rare for cases to be overturned due to juror bias.

“It’s risky to leave this kind of juror on the panel,” she said.

A jury found Stauch guilty in May 2023 of stabbing her stepson, 11-year-old Gannon Stauch, 18 times, beating him with an unknown blunt object and shooting him in the head at their home in unincorporated El Paso County. The child’s body was later found under a bridge in Florida.

“I am truly torn by the emotions of potentially having to repeat this process,” said Albert Stauch, Gannon’s father, in a statement to The Gazette. “My resolve, however, 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.”

Letecia Stauch pleaded not guilty by reason of insanity, arguing that she suffered from dissociative identity disorder, but the jury rejected the defense. She was sentenced to two life sentences without parole, 12 years in prison for tampering with a deceased human body and 18 months for tampering with physical evidence, The Gazette previously reported.

“The court’s opinion is a disappointing result for this office, Gannon’s family and everyone who loves him,” 4th Judicial District Attorney’s Office spokesperson Kate Singh wrote in an emailed statement to The Gazette. “Still, we remain undeterred in our search for ultimate justice in this case.”

Who was the biased juror?

Stauch appealed her conviction in late January to a panel of three judges on the Colorado Court of Appeals, according to previous Gazette coverage. All three ruled in favor of the reversal.

During oral arguments, Stauch’s defense counsel voiced concerns about a juror who had a son-in-law employed as a deputy district attorney in the El Paso County District Attorney’s Office.

Despite this, the juror served as an alternate and later replaced a juror who was dismissed during the trial.

Senior Assistant Attorney General Katharine Gillespie argued to the court that the juror didn’t demonstrate any bias during questioning.

She also mentioned that the defense did not object when the juror was moved from the alternate position. Gillespie questioned whether this was a strategic plan to have grounds for an appeal.

Defense attorney Eric Samler denied the assertion, saying the best way to win an appeal is to win at trial instead.

Samler told the court that trial Judge Gregory Werner was to blame for not knowing the law.

Court transcripts provided in the ruling show that Werner was going to “circle back” on removing the juror. After questioning the juror about their son-in-law and whether it could influence the trial, Werner instructed them to return the next day. They were ultimately not dismissed.

“Prosecutors and trial judges have long been aware of the law regarding juror qualifications. 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,” Samler wrote to The Gazette in an emailed statement.

The Colorado law in question prohibits a juror from having a relationship within the third-degree, including marriage, with any of the involved parties.

While she has yet to read the whole opinion, Mulligan said it seems like the defense counsel “used the right strategy” at first glance.

“When a trial court erroneously denies a challenge for cause and a biased juror serves on the jury, the error is structural and requires reversal,” the Colorado Court of Appeals wrote in its ruling.

A murder that started as a missing person report

Stauch reported her stepson missing from their Lorson Ranch home in January 2020. According to past Gazette coverage, she allegedly killed Gannon Stauch in his bedroom and hid his body in a suitcase.

In the weeks that followed, authorities believe Letecia Stauch tried to cover her tracks by telling a series of “fictitious stories” and hiding evidence. She was eventually arrested on March 2 in Myrtle Beach, S.C.

Evidence in the 2023 trial showed that Stauch moved the suitcase containing Gannon Stauch’s body from a basement storage room to a parking lot at the Colorado Springs Airport, then to a wooded area near Palmer Lake, eventually throwing it off a bridge in Florida, where it was found on March 18, 2020.

On Feb. 11, 2022, Stauch pleaded not guilty by reason of insanity to four counts in connection with Gannon Stauch’s murder. 

Stauch’s defense didn’t deny that she killed her stepson, but argued the killing happened during a psychotic breakdown.

Stauch’s trial began with jury selection on March 20, 2023, and lasted five weeks. She was found guilty and sentenced on May 8, 2023.

A date for her second trial has not been announced. Colorado Department of Corrections records show she is still being held at the Denver Women’s Correctional Facility.

The El Paso County district attorney’s office said it plans to consult with Attorney General Phil Weiser about seeking a review with the Colorado Supreme Court.

“If necessary, we will be prepared to present the case to a new jury here in El Paso County,” Singh said in the office’s statement.