COLORADO SPRINGS — The District Court of El Paso County was ready to set the trial date for Letecia Stauch, but her defense has filed a motion for a second sanity examination.

Stauch’s defense attorneys are challenging the state’s sanity examination that took months to complete. This is the third mental evaluation for Stauch.

Stauch was present at the hearing, along with the mother and father of 11-year-old Gannon Stauch, Stauch’s stepson that police have accused her of killing.

FOX21’s Lauren Scharf attended the hearing and gave updates as it unfolded. When Judge Gregory Werner entered the courtroom on Thursday, August 25, he stated “we are here to set a trial date,” after the state’s mental evaluation came back on August 4.

The defense then filed a motion for a second evaluation, with Letecia Stauch’s Defense Attorney Josh Tolini asking to hold off on setting the trial date until the second evaluation is complete.

The judge is giving the defense three weeks to see if the state hospital will have a bed for Stauch to get a second sanity evaluation by an outside (out-of-state) psychiatrist. Judge Werner also wants to clarify the law of when to set the trial date after a sanity evaluation is complete. The judge responded to the motion and said this was different because it is a ‘sanity examination,’ rather than a ‘competency evaluation.’

The evaluation will be an interview, which must be recorded in both audio and video and provided to the prosecution once finished. Stauch will wear an electroencephalogram (EEG) monitor for 72 hours.

Fourth Judicial District Attorney Michael Allen responded to the request and now wants to hear from the state hospital on whether or not this is something they would even allow.

Stauch’s attorney said it would take their psychiatrist 30 days to have the results from the second sanity evaluation if approved by the state hospital. The judge reminded Stauch that anything she says or does in this second evaluation could be used at a future hearing.

The next hearing for Stauch was set for September 15 at 1:30 p.m.

Gannon Stauch was reported missing on January 27, 2020. A few months later, Stauch was arrested for first-degree murder before authorities found Gannon’s body in Florida. Stauch initially pled “not guilty,” but later changed her plea to “not guilty by reason of insanity.”

Since Stauch’s return to Colorado, she has been held at the El Paso County Jail undergoing several mental health evaluations. She is being held without bond.