Editor’s note: This story has been updated to clarify the outcome of Thursday’s hearing.

COLORADO SPRINGS, Colo. (KDVR) — Letecia Stauch appeared in court Thursday after the results of a state mental health evaluation to determine her sanity were provided to a judge. She is accused of murdering her stepson Gannon in 2020 and earlier this year pleaded not guilty by reason of insanity.

FOX31’s Nicole Fierro was in the courtroom Thursday as El Paso County Judge Gregory Werner confirmed the court received the reports and that Stauch’s attorney was challenging the results and asking for a second evaluation.

Stauch’s defense said it would pay for the second evaluation but would like to use the state mental health facility as a location where it will be conducted.

The judge said he was uncertain about the statute surrounding this request and set a court date for Sept. 15, at which point he hopes to have more clarity on its legality. He also told the defense if a second evaluation is undertaken, audio and video recordings must be made and provided to the prosecution as anything she says in the evaluation can be used at trial.

The defense said the psychiatrist it wants to use is from out of state but hopes to have results within 30 days of conducting the second evaluation.

Between now and Sept. 15, the judge also plans to research a statute that says a trial date must be set immediately after a mental health report is made available.

One of the reasons the judge brought this up is that there have already been extended delays in setting a trial date. Initially, the mental health evaluation was supposed to be available to the court before a June 8 hearing. When it was not, it was pushed to July 28 and at that hearing the judge still did not have the report, causing another delay.

Two years since Stauch was arrested, accused of Gannon’s murder

Stauch, 38, is accused of killing her stepson Gannon Stauch, who was reported missing on Jan. 27, 2020. A few months later, Stauch was arrested for first-degree murder before authorities found Gannon’s body in Florida.

Stauch initially pleaded not guilty, but later changed her plea to not guilty by reason of insanity.

Police arrested her on March 2, 2020, in Myrtle Beach, South Carolina. They found Gannon’s body in Pace, Florida, on March 18.

Since March 2020, Stauch has been held in the El Paso County Jail. She faces over a dozen charges, including first-degree murder. She has been awaiting trial on the case for more than two years.

In September of 2020, state psychiatrists told the court Stauch is competent enough to stand trial but her attorneys asked for a second opinion. Exactly a year after her stepson was reported missing, Stauch was found competent to stand trial.

In Sept 2021, Werner determined that there is enough evidence against Stauch to proceed with a trial.

Stauch initially pleaded not guilty in November 2021. Right after, her attorney stated it is likely they are going to introduce evidence about Stauch’s mental condition after the disappearance of Gannon, but it wasn’t an insanity plea.

In February this year, Stauch changed her plea to not guilty by reason of insanity, and her defense lawyers filed a motion to waive a jury trial.

When Stauch changed her plea back in February, it required the state to conduct another mental health evaluation. Werner said he would not make a ruling on that motion to waive the jury trial without a report on her mental status.

Since a third evaluation was ordered, there have been a number of delays in getting a report from the state doctors to the court.

In April, Werner said doctors from the state hospital needed more records that Stauch told them about, records that were in South Carolina where she used to live. Her defense attorney had to fly there to get them, and the original plan was to have the report done by the end of May.

The results of Stauch’s state mental evaluation were scheduled for release on June 9, however, the court said it had not received any reports and was unable to move forward until it did. As a result, Stauch’s case was postponed until July 28, with the possibility of a trial being set for next year.

On July 28, Werner said that the court still didn’t have the reports and he was going to wait until the court physically has them to set another status hearing.