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Mother, Convicted Of Son's Death, Wants New Trial

Legal Analyst: 'This Is An Ethical Minefield'

POSTED: 5:56 am MDT March 18, 2008
UPDATED: 5:43 pm MDT March 18, 2008

Lawyers for an Erie, Colo., woman found guilty of child abuse resulting in her son's death have asked for a new trial, claiming she was threatened and intimidated by her husband and his attorney.

Molly Midyette was found guilty in December in the death of her 10-week-old son, Jason.

The 16-page motion filed in Boulder District Court on Monday describes multiple ways Alex Midyette allegedly tried to keep Molly Midyette from describing his explosive behavior to her attorney, according to a story in Tuesday's Boulder Daily Camera.

A copy of the the motion obtained by TheDenverChannel.com also alleges cocaine abuse by Alex Midyette prior to her trial.

Molly Midyette is awaiting a sentencing hearing in April that could put her in prison for 48 years. She opened up to her attorneys about Alex Midyette's threats only after she was convicted, according to the motion. Alex Midyette will also be tried on child-abuse charges later this spring.

"There was so much that I couldn't tell you," Molly Midyette was quoted in the motion as saying to her attorneys.

Doctors said Jason Midyette suffered a brain injury and 37 broken bones. Prosecutors believe Alex is the one who inflicted those injuries.

So does Molly's attorney.

During closing arguments, Craig Truman told jurors, "I believe the child was abused. Why Molly stays with him is a mystery to me."

Alex Midyette is scheduled to stand trial on May 27.

Legal analysts say it’s obvious now, however, that Molly Midyette is cooperating with the District Attorney’s office.

The motion refers to Alex Midyette using cocaine, and Molly Midyette said “was not so sure what the circumstance was if Alex was using cocaine throughout the brief time of the life of their son Jason.”

The motion has sent shockwaves through the legal community.

It alleges Grand Jury obstruction, evidence tampering and witness intimidation.

“There are some explosive allegations here,” said Craig Silverman, a legal analyst for 7 News. “I don’t know if they’re true or not, but it’s awfully darn serious to make them in the form of a legal motion… This is an ethical minefield with the stakes very high.”


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