Mom In Fatal Child Abuse Case Sentenced
Molly Midyette Gets 16 Years In Prison
POSTED: 9:39 am MDT April 17,
2008
UPDATED: 11:31 am MDT April 17,
2008
LOUISVILLE, Colo. -- A Louisville mother who was convicted of child abuse resulting in death after her 10-week-old son died with 30 broken bones in his body was sentenced to 16 years in prison Thursday.Prosecutors say Molly Midyette acted criminally when she failed to seek help for her son.They believe her husband, Alex Midyette, inflicted the fatal blows on the infant but said Molly is just as guilty of child abuse because she knowingly and recklessly permitted her son to be placed in a dangerous situation and waited too long to get him medical care.
"Not taking action is a form of action," Boulder County Assistant Deputy District Attorney Colette Cribari said."I did not kill my son. I did not see my son being hurt. If I had, I would have done something. There's a lot that you don't know yet about this case. I wish I could turn back the clock," Molly told the judge.In court, her family and her attorney made cryptic statements about how more will be revealed in the case, and that a further hearing is likely. Her family believes she will be set free as a result of this information, which her attorney said is linked to a "medical recommendation" by Dr. Leonore Walker.Walker's research on battered woman syndrome is used in legal defenses to explain how battered women behave and why battered women have such difficulty in getting out of domestic violence relationships, according to her Web site."New facts will shed a more complete truth on this matter. Until then, we will keep a light shining until we are reunited with her," said Molly's mother, Jane Bowers."Recent information encourages me that Molly will be free," said Molly's father, Dan Bowers.Molly had faced up to 28 years in prison, but the judge gave her the minimum sentence of 16 years.Molly, 29, had asked for a new trial on the grounds that her husband and his family bullied her, trying to keep her from testifying about his alleged role in the boy's 2006 death. The judge denied that request earlier this week.Alex Midyette, 28, is set to stand trial on May 27. He has pleaded not guilty.The couple's son, Jason, was taken to the hospital in March 2006 with 37 broken bones. Doctors said he also suffered a brain injury. He died a week after he was hospitalized.According to a grand jury indictment, Alex Midyette admitted to accidentally hitting the boy's head on a chair and table. Molly said during her trial that she took her son to the family doctor because she thought taking him to the emergency room would take too long.A pediatrician testified that Jason might have survived his head injuries if he had received immediate care."He had nothing but misery and pain. Every day of his life was a misery. The love of a mother for a child is a different kind of love. She didn't have that. There was a disconnect there. Why didn't she know? A mother can read the different cries of their babies. Not for one second did she show any responsibility for what she did and did not do," Cribari said.Prosecutors argued during the trial how the disconnect between Molly, a law graduate from the University of Colorado, and her baby was demonstrated in a personal phone call Molly made to her attorney."She grabs a phone and talks to her lawyer and asks, 'What defense do I use, broken baby or eggshell baby?'" Cribari said.Cribari said that conversation happened in front of social service workers before the baby died.Prosecutors said that after giving birth, Molly's biggest concern was about stretch marks on her "bikini body." They said she even sent an e-mail about those concerns to an ex-boyfriend. Molly never prepared her baby's room, never told doctors about Jason's bruises and never rode in the back seat with Jason during the emergency trip to the hospital, prosecutors said.During sentencing the judge said he agreed there is a disconnect between Molly and her son.Dan Bowers said Jason and Molly shared "a warm bond."
Previous Stories:
- April 14, 2008: No New Trial For Mother Convicted In Infant's Death
- January 15, 2008: Midyette Hearing Today On Tracking Device
- January 9, 2008: Report: Tracking Device Sought For Child Abuse Suspect
- December 22, 2007: Molly Midyette Found Guilty In Child Abuse Case
- December 18, 2007: Doctor Describes Final Days Of Injured Louisville Infant
- December 17, 2007: Doctor: No Previous Signs Of Abuse Until Just Before Baby Died
- December 10, 2007: Mother Accused Of Not Seeking Help For Infant
- July 31, 2007: Louisville Parents Plead Not Guilty In Son's Death
- May 9, 2007: Parents Accused Of Beating Infant To Death
- May 9, 2007: Parents Arrested In Their Infant's Death
- December 7, 2006: Boulder Grand Jury Looking Into Baby's Death
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