The Jefferson County district attorney has been assigned as special prosecutor in a Boulder County woman's appeal of her conviction in her infant son's death.
Molly Midyette is seeking a new trial in the death of her son, 11-week-old Jason, who had broken bones and a skull fracture. She was accused of not getting help in time for Jason, who had multiple broken bones and brain damage. Midyette was convicted in 2007 of child abuse resulting in death and sentenced to 16 years in prison.
Her former husband, Alex Midyette, is also serving 16 years for their son's death. She claims she was so emotionally abused and manipulated by her husband and her father-in-law that she couldn't adequately defend herself in court and should have a new trial.
The Daily Camera reports that Boulder County District Attorney Stan Garnett requested a special prosecutor because Midyette's lawyers plan to subpoena members of his staff and possibly him.
The case for a new trial paints an unflattering portrait of the Midyette family.
Molly Midyette's attorneys allege that J. Nold Midyette, Alex Midyette's father, kept the title to a house and car he gave the young couple so that he would have power over his daughter-in-law and that he pressured her to work for him and then forced her to return to work when Jason was just 6 weeks old, while allowing Alex Midyette to stay home with the baby. They also said that he threatened to seize the baby's cremated remains, as he had paid for the cremation, if Molly Midyette said anything bad about Alex Midyette to investigators, the Camera reported.
The filing describes J. Nold Midyette telling Molly Midyette's parents that if there was any way to buy off then-District Attorney Mary Lacy, he would. It also said he asked one of the early defense attorneys, Pamela Mackey, if she could "make the situation go away" if he paid her $500,000.
Paul McCormick, an attorney for J. Nold Midyette, called it "an any-port-in-the-storm pleading" that attacks everyone from the prosecutors and the judge to Molly Midyette's own attorneys and the Midyette family, the newspaper reported.
"These are desperate people making desperate allegations," McCormick told the Camera. "The allegations concerning Alex Midyette, the Midyette family and the Midyettes' attorneys are false and fictitious and maliciously made. This matter needs to be resolved in the courts, and not in the media."
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