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John Ingold of The Denver Post
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Boulder County authorities Tuesday charged the parents of a 10-week-old Louisville boy, who died more than a year ago, with child abuse resulting in death.

Alex and Molly Midyette turned themselves in at the Boulder County Jail Tuesday afternoon after a grand jury indicted the couple earlier in the day. Alex Midyette, 27, was indicted on four counts of child abuse, including one count of causing injury to his son, Jason. Molly Midyette, 28, was indicted on three counts of child abuse.

The charges also allege that the Midyettes knowingly placed Jason in a situation that posed a threat of injury and engaged in a pattern of conduct that resulted in mistreatment. All of the counts are felonies.

Alex and Molly Midyette were booked into the county jail on bail of $750,000 and $500,000, respectively. They bonded out Tuesday evening.

Boulder County authorities declined to elaborate on the case beyond what was in the indictment.

“We’re not at this point going to be commenting on the specifics of the case,” said district attorney’s spokeswoman Carolyn French. “That’s what the court process is for.”

Alex Midyette’s attorney could not be reached for comment Tuesday. Molly Midyette’s attorney, Craig Truman, said: “I am sure when all the facts are known in this difficult and complex case that justice will be done.”

Jason Midyette died in March 2006 from what the coroner said were head injuries. Doctors found more than 20 broken bones, in various stages of healing, in his body, according to his autopsy report. The coroner said in July that Jason’s death was a homicide after consulting with experts who found it unlikely Jason suffered from brittle-bone disease.

A grand jury began investigating the case in October.

The indictment contains no direct testimony that the Midyettes physically abused Jason, though it does mention a few times where Alex told family members or friends that he accidentally bumped Jason’s head against something, causing small bruises.

Rather, the document contains the statements of several doctors that say the injuries Jason suffered were consistent with abuse.

The document also details multiple instances where the Midyettes expressed concerns about Jason’s health to their friends or family – they said he often cried loudly, vomited and tensed up as if having a seizure. But the Midyettes’ doctor said the couple never told her of these problems, according to the indictment.

A friend of the Midyette family, however, said the couple often expressed concerns to their doctor about the health of Jason, who was born prematurely after a difficult pregnancy. According to the indictment, the doctor said she didn’t find anything wrong with Jason during routine exams except for one instance when he was underweight, which was resolved.

The friend said Molly and Alex loved Jason. “What they wanted for him was a wonderful life,” said the friend, who asked not to be identified.

Alex Midyette is the son of J. Nold Midyette, a prominent Boulder architect and property manager.

The Midyette case has drawn attention from several radio and television commentators, who criticized District Attorney Mary Lacy for the length of the investigation.

One of those commentators, Denver defense lawyer Craig Silverman, said the new indictment lifts some of the scrutiny surrounding Lacy. “It’s a very sad case,” Silverman said, “and I am glad the Boulder DA’s office is taking it seriously.”

Staff writer John Ingold can be reached at 720-929-0898 or jingold@denverpost.com.

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