Boulder – Prosecutors and attorneys for two parents charged with killing their 10-week-old son traded barbs Wednesday over how long the defense should have to review grand jury records.
Alex and Molly Midyette remained silent in their first court appearance, a day after the couple were indicted on multiple counts of child abuse resulting in death. The Mid yettes’ son, Jason, died in March 2006 from what the coroner determined was a head injury. Doctors also found more than 20 broken bones in various stages of healing in the baby – fractures that several doctors characterized as being associated with abuse.
The Midyettes, who now live in Erie, have said they did not harm their child, and one of their attorneys has said the baby showed no bruising or other outward signs typical of abuse when he died.
Neither the Midyettes nor their attorneys offered any comment after the hearing.
The attorneys at Wednesday’s hearing were their most animated when they argued a request by defense attorney Paul McCormick, who represents Alex Midyette, to allow several weeks for the defense attorneys to review the voluminous grand jury transcripts they expect to receive shortly.
Boulder Chief Deputy District Attorney Ken Kupfner argued such a delay would slow down the case too much.
“We could be looking at six to nine months before we’re even setting a trial date,” he said.
“That,” said defense attorney Craig Truman, who represents Molly Midyette, “would be almost as long as the grand jury had this case, your honor.”
“They’ve had this case 15 months, your honor,” McCormick added, referring to the total length of the investigation. “They expect us to have our case ready in a couple of weeks. That’s not fair.”
Judge Lael E. Montgomery set a July 10 hearing to see how defense attorneys are progressing.
Also at the hearing Wednesday, Montgomery made two slight modifications to the conditions of the Midyettes’ bail. She permitted them to wear GPS monitoring bracelets instead of undergoing electronic home surveillance, which one defense attorney compared to house arrest. And Montgomery amended a prohibition against contact with children to allow for supervised contact with nieces and nephews over 2 years old.
McCormick said the couple are not a flight risk.
“They are here for the long haul,” he said during the hearing. “They’re not going anywhere.”
Staff writer John Ingold can be reached at 720-929-0898 or jingold@denverpost.com.
