Prosecutors and attorneys for two parents charged with killing their 10-week-old son last year traded barbs today over how long the defense should have to review grand-jury records.
Alex and Molly Midyette made their first court appearance and remained silent during the brief hearing, a day after they were indicted on multiple counts of child abuse resulting in death.
The Midyettes’ 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 denied harming their child, and one of their attorneys has said the baby showed no bruising or other outward signs typical of abuse when he died. A friend of the family has said Jason suffered from multiple medical problems.
Neither the Midyettes nor their attorneys offered any comment after the hearing, which also was attended by several family members. Alex Midyette’s father is J. Nold Midyette, a prominent Boulder architect and property manager.
The attorneys at today’s hearing reached their most animated when they argued a request by defense attorney Paul McCormick, who represents Alex Midyette, to allow several weeks for the defense to review the voluminous grand-jury transcripts that they expect to receive shortly.
Boulder Chief Deputy District Attorney Ken Kupfner argued that such a delay would slow the case too much.
“We could be looking at six to nine months before we’re even setting a trial date,” he said.
“That,” chimed in 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 Montgomery set a July 10 hearing to see how defense attorneys are progressing.
The testy exchange highlighted one aspect of the case that brought scrutiny and criticism to Boulder District Attorney Mary Lacy. Some radio, television and Internet commentators, including national media figures such as Fox News’ Bill O’Reilly, said Lacy took too long to file charges. The grand jury began investigating the case in October.
Also at today’s hearing, 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.
Alex Midyette, 27, posted a bond of $750,000 on Tuesday night. Molly Midyette, 28, posted a bond of $500,000. According to a jail record released today, the Midyettes paid for their bail themselves, in full.
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.
