A Boulder district judge refused Monday to grant a new trial to a woman convicted in December for not getting help for her badly beaten 10-month-old son.
Molly Midyette, 29, was convicted of child abuse resulting in death. She claimed in an appeal that her husband, Alex Midyette, and his family intimidated her before and during the trial so that she would not implicate her husband. Molly Midyette’s motion also claimed her husband and in-laws tampered with evidence and attempted to shape testimony about her husband.
But Judge Lael Montgomery said Midyette’s allegations were not convincing enough to force a new trial.
The “defendant is an intelligent, educated person in possession of a law degree,” Montgomery said in her ruling. “Her motion says that at times she followed the advice of her lawyers, and at times she did not. Her motion claims possible improper conduct on the part of co-defendant’s lawyers. . . .”
“What her motion does not set forth are sufficient grounds in law or fact to set aside the jury verdict rendered against her based on her claims,” Montgomery said.
Alex Midyette is scheduled to go on trial later this year for causing the fatal injuries that killed their son, Jason. He remains free on $750,000 bond.
Molly Midyette faces up to 48 years in prison when she is sentenced Thursday.
