BOULDER, Colo.—A Boulder County man awaiting sentencing in his infant son’s death says the judge in the case is biased against him and should recuse herself.
Alex Midyette’s attorney Paul McCormick filed a motion seeking a new judge Monday. The motion claims that “excessive” bond amounts set by Boulder County District Judge Lael Montgomery in the case show that she has lost her “sense of fairness and balance” toward Midyette.
Midyette is in the Boulder County Jail on bonds totaling $20 million awaiting his April 20 sentencing. He was convicted last month of child abuse in the 2006 death of his 11-week-old son, Jason.
Midyette was free on $1.5 million bond when he was re-arrested last week on suspicion of violating his bond conditions. Authorities allege he interacted with children while dating a woman who runs a Montessori school at her home in Jefferson County.
Midyette’s attorneys argue that the judge’s decision to set a $10 million bond for the suspected violation while increasing his $1.5 million bond to $10 million were record-setting bond amounts for the class of the violations.
“The only reasonable explanation for a judge who normally is very thoughtful and fair to circumvent statutorily prescribed procedures, revoke a bond and set it many times higher than any other in Boulder County is that the court has lost its impartiality and has become biased and prejudiced against Mr. Midyette,” McCormick wrote in the motion, which was made public Tuesday.
McCormick is seeking a new judge from another district, saying the case has received “extreme” publicity in Boulder County.
Defense attorneys also argue that Montgomery met with prosecutors about Midyette’s alleged bond violation without notifying them, and they were unaware of the pending arrest warrant.
Midyette was arrested when he showed up for a routine pre-sentencing appointment at the Boulder County Justice Center. Prosecutor Colette Cribari said at the time that Midyette wasn’t told of the warrant because prosecutors were worried he would flee.
Montgomery didn’t return calls from the Daily Camera newspaper on Tuesday, and a listed phone number for her could not be found. Prosecutors declined to comment.
