BOULDER — Convicted child abuser Alex Midyette is asking for a new judge, alleging that the $10 million bond set in his bond-violation case is “the highest bond amount ever set” for that type of violation in Boulder County and claiming the court “has lost its sense of fairness and balance in this case.”
Midyette’s attorney Paul McCormick filed a motion this week seeking to “disqualify” Boulder District Court Judge Lael Montgomery, claiming among other things that she “side-stepped the statutory procedure” requiring a hearing about whether a bond revocation was appropriate before revoking Midyette’s bond. The motion was filed Monday and posted this morning.
“Failing to follow the statutorily prescribed procedures further indicates the court’s bias and lack of fairness at this point in the case,” McCormick wrote in the motion.
Midyette, 29, will be sentenced April 20 for his conviction last month of criminally negligent child abuse resulting in the death of his 11-week-old son, Jason. He’s scheduled for a May 8 preliminary hearing in the bond-violation case.
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