BOULDER — Convicted child abuser Alex Midyette’s request for a new judge should be denied because it’s based on “wild speculation,” according to a motion filed by prosecutors this week.
Midyette, 29, filed a motion late last month asking for a new judge. The motion asks Boulder County District Judge Lael Montgomery to recuse herself from the case, claiming she “side-stepped” the law by arresting him on a suspected bond violation, then set an “excessive” $10 million bail on the new charge.
Prosecutor Ken Kupfner wrote in a response motion Monday that those charges are based solely on “speculation, opinions and conclusions, all of which are unsupported by fact.”
Midyette had been free on a $1.5 million bond awaiting sentencing, but was arrested March 20 on suspicion of violating bond conditions by having contact with children at a Morrison daycare whose owner he was dating, according to prosecutors.
While Midyette’s attorneys claim Montgomery should be taken off the case in part because she had “secret” meetings with prosecutors about Midyette’s alleged bond violation, Kupfner argues that there’s no evidence the judge did anything wrong.
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