BOULDER — Boulder County District Judge Lael Montgomery on Monday said she will not recuse herself from the case involving a Boulder County man awaiting sentencing on a child- abuse conviction in his infant son’s death. Montgomery is scheduled to sentence Alex Midyette, 29, next week for his role in the 2006 death of his 11-week-old son, Jason.
Midyette is jailed on $20 million bail on accusations that he violated his bail conditions by having contact with children. He posted an earlier $1.5 million bond after a Denver jury convicted him in February of criminally negligent child abuse resulting in death.
On March 30, his attorneys filed a motion seeking a new judge, saying Montgomery was biased against Midyette and had set excessive bail amounts in the case.
