BOULDER, Colo.—A judge has approved a last-minute request to postpone the sentencing of a Boulder County man convicted of criminally negligent child abuse in the death of his 11-week-old son.
Alex Midyette’s sentencing was set for Monday, but Boulder District Judge Lael Montgomery agreed Friday to push it back to May 15.
The ruling was in response to a motion filed earlier in the day by Midyette’s attorney, Paul McCormick. It follows Montgomery’s Tuesday decision to deny a similar request.
In his second attempt Friday, McCormick said he and co-counsel needed more time to review thousands of pages of new evidence concerning Midyette’s alleged bond violation last month and to present evidence to the Boulder County Probation Department that their client deserves a community-based sentence rather than prison time.
Montgomery said she granted the request because of McCormick’s insistence that he would be unable to provide effective counsel if the hearing went ahead on Monday, and because prosecutors didn’t object to the delay.
Midyette, 29, was convicted in February of criminally negligent child abuse in the 2006 death of his son, Jason. He also is accused of violating his bond conditions last month by having contact with children while dating a day care owner in Evergreen.
In his request for a delay, McCormick said he’s been supplied with more than 30 computer disks of discovery from the prosecution concerning his client’s arrest on the alleged bond violation, and hasn’t had time to review it all.
He also said he wants to present evidence that Midyette has profound learning disabilities that should be factored into the probation department’s evaluation of his knowledge and judgment.
Midyette remains jailed on $20 million bond.
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Information from: Colorado Daily,
