The Jefferson County District Attorney’s Office will take over the high-profile Molly Midyette case as she fights for a new trial on charges she was responsible for the death of her 10-week-old-son in 2006.
A judge last week granted Boulder County District Attorney Stan Garnett’s request for a special prosecutor in the case because Midyette’s lawyers have said they plan to subpoena members of Garnett’s staff — and possibly the DA himself — in their bid for a new trial.
The office of Jefferson County District Attorney Scott Storey has been assigned to the case — and both Garnett and Midyette’s attorney agree it was an appropriate step to take.
Molly Midyette was convicted in December 2007 of child abuse resulting in death and sentenced to 16 years in prison. The jury found that she did not get help in time to save her 10-week-old son, Jason, who died after suffering multiple broken bones and brain damage.
Molly Midyette initially appealed her conviction but sought — and received — a dismissal earlier this year after the Colorado Court of Appeals ruled that the appeal of the jury verdict had to be heard before Midyette’s request for a new trial would have the chance to go before a district court judge.
With the appeal dismissed, Midyette’s attorneys now await a hearing in Boulder District Court on their request for a new trial. Under the new special prosecutor, a status conference has been set for 9 a.m. Tuesday.
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