BOULDER — This week, Molly Midyette will try to persuade a Boulder County judge she deserves a new trial in the death of her 10-week-old son at the hands of her ex-husband.
Observers say the case raises unusual legal questions because Midyette’s attorneys are basing the request on the claim that she was so emotionally and psychologically abused by her husband, his family and his attorneys that she couldn’t assist in her own defense four years ago.
Midyette was convicted in December 2007 of child abuse resulting in death. She was accused of not getting help in time for her 10-week-old son, Jason, who had several broken bones and brain damage. She is serving a 16-year sentence for his February 2006 death.
Alex Midyette also was sentenced to 16 years after a separate trial. He has appealed his conviction of criminally negligent child abuse resulting in death, a lesser charge.
