Molly Midyette

Background

Molly Midyette was convicted of child abuse resulting in death in the 2006 death of her newborn baby, Jason. She was divorced and was using her maiden name, Bowers, during later proceedings.

Jason Midyette was a 10-week-old son at the time of the March 2006 death. His death followed injuries that included multiple broken bones and a skull fracture.

Molly Midyette’s ex-husband, Alex Midyette, was accused of causing Jason’s fatal injuries. Alex Midyette was also serving a 16-year sentence and was appealing his conviction.

The offence

Molly Midyette was found guilty by a Boulder County jury of child abuse resulting in death for not getting help in time to save her baby.

The jury said that Molly allowed her child to be in a situation that posed an unreasonable threat and consistently failed to provide proper medical care.

Investigation

Jason Midyette was brought to The Children’s Hospital with at least 20 broken bones and a skull fracture. His official cause of death was from head injuries, and the manner of death was ruled early on as a homicide.

The possible causes discussed during medical testimony included pulling or twisting the limbs, direct blow, or violent shaking.

A doctor examined Jason Midyette’s x-rays when he was at The Children’s Hospital and testified that the x-ray findings were “highly suggestive of non-accidental trauma, or child abuse.” The doctor also used a model skeleton to show areas where an autopsy report showed bone fractures.

Dr. John Meyer, who performed the autopsy, ruled out the possibility of Jason having a “brittle bones disease.”

Arrest

Alex and Molly Midyette turned themselves in around 4:30 p.m. on May 9, 2007.

The Boulder County Coroner’s Office took five months to determine how 10-week-old Jason Midyette died. Alex had been charged with child abuse resulting in death and three other charges relating to Jason’s death, and his bond was set at $750,000. Molly had been charged with child abuse resulting in death and two other charges relating to Jason’s death, and her bond was set at $500,000. Both were released on bond on Tuesday evening.

Trial

Charges and jury verdict

Molly Midyette was convicted in December 2007. At the time the guilty verdict was read, there was a loud exclamation in the courtroom and both Alex and Molly Midyette began weeping out loud; Alex started yelling and swearing, and Judge Lael Montgomery ordered the courtroom to be cleared.

Molly’s attorney was Craig Truman. The prosecution laid out its case during opening statements, accusing Molly of knowing about alleged ongoing, consistent abuse of Jason and failing to get her son help.

During cross-examination, prosecutors accused Molly of trying to cover up abuse to her son. Molly denied the accusations, testified that she did not know how Jason could have been injured, and said her husband, Alex, did not hurt the baby.

When the judge asked a question about how a non-mobile child would get the injuries if both parents were the only caregivers, Molly replied, “I don’t know.”

Witnesses and medical evidence

Dr. Thomas Hay testified while discussing Jason’s rib fractures and the x-rays, and gave the quoted opinion:

“These are highly suggestive of non-accidental trauma, or child abuse,”

Hay testified about the possible causes of injuries and that Jason’s broken clavicle was caused by a direct blow.

The jury heard testimony suggesting that Jason’s injuries appeared in various stages of healing, suggesting repeated trauma.

Jason’s pediatrician testified that, based on Jason’s condition when he was brought to her office on February 24, 2006, she was surprised at how long the parents had waited to get help.

Molly’s testimony

Molly testified that on February 24, 2006 her son felt sick, but not sick enough for her not to go to work. She testified she went to work, but left at about 11:30 a.m. when Alex called and said Jason wasn’t feeling any better.

Molly testified she made an appointment with her regular doctor which was two-and-a-half hours away, and she testified that she felt emergency room and urgent care would take longer.

She testified about noticing that Jason would not fully wake up and described fear at that time, stating:

“It got scary pretty quickly,” and: “scary.”

Molly testified that at the doctor’s appointment the physician told her she thought Jason had meningitis.

She testified that when they were in the emergency room a doctor told her Jason was having a seizure:

“It got scary pretty quickly,” she said.

She testified that a CAT scan revealed her son had a broken arm, a broken clavicle and a broken leg, and that police were called after that.

Molly testified that her first reaction was to ask Alex, “Did you do this?” and that Alex replied, “No.” She testified that she asked “Was there an accident?” and Alex replied, “No.”

Molly testified that she was still living with Alex because she believed him and that she had never seen him hurt Jason:

“I believe Alex, he didn't do anything. I never saw him do anything to hurt Jason. He loved Jason. He was interested in Jason.”

Molly also testified that a doctor told her and Alex that Jason had a “severe brain injury” and “wasn't going to live for 24 hours.”

When defense attorney Craig Truman questioned Molly about what happened on February 24, 2006, Molly responded after learning her son would not live for another 24 hours:

“It was awful, it was the worst thing ever to see in my life,” and she added: “It made me numb, I just froze. I couldn't imagine what was happening. I refused to believe he was going to die,”

Molly’s narrative included background about how she met Alex, the timing of their relationship, and her pregnancy and medical experience during the pregnancy.

Molly testified about meeting Alex as a child and rekindling their relationship before moving in together in 2005. She testified that in May 2005 she learned she was pregnant and that they were “overjoyed and excited.” She testified that before Jason’s December birth, the couple wed and that during the pregnancy she was put on bed rest. She testified to her court description that she felt like:

“been in a car crash rather than a pregnancy.”

Molly testified that after a cesarean section and time spent in the hospital’s NICU, the couple brought the baby home for Christmas. She testified:

“It was the best Christmas I'd ever had,” and later said: “We loved him. We loved being parents. He was a very mellow baby.”

Courtroom remarks during verdict and arguments

Deputy District Attorney Collete Cribari said:

“It was a very serious case and the jury took careful notes and they were very attentive through all of this,” and: “They were very intelligent people. They did a good job of judging the evidence.”

Molly’s attorney Craig Truman told the court the following during the trial:

“Why Molly stays with Alex is a mystery to me. I wish I could tell you. I wish I could change it.”

At the trial, when the judge ordered the courtroom to be cleared after Alex yelled and swore, Molly mouthed:

“my life is over,” and she took off a necklace and handed it to a family member.

As the verdict was read, Alex yelled:

“Are you happy?” and: “Are you happy about your lies?”

Sentencing

Molly Midyette was not released on bond before her sentencing on February 29, 2008.

The sentencing was described as a mandatory sentencing of 16 to 48 years in prison, and she was sentenced to sixteen years, the minimum possible for her crime.

Judge Lael Montgomery told Molly at sentencing:

“You remain in many ways opaque.... I know what I learned from sitting through the trial, but I do not have as clear an understanding as I would like at this time of sentencing of the reasons behind this crime.”

Appeals

Molly Midyette sought a new trial in a 2007 conviction involving Jason’s death, and she later denied new trial requests as reflected in later proceedings.

A judge denied Molly Midyette’s request for a new trial in the 2006 death of her newborn baby. She had a nine-day hearing in her bid for a new trial.

Her new defense team claimed battered woman syndrome, saying she was abused by her husband and intimidated by him and his family to the point of being unable to defend herself at trial.

She also claimed her trial attorney provided inadequate counsel.

In her ruling, Judge Lael Montgomery found that the evidence did not support that Molly Midyette was a battered woman or was suffering from post-traumatic stress disorder or depression. Montgomery also found that, even if one of those disorders was proven, no persuasive evidence was offered that Midyette was confused about who her lawyer was or that she was in any other way mentally incompetent.

Montgomery wrote:

“The evidence showed that Defendant was an intelligent, assertive law school graduate who was actively engaged with her lawyer in the preparation and defense of her case at all times,”

Boulder County District Attorney Stan Garnett said Molly Midyette had “a full and fair trial.”

Garnett also made the quoted statement:

“The public should know that Colorado trial procedures are very fair to a defendant in a criminal case,”

Molly’s attorney Alison Ruttenberg said she disagreed with the decision and planned to appeal.

Judge Montgomery cited testimony by a friend that contradicted Molly Midyette’s account of an abusive incident at a Denver hotel on the couple’s anniversary.

Judge Montgomery also addressed a jail recording, stating that it did not reveal Alex Midyette threatening to withhold pictures of Jason, as reported by Molly Midyette, and instead showed a “caring and concerned conversation.”

Montgomery also ruled that Molly Midyette’s trial lawyer, Craig Truman, did not make “unprofessional errors” and instead was “thoroughly prepared for trial, understood the issues and the facts, and was extremely competent and professional in putting forth the defense.”

Molly Midyette later filed another request for a new trial, claiming she was manipulated and emotionally abused by her father-in-law, her husband, and their attorneys to the point of being incompetent to assist in her own defense.

Her latest request for a new trial asserted that she was manipulated into sacrificing her own legal case for the sake of her now ex-husband’s defense.

Attorneys Alison Ruttenberg and Thomas Carberry filed an inch-thick pleading that ran 129 pages and included 20 exhibits.

In the later request for a new trial, attorneys said trial attorney Craig Truman should have told jurors of her suspicions about her husband, which developed over time after the baby’s death, and should have approached prosecutors to