Explosive allegations about Alex Midyette’s behavior before his baby’s death — that he kicked his pregnant wife in the stomach, used cocaine and viewed Internet porn just hours before bringing his dying child to the hospital
— were unveiled in a court document Friday.
The judge in the case ruled that the jury would be allowed to hear new and controversial claims against Midyette, according to a transcript of a closed hearing held earlier this week on the admissibility of evidence at Midyette’s upcoming child-abuse trial. The transcript was released Friday.
The trial starts Monday in Denver District Court and is expected to last three to four weeks.
Midyette, 29, is accused of inflicting the injuries that caused the death of his 11-week-old son, Jason, in 2006. He has denied harming the baby.
His wife, Molly, was convicted a year ago of not getting help for her son in time to save his life and is serving a 16-year prison sentence.
Prosecutor Ken Kupfner is quoted in the transcript as saying that “there may be allegations presented” that Alex Midyette kicked a pregnant Molly in the stomach, and that those claims should be allowed at trial to show a pattern of abuse between husband and wife and possible in-utero abuse of the baby.
“I think that it’s relevant to show any abuse that occurred during the course of the relationship, specifically during the pregnancy,” Kupfner said.
Boulder County District Judge Lael Montgomery agreed.
“Evidence of — if such evidence exists of abuse toward Molly and, by inference toward the unborn baby if it was during her pregnancy, is admissible,” the judge said.
The prosecutor said it’s critical that evidence of cocaine use by the defendant while Jason was alive be admitted because it speaks to Alex Midyette’s “ability to interact with his son.”
Kupfner said three witnesses can attest to the fact that Midyette partied and used cocaine with them Feb. 15, 2006, the night before the defendant was on solo child-care duty.
He also said the jury should be able to hear about Alex Midyette’s “state of mind” on Feb. 24, 2006, the day the couple — who then lived in Louisville — brought a visibly ailing Jason to the hospital and a week before the baby died.
That includes evidence that when Jason’s condition was rapidly deteriorating, Alex Midyette spent a few minutes surfing hardcore pornography on his computer, Kupfner said.
“The testimony is that this is a child who was seizing and stopped breathing at 7 a.m.,” Kupfner said. “At roughly 10:30, Mr. Midyette’s state of mind was rather than caring for that child or seeking care, to go access the Internet for three or four minutes and look at pornography.”
And when his wife came home and called a friend with concerns about her baby’s health, Kupfner said, Alex Midyette asked her to ask the friend if she could score him some pot.
Midyette’s attorney, Paul McCormick, is quoted in the transcript as saying there is no evidence that his client was ever under the influence when he was caring for his son and that any allegation of drug use is irrelevant.
But the judge concurred with the prosecution and said Alex Midyette’s alleged drug use during his son’s 11-week life span was admissible.
She also said the jury could hear about the defendant’s porn viewing while being the sole caretaker to his son, though she said she would not allow the graphic images he was accessing to be displayed in the courtroom