For those looking for more evidence that ML is an incompetent buffoon, (if more evidence is indeed needed,) there is no need to look further than the Midyette debacle.
Originally Posted by SuperDave
For those unfamiliar with the case, I would strongly suggest they take a look as it sheds a great deal of light into the Boulder “justice” system.
I agree with this bloggers view:
The lucky couple
Molly and Alex Midyette should get on their knees every night and thank whatever providential power they might believe in for having the good fortune to live in Boulder County. In almost any other jurisdiction, at least one of them would very possibly be in jail.
Rather than traipsing about the Erie community while being monitored by an ankle bracelet, the suspect would be counting stale hours from the confines of a cell.
But the Midyettes are lucky. They live in a county where the district attorney is the feckless Mary Lacy, engineer of last year’s fiasco involving John Mark Karr as well as other assorted public travesties. And so, when a grand jury under the care and feeding of her office finally got around this week to indicting the two with child abuse for the death early last year of their infant son, Jason, the most serious charge was a Class 2 felony.
Now maybe you think that eight to 24 years, the normal range for a Class 2 conviction, minus “good time” of course, is a punishment fit for the crime. If so, you should read the grand jury’s indictment.
There you will discover that at his death, 10-week-old Jason had more than 20 broken bones “in various stages of healing,” including breaks in his arms, legs, ribs, hands and feet. His skull had been fractured, too, with a “complete loss of gray-white interface involving the cerebrum,” which is as bad as it sounds. And he had “contusions on the right and left temporal lobes of his brain” that were “older than other hemorrhages found in Jason’s brain.”
You will learn, too, from the testimony of an expert at The Children’s Hospital, that while many such injuries are fairly common in serious child abuse because of “abusive squeezing,” “violent shaking” or “twisting or pulling forces applied near the end of a bone,” the “hand and foot fractures are very uncommon, and are likely the result of a direct blow.”
Only one conclusion fits this sickening set of allegations: Jason was not dropped or bumped and thus bruised and broken by accident, or even in a single violent fit of quickly regretted rage. He was roughed up repeatedly, brutally, and without anyone reporting a single incident either to a doctor or a cop.
The only question is, by whom?
The grand jury thinks it knows. It indicted Alex Midyette, among other things, on a charge of knowingly or recklessly causing injury to his son. Molly Midyette was indicted essentially for standing by and failing to act. So why isn’t the father facing a count of first-degree murder, for which bail could easily be denied?
Perhaps only the prosecutors from Lacy’s office who presented evidence to the grand jury know for sure, but here’s what Colorado law says: “When a person knowingly causes the death of a child who has not yet attained 12 years of age and the person committing the offense is one in a position of trust with respect to the child, such person commits the crime of murder in the first degree.”
Former Denver prosecutor Craig Silverman, who’s provided first-rate commentary on this case for KHOW radio’s Caplis & Silverman Show as well as other venues, tells me that “knowingly” in legal parlance does not mean intentionally, let alone after deliberation. It’s a lower standard. Which makes the failure to recommend the more serious charge even more mysterious.
Meanwhile, in Denver, prosecutors waited only four days this week to file first-degree murder charges against a couple who allegedly starved a boy confined to a closet. The final torment of 7-year-old Chandler Grafner must have been indescribable.
But then, so was Jason Midyette’s.
“It saddens me that 20 years after my sister Nicole’s murder, we are still seeing the same crimes, just different names, over and over again.”
- Denise Brown (sister of Nicole Brown Simpson)