BOULDER, Colo. (AP) – A mom convicted of child abuse in the death of her 10-week-old son is asking a judge to recuse herself from a hearing on a new trial.

The Boulder Daily Camera reports attorneys for Molly Midyette say Boulder District Judge Lael Montgomery shouldn’t hear the case because she worked with Midyette’s defense attorney during laws school. Defense attorney Paul McCormick represented Midyette at her trial in 2007.

Midyette is seeking a new trial alleging that she was intimidated by her husband, Alex, and his father, Boulder developer J. Nold Midyette, into not revealing her suspicions about her husband in baby Jason’s death. Both have denied the allegations.

Midyette is serving a 16 year prison sentence for her conviction on a child abuse resulting in death charge.

(Copyright 2011 by The Associated Press.  All Rights Reserved.)


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