BOULDER, Colo. (CBS4)- A Boulder woman who was convicted in the death of her son will soon leave prison for a halfway house.
Molly Bowers Midyette lost her bid for a retrial nearly a year ago. She is serving a 16-year sentence in connection with the child abuse death of her 10-week-old son, Jason.
She will be transferred to a halfway house two years before her eligibility for parole.
The Boulder County Community Corrections Board agreed that Midyette, now using her maiden name Bowers, should be allowed to transfer to a Boulder County halfway house. Part of the reasoning is that she has been a model prisoner.
Boulder District Attorney Stan Garnett gave his blessing to the decision.
“My office was asked for our position and we felt it was an appropriate step for her to transition back into society at the end of her sentence,” said Garnett.
Bowers, along with her now ex-husband Alex, were both convicted in the 2006 death of their 10-month-old son. Alex was also sentenced to 16 years in prison.
Prosecutors said Bowers knew her husband was abusing their son but failed to get help.
Bowers will be eligible for parole in 2014 but until then she will be able to work, pay rent and have the taste of freedom during daylight hours.
“We call it a halfway house, that really is what it is. You’re in custody but not completely in custody,” said Garnett.
Bower’s attorney told CBS4 that she has received glowing reports in prison and became a mentor for other female inmates.
Garnett said it is important to give prisoners an incentive to behave and help those like Midyette ease back into society.
“I’m confident from looking at the case pretty closely that the legal system did a good job of balancing the different competing considerations in a very sad and tragic situation and reached a just conclusion,” said Garnett.
Bowers will be eligible to move from the La Vista Corerectional Facility in Pueblo to an assigned halfway house sometime after December 13.
Bowers asked for a new trial last year based on “battered woman syndrome” but was denied.