BOULDER, Colo. (CBS4) – A mother in Boulder County took the stand Tuesday as she fights for a new trial.

Molly and Alex Midyette are both serving 16-year sentences for the death of their infant son, Jason. They were convicted in separate trials in 2007.

Molly Midyette’s appeal would set a precedent if she wins. She is arguing that she was incompetent to assist in her defense because of battered woman syndrome. It’s an argument Colorado courts have never previously addressed. It has been upheld in the Massachusetts Supreme Court. Her attorneys hope that will sway the judge.

On Tuesday the prosecution went through Molly Midyette’s original testimony, in some cases line by line, hoping to discredit her.

Molly Midyette cried when she took the stand and was presented with pictures of her with her son in the hospital after her son was born. She also shed tears when she described to the defense an abusive and dysfunctional relationship with Alex Midyette.

She described a controlling husband who belittled her.

“I was trying to be the best parent. He kept putting me down. He told me I was a horrible parent,” she said in court.

After the death of her son she described an episode where Alex Midyette threatened to kill her.

The testimony played into the defenses theory that Molly Midyette was a victim of battered woman syndrome.

The prosecution avoided any questions about her relationship with Alex Midyette. Instead they went over her original testimony hoping to show discrepancies in her statements during the trial.

The hearing is scheduled to continue on Nov. 14 with testimony from the doctor who first wrote about battered woman syndrome.


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