The Misery Machine - The Case of Jason Midyette

Starting point is 00:00:00 The town of Louisville, Colorado is a former mining community located in southeastern Boulder County. The town got its name from Louis Nowatney, a local landowner who mapped out the land and named it for himself in 1877. Unlike the city with the same name in Kentucky, locals pronounce the S in this Colorado town name. Louisville's historic downtown district was home to a summer concert venue for local bands and street vendors. An ice rink was built each winter for citizens to enjoy. This quaint small town was home to the Mid Yats and the Bowers, two well-known families within this community. Molly Irene Bowers was born on September 23rd, 1978 to parents Dan and Jane Bowers.

Starting point is 00:00:46 Molly was petite standing only five foot one inch tall with dark brown hair and porcelain skin. She graduated from Boulder High School and began attending Front Range Community College and then the University of Colorado. Molly went on to obtain a law degree from Michigan State University and then later pursued an advanced degree in international law at John Marshall Law School in Chicago. She did not complete this degree, however, because when she went home to visit one summer, she met and fell in love with Alex Midgett. Alexander J. Midgett was born on June 13, 1979, to his parents Jay Nold and K. Midgett. Jane Old Midgett was a wealthy architect and Boulder real estate mogul. Alex was a bear of a man standing at six foot four inches tall with dirty blonde hair.

Starting point is 00:01:31 He attended military school, followed by a couple of years at Quest Academy in elite private school in Boulder, Colorado. Alex worked for his father's company, Mid-Yat architecture and Pearl Street Mall properties doing odd jobs and property maintenance. In his free time, Alex enjoyed playing golf and partying with his friends. Alex and Molly had been on the same summer swim team as kids and had mutual friends. They didn't get to really know each other. until a chance meeting at a bar in Boulder in 2004 where they immediately hit it off.

Starting point is 00:02:01 Alex confessed that he had a crush on Molly since high school, and the two shared similar interests in the TV shows Family Guy in South Park. Molly left Chicago and John Marshall Law School to move home to the Boulder area in late 2004 to start a relationship with Alex. She moved in with Alex in February of 2005. Soon after, the couple got engaged when they found out that Molly was pregnant. Molly later said that Alex's demeanor changed after they moved in together. When he got angry, he would scream and call her names, kick doors and throw things.

Starting point is 00:02:35 The day after Alex threatened to hit Molly so hard he would knock her out was the day that she found out she was pregnant. When Molly told Alex about the pregnancy, he kicked a trash can in her direction and said he wished he had hit her in the stomach. Despite the tension between the couple, Alex and Molly married in the summer of 2005 on the grounds of the Midgette home. The officiant dropped out at the last minute and Alex's father conducted the ceremony. Molly was diagnosed with preeclampsia during her pregnancy and gained a lot of weight. She was emotionally and physically drained by the time she was set to give birth.

Starting point is 00:03:13 Jason J. Midget was born on December 17th, 2005 at Boulder Community Hospital foothills and nearby Boulder, Colorado. Jason was an only child born to his parents, Alex and Molly by C-Secretel. at the gestational age of 36 weeks and one day. Jason stayed in the hospital for monitoring because nurses noticed that he was failing to thrive as a normal newborn. By Christmas Eve 2005, Jason was a healthy newborn and was released from the hospital to live with his parents at 102 Barber Street in Louisville, along with their family dog, a Labrador named Pancho.

Starting point is 00:03:46 Jason went to four well-baby exams with both of his parents to the family's general practitioner, Dr. Jill Sigfried. The first exam was three days after Jason. Jason's release from the hospital, and he had already gained nearly a pound from his birth weight. Tuesday, January 3rd, 2006, Jason had a doctor's appointment at 4.30 p.m. for his circumcision. No concerns were voiced by Molly or Alex to Dr. Siegfried. During the second exam, Dr. Siegfried noticed that Jason was struggling to gain more weight. A feeding program was suggested, and Jason began to flourish.

Starting point is 00:04:17 Alex and Molly assured Dr. Sigfrey that Jason was doing well at home, with his gassiness being their only concern. Once Jason was two months old, Dr. Siegfried noted that he was a healthy infant for his age and with no further concerns from his parents, Jason was given his scheduled vaccinations. On February 21st, 2006, Molly had a postpartum medical appointment with Dr. Siegfried that she attended alone while Alex took care of Jason. At that visit, Molly told Dr. Sigfried that Jason was doing well and that the new parents had not had any major questions come up. Jason's parents stayed home to take care of him until early February 2006.

Starting point is 00:04:56 When the parents returned to work at the Mid Yet family business, Molly worked three days a week and Alex would work two days a week, alternating so that one of them would always be there to take care of Jason. Alex worked Tuesday and Wednesday and Molly worked Monday, Thursday, and Friday. Alex and Molly exclusively cared for Jason, with the exception of one occasion when Jason was left in the care of Alex's parents for, several hours on the evening of February 19th, 2006, while Molly and Alex enjoyed a night out alone. On the night of February 23rd, 2006, the parents agreed that Alex would get up for Jason's feedings because Molly had to work the following day. Jason woke up at 2 a.m. and 5 a.m. on February 24th and fed normally. After the 5 a.m. feeding, Alex and Jason fell asleep together on the couch. Alex and Jason next woke up at 7 a.m. and Alex changed Jason's diaper. During the

Starting point is 00:05:50 the diaper change, Jason had a crying spell, appeared to hold his breath, made funny noises, and stiffened up. Alex called Molly into the room so that she could see how Jason was acting. She felt that Jason was stable, so Molly left for work. Molly arrived at work between 9 to 9.30 a.m. During that morning, while in a conversation with two coworkers, Molly said she was worried that Jason was not doing well and told them about his various symptoms. Molly said Jason would clench his fists when he woke up, tightened his body, shook his fists, had breathing problems, and crunched up his face while his eyes were squeezed together. Molly told her coworkers that she couldn't figure out what was wrong with Jason and that she wished she could. Co-workers said Molly was really upset, concerned and worried when she was talking about Jason's symptoms of them.

Starting point is 00:06:38 Molly used the term seizure to describe Jason's behavior to her coworkers. Molly also said that as soon as she got off work, she was planning to take Jason to the doctor. He was trying to get an appointment for him to go to the doctor that afternoon because of her concerns. Co-worker also overheard Molly discussing her concerns about Jason with Jay Nold Midgett, who is Alex's father. Jay Nold told Molly that they should change doctors and get a second opinion. Now back at home, Alex put Jason down for a nap and Jason woke up around 11 a.m. Alex tried to feed Jason, but he would not eat. Alex gave Jason a bath instead. During the bath, Jason tensed and released his body. Both arms went up into the air and went straight and stiff, and his back was very arched. Alex described Jason as almost standing up. After the bath, Alex laid Jason down and could hear him moaning on the baby monitor.

Starting point is 00:07:30 Alex called Molly at work at approximately 1137 a.m. to tell her how Jason was doing. Molly left work and got home around noon. She called Dr. Siegfried's office at 12.30 p.m., leaving a.m., leaving a.m. a message with the receptionist that Jason was out of it, lethargic, stiffening his arms and legs, moaning and just not feeling well. After checking with Dr. Sigfried, a member of the office staff called Molly back at 1252 p.m. and told her that if she thought Jason needed immediate medical attention, she should consider taking Jason to urgent care or the emergency room. Molly seemed to be calm and stated that, we really want to see Dr. Sigfried. A double-booked appointment was made for 3.30 p.m. that afternoon, which was the earliest time available. While waiting for the

Starting point is 00:08:18 appointment, both Molly and Alex stayed home and could hear Jason continuing to moan. Despite the mysterious symptoms that Jason was having, Alex made plans with friends to go golfing that afternoon and told Molly he would be leaving for the golf course when Jason's appointment finished. The new parents expected Jason's appointment to be a simple routine sick visit. Molly and Alex went to Dr. Siegfried's office at 3.30 p.m. And LPN saw that Jason was limp with his eyes half open and not moving. The LPN said that when Jason was moved, it looked like he was going to cry and he would moan and fall asleep. Nurse said she had never seen a baby like that before and immediately called Dr. Sigfried to the room. Dr. Sigfried saw Jason and pointed out that he had a bulging fontenelle, which is the

Starting point is 00:09:06 soft spot on the baby's head. Jason was also gray, limp, and lethargic. Jason's congeant. Jason's condition scared her, and she immediately called another doctor in the office to come look at him. Dr. Siegfried's medical records state the chief complaints and concerns on February 24, 2006 at 3.32 p.m. included Jason, not waking up or eating, baby being limp and lethargic, won't track movement. The records also state that this happened after he had a diaper change, and he held his breath until he passed out. Fine yesterday. Not eating normally today. only groaning. Dr. Sigfried told Alex and Molly to take Jason to Boulder Community Hospital foothills because he was too sick to be treated in her office.

Starting point is 00:09:51 Alex and Molly drove Jason to Boulder Community Hospital foothills just before 4 p.m. Dr. David Jones, the emergency room doctor, immediately contacted Dr. Stephen Fry's, a pediatrician to help with Jason's care. The doctors noted that Jason was rigid and unresponsive, with his right pupil fixed and dilated, which indicated a brain injury. CT scan was ordered and the results showed a skull fracture, mixed chronic and acute subdural hematomas, and a complete loss of gray-white interface involving the cerebrum. X-rays taken revealed a number of fractures in various stages of healing. These fractures included the left parietal skull, right clavicle, left forearm,

Starting point is 00:10:32 corner fractures of both femurs, and fractures on both ends of the left tibia. Jason had a total of 30 broken bones. in his body in various stages of healing, meaning they likely happened at different times. Boulder Community Hospital Footheld's nurse Susan Spielman asked the parents if Jason had been dropped, fallen, fell off a changing table, or if he had hit his head on something. The parents said that nothing like that had happened and nobody had dropped it. Those were their words. They added, the baby was fine 12 hours ago and got progressively worse.

Starting point is 00:11:08 Nurse Spielman heard Molly make the comment, I knew I shouldn't have gone to work today. Similarly, radiologist technician Tina Gerhardt heard Molly say, I knew I shouldn't have went back to work. The doctor also overheard Molly muttering, I should have never gone back to work. BCH radiologist technician Chrissy Rouse heard one of the parents state that the child had been vomiting

Starting point is 00:11:32 for the past two nights, that he was not acting like himself that day. The doctor told Molly, and Alex about Jason's condition, including the fractures. Alex became angry and repeatedly stated there were no bruises on Jason's body. Old sets of grandparents arrived at the hospital. Jane Old Midget asked Molly if she had harmed Jason, which he denied. Midget family lawyer, Paul McCormick, who would also work with the Bauer's family before showed up to the hospital. The lawyer also asked Molly if she had done something to Jason and instructed them both to not talk with police

Starting point is 00:12:06 if they were asked any questions. Jason was transported by Flight for Life Ground Ambulance to Children's Hospital. Alex and Molly were not allowed to ride in the ambulance with Jason because they were now under suspicion. At Children's Hospital on February 24th, Molly told Dr. Antonia Kiesa

Starting point is 00:12:22 that Jason's left arm did not move very well. X-rays revealed additional fractures that were in various stages of healing. These additional fractures included numerous rib fractures, fractures to the hands and feet, and additional arm and leg corner fracture. that they did not find before. CT scans performed at Children's showed that Jason's brain injuries were getting worse and that portions of his brain were already dead. Jason's brain injury

Starting point is 00:12:47 progressively worsened over the next several days. During the course of Jason's treatment, Molly and Alex made various statements at Children's Hospital denying that Jason had been dropped or had fallen. Parents said that Jason had been fined the evening of February 23, 2006. The following day, February 25, 2006, both parents told Stephanie Straunks, who is the Children's Hospital Social Worker, that Jason always had a limp left arm and it just hung there. She remembers them saying that they affectionately called Jason something like limp arm or lefty. Molly and Alex told Dr. Megan Norton at Children's Hospital and DSS Social Worker Tammy B that Jason had vomited three times since Tuesday, February 21st.

Starting point is 00:13:33 and also had screamed so long he had lost his breath, appeared to stiffen, and had been doing some twitching, tensing, and releasing of his body since that day. On February 27, 2006, J.M. Stanley West Watt was appointed as Jason's guardian ad litem. From February 27th through March 3rd, Ms. Wes Watt learned from Jason's family

Starting point is 00:13:56 that there were times that he cried a lot and that he had some breathing difficulties and was crying more than normal and needed comforting, and that his crying was becoming more difficult to soothe. The withdrawal of Jason's life support began on March 1st. Sadly, Little Jason passed away on March 3, 2006, at only 76 days old. Dr. John Meyer, a forensic pathologist associated with the Boulder County Coroner's Office, performed an autopsy on Jason's body on March 4, 2006.

Starting point is 00:14:29 The Boulder County Corner's office ruled Jason Midget's death a homicide. Dr. Meyer determined that the cause of death for this 10-week-old infant was blunt force cranial cerebral injuries. Dr. Meyer sent his brain for neuropathological examination to Dr. Ross Reichard. He's director of neuropathology at the University of New Mexico Hospital, as well as assistant professor of pathology at the University of New Mexico School of Medicine. In his report, Dr. Reichard noted that neuropathological examination revealed evidence of traumatic injuries of varying ages.

Starting point is 00:15:04 Dr. Reichard determined that Jason had contusions on the right and left temporal lobes of his brain. These contusions were older than other hemorrhages found on Jason's brain. He was also able to confirm a number of the fractures previously identified by both Boulder Community Hospital foothills and Children's Hospital. During the course of the autopsy, Dr. Meyer identified three previously undetected fractures located in the right hand, foot, and rib. Dr. Thomas Hay, pediatric radiologist, reviewed CT scans and skeletal surveys from Boulder Community Hospital Foothills and Children's Hospital.

Starting point is 00:15:39 Dr. Hay noticed that the oldest fractures were to the right clavicle and the left forearm. Dr. Hay said the skull fracture was acute, showed no signs of healing, and said that these fractures in infants are caused by an impact. Dr. Hay added that the rib fractures would have a known mechanism of injury and are commonly caused by squeezing. Corner or bucket handle fractures, which were observed on the long bones of Jason's arms and legs are caused by twisting or pulling forces applied near the ends of a bone or from violent shaking. Dr. Hay said the hand and foot fractures are very uncommon and are likely the result of a direct blow. Sarah Vernet was friends with Alex and Malian, had known them for about 13 years.

Starting point is 00:16:23 In early to mid-January 2006, Sarah said she saw a dime-sized, bruise in the area of Jason's forehead. Sarah asked Alex about the bruise and he said he felt bad because he had been walking, slipped, and bumped Jason's head into a wooden dining room chair. Alex said the incident happened that day a couple hours before Sarah came to visit. Molly wasn't home on the day this happened and Sarah later told Molly about the bruise. Dancer Vernet, who is Sarah's sister, visited Molly and Alex at their house during the first week of January 2006. This was the only time she saw Jason.

Starting point is 00:17:00 Dancer remembered a five-second incident where Jason, while awake, turned red like he was going to the bathroom. He also clenched his fists. Molly told Dancer she didn't know why Jason was doing this, but that he did that sometimes. On February 24, 2006, at 12.57 p.m., Sarah talked to Molly on the phone before going to Jason's doctor's appointment. During the conversation, Molly told Sarah that Jason was really sick and something was wrong with him. Molly said Jason was lethargic and making weird sounds. Molly explained, something is wrong with him. I've never seen him like this and something is different with him.

Starting point is 00:17:40 Sarah said that Molly was concerned and very scared. Sarah could hear Alex in the background telling Molly to ask her where he could find weed to buy. Josh Logan had been a friend of Alex's for three years. In early to mid-January 2006, Josh saw a bruise on Jason's temple. The bruise was between the eye and the ear, and was a typical bruise color about the size of a nickel. Josh said that right when he entered the house, Alex told him about the bruise before Josh even saw Jason. Josh said that Alex acted very nervous when he told him that he had been carrying Jason in the kitchen when the phone rang. Alex said that when he turned to get the phone, he bumped Jason's head into the kitchen chair and caused the bruise.

Starting point is 00:18:24 Alex said this happened a couple of days earlier. The bruise lasted about a week. In late January or early February of 2006, Molly showed her mother, Jane Bowers, a very light colored bruise that was on Jason's forehead by his eyebrow. Molly told Jane that the bruise happened while Alex was holding Jason and he bent down to pick something off the floor in the dining room and bumped Jason's head on a chair when he stood up. Molly told her mother that she wasn't home when this happened and that she was told that Jason did not cry, but his eyes just popped open. Molly told her mother there was something wrong with Jason's arm and said it sort of floated. Molly told Jane that she and Alex talked to the doctor about it and showed her Jason's arm. He said the doctor examined his

Starting point is 00:19:11 arm and referred to it as his gimpy arm. Dr. Siegfried said that Molly or Alex never told her about a problem with Jason's arm. Jason's medical records don't show any mention of this concern. Josh Logan remembered several conversations before February 24th, 2006, where Alex and Molly talked about Jason flexing his muscles and described his arms and legs as being tense for a second. Josh talked to Alex on the phone several times on February 24th, 2006. Josh said that he could hear Jason crying in the background.

Starting point is 00:19:44 Alex said that Jason was sick and didn't seem right, and were taking him to the doctor because he was a bit lethargic and not wanting to eat. Kay Midgett, who is Alex's mother, said that in early February, Alex called her and told her while he was reaching for a cell phone, he bumped Jason's head on the edge of a table. Kay saw the bruise and described it as being in the middle of Jason's forehead. It was the size of her little finger and smaller than a dime. The bruise was light yellowish in color and she thought that it lasted a couple of days. Jason also called his mother and told her about bleeding in Jason's gums.

Starting point is 00:20:20 Molly later told Kay about a second bleed from the gums she saw when giving Jason a pacifier. The area of the bleed was described as the front center area of the upper gums. Alex and Molly told Kay they had talked to the doctor and the gum injury had been examined using a metal probe. The doctor told them it was not a problem because it did not go all the way through. Dr. Siegfried said that at no point was the problem of a gum bleed brought up by Molly or Alex. and that she had never used a metal probe to examine any infant's gums. At the time of autopsy, Dr. Meyer noted that Jason's frenulum was not normal and explained that it was not present or was just a small stub.

Starting point is 00:20:58 Dr. Meyer explained that the frenulum is a small fold of tissue centered inside the upper lip that connects the upper lip to the gums. The frenulum is examined in infant deaths because it is sometimes torn in CA cases. On St. Patrick's Day 2007, while waiting on Grand Jury proceedings, Molly, Alex, and some friends went to Denver to see the parade. Alex said that he needed to see a friend about getting some Coke. While Alex was away with his friend, another friend told Molly that Alex never stopped using coke while she was pregnant like she thought, and that Alex had continued to use it when he was at home taking care of Jason alone. Molly had her friends

Starting point is 00:21:36 take her back home, and she had told them that Alex had always been violent to her, and she had even thought he may have had something to do with Jason's death. Molly packed a bag and went to her parents' house. She told her parents about her suspicions of Alex and also called her attorney to let him know her concerns. Her attorney told her to relax and to spend a little time with her parents before bringing her concerns to the grand jury. Feeling guilty for suspecting her husband, Molly went back to Alex after a few days apart. Alex was more violent and threatening toward Molly after she came back home.

Starting point is 00:22:12 On May 8, 2007, Molly and Alex were both arrested at 4.30 p.m. after the couple turned themselves into authorities. The couple faced several charges, included knowingly or recklessly causing the injuries that resulted in Jason Midget's death. And Molly had knowingly or recklessly permitted Jason Midgett to be unreasonably placed in a situation that posed a threat of injury to the life or health of him that resulted in his death, as well as knowingly or recklessly engaging in a continued pattern of conduct that resulted in malnourishment, lack of proper care, cruel punishment, mistreatment, or an accumulation of injuries to Jason Midgett that resulted in his death. And the actions and inaction of the defendants on February

Starting point is 00:22:56 24, 2006, which culminated in the omission of Jason to Children's Hospital, its placement on life support, and his eventual death of March 3, 2006. During the trial, it was stated that Alec allegedly kicked Molly in the stomach while she was pregnant with Jason. This accusation was permitted at trial because it showed a pattern of violence between husband and wife and possible in utero violence against the baby. Alex was also accused of using Coke just hours before bringing Jason to the hospital. Prosecutors said that this is critical evidence because it speaks to Alex's inability to interact with his son.

Starting point is 00:23:34 Prosecutors had three witnesses that could attest to Alex partying with them and using Coke the night before Alex was on solo child care duty. Alex had also allegedly spent time on the internet searching hardcore pornography sites while Jason's condition was worsening. The prosecutor, Ken Kupfner, said, the testimony is that this is a child who was seizing and stopped breathing at 7 a.m. At roughly 10.30 a.m. Mr. Midget'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. Molly Midgett was charged with CA resulting in death and two other charges relating to Jason's death. Her bond was set at $500,000.

Starting point is 00:24:15 Alex was charged with CA resulting in death and three other charges relating to Jason's death. His bond was set at $750,000. Molly would not accuse Alex of hurting Jason during the trial. Her suspicions of Alex's guilt didn't change, but she kept silent because she said that she was afraid of what the Midgett family would do to her or her family if she blamed Alex of harming Jason. Molly was convicted in 2007 for reckless CA resulting in the death of Jason. The guilty verdict was read, Alex stood and shouted obscenities as Molly was taken away in handcuffs. He was sentenced to 16 years in prison in connection with Jason's death and was sent to the La Vista Women's Correctional Facility in Pueblo, Colorado. In February of 2009, Alex was convicted of criminally negligent CA.

Starting point is 00:25:02 Alex was free on bond waiting to be sentenced in Jason's death. He was arrested for violating his probation. He was charged with violating a probation order that kept him from any contact with children under the age of 18. Alex's new girlfriend ran a home daycare, and he was turned into police by the girlfriend's ex-husband. For his arrest, officers said that Alex would play video games, ride motorcycles, and watch TV with his girlfriend's children. Alex's new bond was set for $10 million. Alex was ultimately sentenced to just 16 years in prison for Jason's death and was sent to Fort Lyon, correctional facility in southeast Colorado. Molly was transferred to a halfway house in 2012,

Starting point is 00:25:43 two years before she was eligible for parole. The Boulder County Community Corrections Board said that she had been a model prisoner. Molly would be able to work, pay rent, and have the taste of freedom during daylight hours. In 2014, Molly was paroled and was able to live at home in Boulder with an ankle monitor. After serving five, just five of his 16-year sentence, Alex was moved to a halfway house in Logan Mont, Colorado. As of May 1st, 2009, the family practitioners practice at the Boulder Medical Center would no longer be offering obstetrics care as the obstetrics unit would no longer be backing them up. A spokesperson for the facility said the decision had nothing to do with a Jason Midgett case,

Starting point is 00:26:28 but locals agreed that the health facility didn't want to be involved with another horrendous case like this one. Jason J. Midgett was cremated and his ashes were interred at the Mountain View Memorial Park in Boulder, Colorado. The Midiet family held a private memorial service at their home. The faceplate of his columbarium niche bears the inscription, Jason J. Midiet, March 3, 2006, beloved son and grandson.

The Misery Machine - The Case of Jason Midyette

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