Why does Lacy have a problem prosecuting baby killers? The Midyette Case

Discussion in 'Justice for JonBenet Discussion - Public Forum' started by Spade, Sep 7, 2006.

  1. Spade

    Spade Member

    Why does Lacy have a problem prosecuting baby killers? The parents haven't even been interviewed yet. The mother is a lawyer and has lawyered up with Craig Truman (He represented Fleet White in the FTP case). The father is the son of John Ramsey's former Access Graphics landlord and one of the richest people in Boulder. He is lawyered up seperately from his wife.

    DailyCamera

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    URL: http://www.dailycamera.com/bdc/louisville_news/article/0,1713,BDC_2427_4881342,00.html
    Case slow to build in death of baby
    Legal experts: Police need time to do thorough investigation

    By Christine Reid, Camera Staff Writer
    July 30, 2006

    It has been nearly five months since 10-week-old Jason Midyette, suffering from 28 broken bones, died from his injuries.

    It's been a week since the Boulder County coroner ruled his death a homicide.

    And there have been no arrests.

    Police and prosecutors say the investigation is ongoing. And legal experts say such cases can take time.

    Louisville detectives and the Boulder County District Attorney's Office began investigating the case as a criminal act shortly after Jason arrived at Boulder Community Foothills Hospital on Feb. 24. A radiologist reported that Jason's broken bones — including a skull fracture — were "highly suspicious for nonaccidental trauma," according to a police search warrant for the Midyettes' Barbara Street home.

    Jason's parents — Alex Midyette, 26, and Molly Midyette, 27 — have declined to speak to police, and each has retained a different lawyer.

    So can police make an arrest if nobody is talking?

    "It's a bit of a problem, for sure," said Gregg McCrary, a retired crime analyst for the FBI. "You can't just say, 'There are two or three people in the room, and one of them did it, so arrest them.' That's not good enough for court. You have to know who did what and be able to prove it."

    McCrary said, though, that cases involving infants narrow down the focus of possible suspects to the baby's caregivers.


    "Obviously, this puts a focus on the parents," he said.

    The Midyettes' defense attorneys declined to comment for this story but have said the parents did not harm Jason and that he may have been suffering from a weakened bone condition.

    Boulder County Coroner Tom Faure announced Monday that Jason was the victim of a homicide after tests were conducted to rule out a medical malady.

    But a coroner's definition of homicide doesn't mean a crime was committed, said Trip DeMuth, former Boulder County deputy district attorney. To a coroner, homicide means another human's actions caused the death, he said, much different from prosecutorial terms used in charging, such as murder and manslaughter.

    "It is conceivable in some instances a homicide results in no charges filed," DeMuth said.

    Trying to determine if one person is more culpable than another can take some time, DeMuth said.

    "I do think information from the parents can help accelerate that process," he said.

    But speculating why the parents aren't talking is dangerous, DeMuth said.

    "In this country we do have a right to seek advice of counsel, and we do have a right to remain silent and not have that silence used against us in a court of law," he said. "There's a danger to jumping to conclusions. ... We saw that in the Ramsey case."

    Louisville police Cmdr. Bill Kingston, in addressing any critics of his department's investigation, simply said: "Judge us in a year or two years."

    The detective division in Louisville has searched the family's home, computers and cell-phone records, court records show. Kingston said he wouldn't comment on what investigators are doing now and has declined to name any suspects.

    "One of the things people need to remember is making an arrest starts the clock on speedy trial, and that creates time pressures to complete an investigation or gather evidence within a certain time," Kingston said. "Most police agencies, if they have the opportunity, would prefer to gather the information and process that information before making an arrest or charging decision."

    Kingston said the public wants to see swift action in the case, but that doesn't drive his department's arrest decisions.

    The last suspicious death investigated in the city of about 19,000 was in 2001, when a newborn girl was found dead and abandoned in a shipping box behind the Safeway on South Boulder Road. Police were never able to figure out the identity of the girl — named Baby Mary Louise by a group of strangers who organized a memorial service and burial for her. The baby was born alive, investigators reported, but the Coroner's Office listed her cause and manner of death as "undetermined."

    The last confirmed homicide in Louisville was in 1994, when Cynthia Lanham fatally stabbed her husband after years of sexual abuse, according to Daily Camera records. She was convicted and sentenced to three years' probation.

    Kingston said each case is different, and investigators have to work with what they have.

    "You play the hand you're dealt," he said. "The idea is if you play it correctly, justice gets done."

    Karen Steinhauser, a professor at the University of Denver law school, said investigators can do their job even if witnesses aren't talking. They can rely heavily on medical reports, doctors, nurses, neighbors and others who know the family.

    "These kinds of cases, particularly if someone isn't confessing, take time," she said. "It's like a puzzle, really. There's so many pieces that you need to put together to try and figure out who and what caused these injuries."

    And if "everyone on the face of the Earth" declines to talk to police, there is always the grand-jury system, Steinhauser said.

    "My feeling is just because an arrest hasn't been made doesn't mean people are getting away with it," she said. "It's a horrible crime when a child dies ... and it's important, then, that the police are thorough, that the investigation is done right and carefully, and in the end there is justice for this little baby."

    Jason's paternal grandfather is architect and businessman J Nold Midyette, who designed Boulder's main public library.

    Contact Camera Staff Writer Christine Reid at (303) 473-1355 or reidc@dailycamera.com.

    Copyright 2006, DailyCamera. All Rights Reserved.
     
  2. They should ban childbearing in Boulder... sheesh.
     
  3. MlazyV

    MlazyV Banned for Stupidity

    I hope they check the diaper for foreign DNA. It was probably loaded with the same crap as JonBenet's panties.
     
  4. LurkerXIV

    LurkerXIV Moderator

    Baby Murder

    28 broken bones and a skull fracture in an infant...

    That may not be a homicide...Right, Trip, you bloomin' idiot!!
     
  5. 1000 Sparks

    1000 Sparks Active Member

    oh sure

    I've heard of the bone disease where a child will break a bone over practically nothing...leg or arm or finger, etc.

    But never 28 bones AND a skull fracture.

    A baby that young has soft bones and not that easily broken.

    So, who else was in the house? babysitter? nanny? daycare?

    Autopsy done. What "takes some time"?

    Why'd they lawyer up?

    I can't believe this !
     
  6. Cherokee

    Cherokee FFJ Senior Member

    There's an explanation for all this ...

    Lou Smit has probably already interviewed the Midyettes, decided they were Christians, and made them swear to God they didn't do it. So they aren't guilty.

    Earth mother "all you need is love," Mary Lacy, has decided that parents couldn't POSSIBLY harm their own child. So they aren't guilty.

    The Midyettes have some good connections in Boulder ... Jason's grandpa was a well-known architect and designed Boulder's main library. So they aren't guilty.

    A FORMER deputy district attorney [why are they even talking to a FORMER deputy DA about the case?], Trip DeMuth, says that even though the baby had 28 broken bones and a skull fracture, it doesn't qualify as a homicide. Why prosecute the Midyettes for an "accident" (by Boulder's definition)? So they aren't guilty.

    The parents aren't talking to explain what really happened, so we don't want to traumatize them further and act like they should cooperate and tell the truth. After all, Boulder is about peace and love for EVERYONE. We are tolerance personified. So they aren't guilty.

    As the article says, these things "take time." To cover up. To die down. To sweep under the huge Boulder rug that blankets the city. Just let it go. Be one with the universe. But lawyer up first. It's the Boulder way.
     
    Last edited: Sep 7, 2006
  7. Spade

    Spade Member

    MlazyV

    "hope they check the diaper for foreign DNA. It was probably loaded with the same crap as JonBenet's panties."

    Do you think they found a fiber from John Ramsey's black shirt in Jason's diaper?
     
  8. koldkase

    koldkase FFJ Senior Member

    OH, good god.

    I hope one day before I die, our government will have a U.S. Attorney General who actually has time to notice that Colorado lawyers were absent from law school the day they taught LAW.

    Well, another kid bites the dust. Guess 28 broken bones is NO HISTORY when you're rich and have all the lawyers you need in Colorado.

    You gotta' hand it to DeMuth. That man is so clueless, he must have been hit in the head one time too many by a golf ball. It's a homicide...but that doesn't mean someone is responsible for the murder. No. Especially not if they are RICH and have lots of LAWYERS. They have EVERY RIGHT to refuse to answer questions when their little baby is lying in a morgue! Of course, THE RAMSEYS WROTE THIS MANUAL.

    HOW TO MURDER YOUR CHILD AND GET AWAY WITH IT.
     
  9. wombat

    wombat Member

    After reading things like this I am reminded of Mary LacyTracey's statement at her second press conference - "I'm not an expert on criminal procedure."

    Was this her campaign slogan that got her elected to the office of DISTRICT ATTORNEY?

    What Boulder wants' Boulder gets, I guess.

    :moron:
     
  10. koldkase

    koldkase FFJ Senior Member

    hahaha Now that is funny.

    In fact, that deserves a SIGNATURE, doncha' think, wombat?

    "I'm not an expert on criminal procedure." Mary Lacy
     
  11. Elle

    Elle Member

    Oh this is heart breaking, Spade. Whatever could have gone wrong in this house with a helpless little baby? Maybe it was not wanted in the first place (?).
    Sounds once more like rage was the cause here.
     
  12. Elle

    Elle Member

    Quote:
    <TABLE cellSpacing=0 cellPadding=6 width="100%" border=0><TBODY><TR><TD class=alt2 style="BORDER-RIGHT: 1px inset; BORDER-TOP: 1px inset; BORDER-LEFT: 1px inset; BORDER-BOTTOM: 1px inset">Originally Posted by wombat
    After reading things like this I am reminded of Mary LacyTracey's statement at her second press conference - "I'm not an expert on criminal procedure."

    Was this her campaign slogan that got her elected to the office of DISTRICT ATTORNEY?

    What Boulder wants' Boulder gets, I guess.

    :moron:

    </TD></TR></TBODY></TABLE>

    The what the hell is Lacy doing in this position? Show her the door!
     
  13. Show Me

    Show Me FFJ Senior Member

    Geeeezzzzz if you want to commit murder do it in Boulder, especially a child murder.

    If the baby had a condition that makes the bones brittle the baby's doctor know it.

    28 broken bones and a skull fracture appears to be abuse that resulted in the baby's death.

    Parents won't talk, different lawyers...... never gonna be charged....cause heck Lacy doesn't understand criminal procedures, nor search and seizure...
     
  14. koldkase

    koldkase FFJ Senior Member


    I don't think this sounds like rage. It sounds like sadism, IMO. Lots of children who are abused suffer at the hands of larger children or adults who just enjoy hurting those who are vulnerable to them. We see that so many times, where the smaller victim gets tortured by the adult just because they're helpless and the adult likes the power of inflicting torment on the victim, whether they ever admit it or not.

    Look at that monster Joel Steinwhatshisface that Darnay loves so much. He simply enjoyed torturing his wife and their child victims. Joel and Hedda should both be put down like the dogs they are, IMO. What they did to those children...and both of those sick monsters are walking around today without a care in the world.

    How can this happen? How can we ever criticize any other country when we allow such torture and murder of children with impunity here?
     
  15. Cherokee

    Cherokee FFJ Senior Member

    Okay, I'm claiming that one for my signature. It really says it all about Boulder. They elect a DA who states FOR THE RECORD that she's "not an expert on criminal procedure." Then what the samhill is she doing as a DA?

    Well, I guess if you're a town that lets baby and child murderers go free ... YOU DON'T NEED A DA WHO'S AN EXPERT ON CRIMINAL PROCEDURE!!!
     
    Last edited: Sep 8, 2006
  16. wombat

    wombat Member

    Hmmmm.. you remind me.. Hedda had an art show of her photographs as part of her "recovery" - kinda like a painter.

    They had simlar topics, bunnies and doggies etc.

    Hedda was a victim, my dear KK. It was the crack. the pot. joel's abuse. her self esteem. 70s love ins. Not her fault. WALKED.

    This was the case that first got me "into" true crime. I could not believe the witch got off.
     
  17. sandraladeda

    sandraladeda Member

    Sorry I have to ask this question, what can I say, I'm blonde....but how can a 10 week old baby get 28 broken bones and a skull fracture and it not be a homicide?

    They accidentally drove over him 3 times with their golf cart? They accidentally dropped a refrigerator on him?

    A 10 week old can't even roll over on his own!!!! :curses: :rage:
     
  18. koldkase

    koldkase FFJ Senior Member

    It's Boulder. No money, no influence...no murder.

    Children don't have bank accounts.
     
  19. tylin

    tylin Banned

    Excuse me, but wtf? is wrong with LE in Boulder? Why are children's murders swept under the rug? A 10 week old baby didn't just 'get' 28 broken bones. :burnedup: :censored: :banghead: :steamed:
     
  20. tylin

    tylin Banned


    "It is conceivable in some instances a homicide results in no charges filed," DeMuth said.

    Well there ya go folks. :unreal: :unreal: :burnedup:
     
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