CASTLE ROCK - Prosecutors seeking the death penalty against an inmate accused of murdering a Limon corrections officer are now asking a team of medical experts to review the case that put the inmate in prison in the first place.
In 1998, a jury in El Paso County convicted Edward Montour of murdering his 11-week-old daughter. The case was almost exclusively built around medical reviews of Taylor Montour's multiple broken bones.
At the time, a number of people testified the girl's injuries were the result of repeated and intense child abuse.
But according to court documents obtained by 9Wants to Know, Montour's defense team now says it has proof the girl likely suffered from rickets and had very brittle bones as a result.
Calling his conviction "a miscarriage of justice," they are now seeking a judicial review of the case.
The 18th Judicial District Attorney's Office is now seeking the advice from medical experts as it contemplates how to proceed with its current case against Montour.
Four years after the conviction for murdering his daughter, prosecutors say Montour used a piece of heavy kitchen equipment to repeatedly assault corrections officer Eric Autobee.
Montour originally pleaded guilty to the crime shortly after the murder and subsequently asked to be put to death. A judge complied with his wish in 2003, but the sentence was thrown out in 2007 when the Colorado Supreme Court ruled only a jury - and not a judge - could sentence someone to death.
In 2013, Montour withdrew his original guilty plea and then proceeded to plead not guilty by reason of insanity.
Prosecutors with the 18th Judicial District and Montour's defense team are currently in the process of jury selection for the Autobee murder in Castle Rock. Opening statements aren't expected until March. Prosecutors are seeking the death penalty.
Autobee's family has publicly and repeatedly asked prosecutors to drop the death penalty option and plead the case down to life in prison without possibility of parole. In December 2013, Eric Autobee's father met face to face with Montour inside a Douglas County courtroom and told Montour he had forgiven him.
Reached by phone on Monday, District Attorney George Brauchler told 9NEWS his office is seeking the advice of medical experts on the Taylor Montour death as they decide how to move forward in the Montour case.
"If there is new information to consider over a decade after the original case, of course I'm going to consider it," he said.
John Newsome, former District Attorney in El Paso County, told 9NEWS the case against Edward Montour in 1998 was built completely around the medical investigation.
"That was the entire case," he said.
Should the new evidence prove to be true, he said, it would raise considerable doubt on the decision to charge Montour with first-degree murder. He stopped short, however, of saying that he's come to that conclusion.
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