A convicted pedophile who was sentenced to 300 years for sexually assaulting six children has been freed from Arkansas Valley Correctional Facility in Colorado.
Michael McFadden, 46, was released on Tuesday after the Colorado Court of Appeals decided his right to a speedy trial had been violated. McFadden’s trial, which was scheduled for 2015, was delayed past the statutory requirements and courts ruled that he could not be retried.
McFadden was released from custody and will not have to register as a sex offender because his convictions were vacated.
The Grand Junction Daily Sentinel. "The thing that is so frustrating is that everybody agrees that every decision was made to the benefit of protecting [McFadden's] right to a speedy trial."
Convicted child sex offender, Michael McFadden, who was sentenced to 300 years, was released from a Colorado prison on Tuesday because of a legal technicality. Convicted child sex offender, Michael McFadden, who was sentenced to 300 years, was released from a Colorado prison on Tuesday because of a legal technicality.
After his conviction and sentencing in 2015, McFadden’s lawyer sought to add provisions in the juror questionnaire which delayed the trial. An appeals court held in June 2017 that the delay could not be attributed to McFadden and that his case would not be brought to trial again.
Without this additional language in the jury questionnaire, "the trial would have gone forward as originally scheduled. However, under the unique circumstances of this case, we cannot attribute the delay to [McFadden]," Judge Jerry N. Jones wrote in the ruling.
"The prosecutor expressly agreed to the jury questionnaire as drafted by defense counsel, and the trial court accepted it as tendered," Jones added. "Because defendant did not agree to or otherwise occasion a necessary continuance, he cannot be charged with the trial delay."
David Waites, the prosecutor for the case, said the trial in 2015 was traumatic for the victims, who were predominately young boys.
"[McFadden] befriends people who have young kids and then he gets into a situation where he has access to those kids, and he grooms them pretty heavily," Waite said.
The Daily Sentinel, McFadden would take his victims out for rides on four-wheelers and dirt bikes and then molest them, mostly at night. "[There were] a couple ugly incidents at [Gunnison River] the roller dam," Waite said.According to The Daily Sentinel, McFadden would take his victims out for rides on four-wheelers and dirt bikes and then molest them, mostly at night. "[There were] a couple ugly incidents at [Gunnison River] the roller dam," Waite said.
Not only is Michael McFadden walking away from a centuries-long prison sentence, he won't even have to register as a sex offender.https://t.co/cPlsX02veu
— WTHR.com (@WTHRcom) March 2, 2018
Serial Pedophile With 300 Year Sentence Freed on Technicality, Won't Have to Register as Sex Offende
Discussion in 'Other News' started by Chinatown, Mar 3, 2018.
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Now he's free to run for Congress.
rabbiporkchop, buddyd157 and not4hire Thank this. -
Let's hope for some vigilante justice.
Rubber duck kw, KillingTime, rabbiporkchop and 2 others Thank this. -
Well, maybe next time the state will get off its backside and actually follow the law.
Personally I have a hard time beliving if there was actual evidence that the state would let this happen. Likely just an A.G. that was trying to get relected and had to ponit the finger at someone. Didn't matter whose life is ruined as long as he keeps a job.... -
target practice time.
KillingTime and rabbiporkchop Thank this. -
By the sounds of things it's a matter of his rights being violated, not that his trial and ruling were otherwise questionable.
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i guess so, i worry about the rights of his victims more so than his.AModelCat, drvrtech77, mjd4277 and 1 other person Thank this.
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Some PO'd family member of one of the victims might take this route.
The creeper would be well served to grow eyes on the back of his head. -
Sounds to me like someone needs to be investigating the sexual preferences/perversions of the Colorado appeals court judge/s
buddyd157 Thanks this.
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