SYSTEM FAILED US: Serial Pedophile Sentenced to 300 Years in Prison is RELEASED on a ‘Legal Technicality’ and Will Not Even Have to Register as a Sex Offender

314

DAILY SENTINEL STORY HERE

A man sentenced to more than 300 years for violent sex offenses against children was freed from prison on Tuesday after a court determined his right to a speedy trial had been violated.

The appellate court ruling, which was allowed to stand by the Colorado Supreme Court, found that the trial was delayed beyond Colorado’s speedy-trial requirements.

Michael McFadden, 46, was released from the Arkansas Valley Correctional Facility. There is no requirement that he register as a sex offender.

“We are without remedy,” Mesa County District Attorney Dan Rubinstein said. “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.”

The appellate court found that there was “no question that (McFadden) did not expressly waive” his right to a speedy trial.

The trial was delayed after McFadden’s defense sought to include provisions into the juror questionnaire to aid his attorneys in selecting jurors.

The defense already had twice agreed to waive speedy-trial trial requirements, Rubinstein noted.

“We recognize that ‘but for’ defense counsel’s addition of the language into 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),” said the ruling, written by Judge Jerry N. Jones and concurred with by Judges Craig R. Welling and Dennis Graham. “The prosecutor expressly agreed to the jury questionnaire as drafted by defense counsel, and the trial court accepted it as tendered. The language that the trial court ultimately found to be problematic did not violate any existing authority or order of the court, nor would it have resulted in plain error. Because defendant did not agree to or otherwise occasion a necessary continuance, he cannot be charged with the trial delay.”

Rubinstein emphasized in an email that McFadden’s defense had approved delays.

“I am appalled that our justice system, in which a jury of the defendant’s peers, which the defendant helped choose, unanimously found him guilty beyond a reasonable doubt of sexually offending against six innocent victims, yet the Court of Appeals vacated the convictions after finding that the trial court’s efforts to protect the defendant’s constitutional rights to a fair trial violate an arbitrary statutory right that the defendant had waived on two prior occasions,” Rubinstein said.

Share Your Opinion