Posted on 03/02/2018 7:37:21 PM PST by Simon Green
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.
“We are without remedy,” Dan Rubinstein, Mesa County District Attorney, told 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."
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 trail again.
In February, the state Supreme Court decided not to hear the appeal which effectively allowed the lower court's ruling, reported USA Today.
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."
(Excerpt) Read more at yahoo.com ...
‘They’ are without remedy. In a saner age the citizens’ remedy would be sufficient. So now one or more children will be assaulted and perhaps killed ... If I were the parent of one of his victims, he would never get another sound nights sleep ...
How does this happen? Whoever was representing the state as prosecutor was not paying attention.
Hopefully citizen justice will take care of this monster
Somebody is about to have an “accident”.
Lots of law.
No justice.
I thought hellery lost her license .... !
So many travesties in the Justice dept for pedophiles.
There should be no statutes of limitation on molesting underaged people either. None. Burden of proof remains but no statutes of limitation.
Lucky him, being released the same weekend the remake of, “Deathwish,” premiers in theaters.
Just sayin’...
Beat me to it.
I remember when folks used to say stuff like, “it’s better that 1000 guilty men go free than allow one innocent man to be hanged.”
These days you’ll probably get in hot water for assuming that a convicted sex predator named Michael is a man.
I just hope that it’s him who lives the rest of his life looking over his shoulder in fear and not the victims or other nearby children.
Okay everyone...silent up...the beast needs this individual free, in society, for the final days...any questions???????
With this release and the news coverage, things may not end well for him.
Hopefully judges and prosecutors learned a lesson. They have been entirely too lenient in granting extensions of trial throughout the land. And when it comes to a death penalty the extensions are ridiculous.
Hell has to wait a little longer for this guy. His day will come.
This has been happening for well over fifty years. But we are the bad guys and should give up our guns.
Shoot shovel shutup
If he really is one, he will be back facing charges in the near future.
And that goes for the gruberment functionaries who flipped off the peasants on this one, too...
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.