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 ...
Gee maybe some good old red neck justice will prevail
The law will become complicit in his future crimes.
“In Colorado, no child is safe!”
Thank the liberals/Democrats for that!
He was just trying to get bus fare to Florida. If I had known, I would have driven him there - Colorado to Florida. It’s always nicer to have company on those long trips through the middle of nowhere. I prefer the back roads too.
Take him gator hunting. Now what would you use for bait?
Not really. Prosecutors like to leave accused in limbo for as long as possible so they are ready to make a deal. It's standard operating procedure and no one calls them on it. They got caught this time. Not saying that pedo guy doesn't deserve to have his noggin ventilated, but they should put the prosecutor in the clink for 60 days and this nonsense would stop.
They ought to throw the lawyer who manipulated the system by tampering with the jury selection process into the slammer with the creep.
That is a fascinating story. I really have to get the book.
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