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Topic	Convicted child molestor freed from 300 year sentence on a technicality.
BlueTigerLion 05/20/18 9:32:29 PM #1:	https://www.gjsentinel.com/news/western_colorado/da-appalled-at-ruling-that-frees-man/article_bec7f5d6-1d1e-11e8-ace5-10604b9f7e7c.html 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. 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. McFadden need not register as a sex offender because his convictions were vacated. His previous conviction for sexual assault on a child took place before the requirement that sex offenders publicly register. It revealed that McFadden selected families with young children, most frequently boys. "He 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. McFadden took his victims on four-wheelers and dirt bikes "and then molests them as they are in his care." --- Hey now. <cite>BlueTigerLion posted [p:901703234] in Convicted ... [t:76628126]...</cite> <quote>https://www.gjsentinel.com/news/western_colorado/da-appalled-at-ruling-that-frees-man/article_bec7f5d6-1d1e-11e8-ace5-10604b9f7e7c.html 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. 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. McFadden need not register as a sex offender because his convictions were vacated. His previous conviction for sexual assault on a child took place before the requirement that sex offenders publicly register. It revealed that McFadden selected families with young children, most frequently boys. "He 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. McFadden took his victims on four-wheelers and dirt bikes "and then molests them as they are in his care." --- Hey now.</quote> ... Copied to Clipboard!
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