Current Events > Serial pedophile with 300 year sentence freed on technicality.

(+) Yeah! (+)

He won't even have to register as a sex offender.

https://www.yahoo.com/news/serial-pedophile-300-sentence-freed-161633873.html

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. McFaddens 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, McFaddens 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."

David Waites, the prosecutor for the case, said the trial in 2015 was traumatic for the victims, who were predominately young boys.
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It's times like this when we need a real-life Dexter.
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Our law system is really weird, then again the people that will murder him probably will feel that way too.
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even if he got out of jail it's not like he'll ever be able to lead a normal life, what with everyone knowing he's a pedo

gl getting a job and shit
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Well he would have been shanked in prison, he'll probably get shot out in public. It's pretty fucking stupid that this happens. It's like when people run out of toilet paper. You saw that the end was near, and you did nothing to prevent a very shitty situation.
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MURRlCA
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mario2000 posted...

even if he got out of jail it's not like he'll ever be able to lead a normal life, what with everyone knowing he's a pedo

gl getting a job and shit

Dude. I read about a murderer back in like the 1980s who was on the news for being a suspect for murder. A woman happily married him and did not know he was murdering people until they came and arrested him. She claimed she never watched the news.
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Our justice system is a joke.

That's alright, the guy will probably be taken out by a militant person anyway
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jukester posted...

mario2000 posted...

even if he got out of jail it's not like he'll ever be able to lead a normal life, what with everyone knowing he's a pedo

gl getting a job and shit

Dude. I read about a murderer back in like the 1980s who was on the news for being a suspect for murder. A woman happily married him and did not know he was murdering people until they came and arrested him. She claimed she never watched the news.

maybe her kink is getting murdered
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If Zikten sees this topic, there will be a meltdown when he decides this is another good hill to die on.
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Hopefully his neighbours will be nice enough to put a sign up warning others about this monster.
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How is the questions HIS LAWYER added that caused the delay not attributable to him?
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Isn't this the origins of Nightmare on Elm Street?
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GiftedACIII posted...

Isn't this the origins of Nightmare on Elm Street?

This guy hasn't been set on fire yet
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1, 2, McFaddens coming for you...

The Admiral posted...

It's times like this when we need a real-life Dexter.

someone will murder him though, especially with news articles about him in the public.
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darkjedilink posted...

How is the questions HIS LAWYER added that caused the delay not attributable to him?

This is what I didn't understand either.
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Well, lets be fair, it's not as if we expected him to complete the whole sentence...

*funs afay*
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@Zikten
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ok

mario2000 posted...

even if he got out of jail it's not like he'll ever be able to lead a normal life, what with everyone knowing he's a pedo

gl getting a job and shit

You'd be surprised. America is a big place. He could go to a backwaters town where people barely use the Internet and live out the rest of his life undetected.

I hope someone takes out this piece of shit though.
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LoganBlade1031 posted...

his case would not be brought to trail again.

trail

Nice one, yahoo
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The 6th amendment of the constitution is not a technicality.
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Smokin' too much out there in Colorado.

Antifar posted...

The 6th amendment of the constitution is not a technicality.

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PiOverlord posted...

Antifar posted...

The 6th amendment of the constitution is not a technicality.

It is when the delay is caused by his lawyer.
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This is one of those dark times where I wish Frank Castle was real.
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The laws that protect criminals go too far sometimes
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LepartialJury posted...

The laws that protect criminals go too far sometimes

This amendment is there to protect all of us from being thrown in jail without a trial. That type of abuse of the justice system happened to innocent people very often in the past.

The state failed to do its job here. It reads scary because of what the guy did but I think we all would much rather live in a world where we don't get thrown in jail for extended periods of time for no reason even if it means an actual criminal gets off every once in a while.
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I mean, that sucks.

Good to see the justice system working, though.

leverageblargh posted...

News says he's back behind bars

https://www.denverpost.com/2018/03/02/michael-mcfadden-grand-junction-child-sex-assault-arrested/

He failed to register as a sex offender for an earlier conviction and was arrested

Now everyone's murder phantasy won't come to fruition
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The whole sex offender register thing is a joke.
The thought behind it was good, but the result is bad.
Having nude pictures of yourself is enough to get on the list for the rest of your life.
Heck, peeing in public or have a kid hug another kid is enough to get on the list in some states, and then we have real offenders like this that just get to walk away.
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The law that lets him get out in this case is there for a reason. In plenty of countries you can be sitting around for years and years before you get a trial date. Also, will just point out that this whole case being in the news and everything plus his original arrest will still most definitely follow him throughout his life and hell be fucked with any job that does even minor digging into his past.
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The constitution is a "technicality"?
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leverageblargh posted...

News says he's back behind bars

https://www.denverpost.com/2018/03/02/michael-mcfadden-grand-junction-child-sex-assault-arrested/

He failed to register as a sex offender for an earlier conviction and was arrested

Lol
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This sucks, but his face is all over the internet and he's legitimately fucked in every aspect of his life.

I think his misery outside of prison will be comparable. I only regret that this piece of useless shit won't get shanked by someone who's life is already dedicated to prison for life.
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whitelytning posted...

LepartialJury posted...

The laws that protect criminals go too far sometimes

This amendment is there to protect all of us from being thrown in jail without a trial. That type of abuse of the justice system happened to innocent people very often in the past.

The state failed to do its job here. It reads scary because of what the guy did but I think we all would much rather live in a world where we don't get thrown in jail for extended periods of time for no reason even if it means an actual criminal gets off every once in a while.

I'm still not seeing why what seems to have been a deliberate and successful attempt by McFadden's lawyer to prolong the process and thereby help McFadden escape justice (his lawyer must be so proud; wonder if he boasted about it to his own wife and kids, and if they high five him every time he helps put a child molester back on the streets?) left McFadden supposedly blameless in the whole matter. And more importantly, what's to prevent lawyers from abusing this loophole again and again?
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Funkdamental posted...

whitelytning posted...

LepartialJury posted...

The laws that protect criminals go too far sometimes

This amendment is there to protect all of us from being thrown in jail without a trial. That type of abuse of the justice system happened to innocent people very often in the past.

The state failed to do its job here. It reads scary because of what the guy did but I think we all would much rather live in a world where we don't get thrown in jail for extended periods of time for no reason even if it means an actual criminal gets off every once in a while.

I'm still not seeing why what seems to have been a deliberate and successful attempt by McFadden's lawyer to prolong the process and thereby help McFadden escape justice (his lawyer must be so proud; wonder if he boasted about it to his own wife and kids, and if they high five him every time he helps put a child molester back on the streets?) left McFadden supposedly blameless in the whole matter. And more importantly, what's to prevent lawyers from abusing this loophole again and again?

The article says that it is considered not McFadden's responsibility because the state representative agreed to the lawyer's suggestion. And yes, we should hold the government trying to jail people to a higher standard than lawyers trying to get them off the hook, so that seems entirely reasonable. The prosecutor should have known better and it falls on their shoulder.

NibeIungsnarf posted...

And yes, we should hold the government trying to jail people to a higher standard than lawyers trying to get them off the hook

Infuriating though the prosecutor's incompetence is, fumbling the job of putting someone behind bars who badly needs to be put behind bars strikes me as less amoral and cynical than deliberately exploiting every loophole to keep that person on the street in exchange for a big fat fee.
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I can't agree to that, but I also don't think its the slightest bit relevant to anything I said in my post so I dunno.

NibeIungsnarf posted...

I can't agree to that, but I also don't think its the slightest bit relevant to anything I said in my post so I dunno.

Really? Because I thought you were implying that we should be more angry at prosecutors for not doing their job than at lawyers for doing theirs.

How anyone could not find anything at least a little amoral and cynical about lawyers knowingly yet uncaringly placing children at risk by putting a serial pedophile back among them, because they're being paid money to do it, utterly dumbfounds me.
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I was saying that even though the lawyer suggested the thingy that lead to the ruling that his rights was violated, the prosecutor is the one who should be, and is fairly being, held responsible.

You can be mad at whoever you want.