Current Events > Convicted child molestor freed from 300 year sentence on a technicality.

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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."

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catboy0_0
05/20/18 9:33:34 PM
#2:


BlueTigerLion posted...
"We are without remedy,"

Our hands our tied! Nothing we can do!
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Antifar
05/20/18 9:34:09 PM
#3:


The bill of rights is not a technicality.
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Irony
05/20/18 9:34:48 PM
#4:


I thought this was posted like several months ago
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Offworlder1
05/20/18 9:35:03 PM
#5:


I hope this guy has a fatal encounter.
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dameon_reaper
05/20/18 9:36:08 PM
#6:


Man...I really hope this guy changed...he sounds so fucked up.
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#7
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ZCheveyo
05/20/18 9:37:15 PM
#8:


Irony posted...
I thought this was posted like several months ago

I know I posted about it months ago, because people were confused as to how he was denied a speedy trial when it was his lawyer that was stalling....
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Irony
05/20/18 9:38:48 PM
#9:


ZCheveyo posted...
Irony posted...
I thought this was posted like several months ago

I know I posted about it months ago, because people were confused as to how he was denied a speedy trial when it was his lawyer that was stalling....

No it had the same title
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ZCheveyo
05/20/18 9:40:07 PM
#10:


Irony posted...
No it had the same title

Yes, that was me. I posted this exact topic months ago....that is what I am saying.
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crazygamer21
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Cj_WlLL_VVlN
05/20/18 9:40:22 PM
#11:


Antifar posted...
The bill of rights is not a technicality.


Fully agree and I'm glad you don't support any form of gun control.
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scorpion41
05/20/18 9:40:22 PM
#12:


Lol what a crock of shit
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Howl
05/22/18 9:53:02 PM
#14:


Cj_WlLL_VVlN posted...
Antifar posted...
The bill of rights is not a technicality.


Fully agree and I'm glad you don't support any form of gun control.

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Solar_Crimson
05/23/18 11:44:34 AM
#15:


dameon_reaper posted...
Man...I really hope this guy changed...he sounds so fucked up.

I doubt it. I wouldn't be surprised if he's already planning to go back to his ways. ...Or already has, since this story is months old.
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Lordgold666
05/24/18 9:40:35 PM
#17:


Replace his testicles with two bells so we can hear when hes coming
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littlebro07
05/24/18 9:41:10 PM
#18:


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CarlGrimes
05/24/18 9:44:41 PM
#19:


Lordgold666 posted...
Replace his testicles with two bells so we can hear when hes coming

I think we would want to stop him before he was coming.
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Dyinglegacy
05/24/18 9:45:52 PM
#20:


Enter the punisher
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iamintents
05/24/18 9:46:47 PM
#21:


this seems ridiculous. there should be some common sense law shit to override this.
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MedzXVIII
05/24/18 9:47:16 PM
#22:


When the thug has more rights than the victiums
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AvantgardeAClue
05/24/18 9:47:46 PM
#23:


The guy's a walking target, he's not gonna like freedom watching his back all the time.
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StucklnMyPants
05/24/18 9:54:47 PM
#24:


iamintents posted...
this seems ridiculous. there should be some common sense law shit to override this.

There is. It's called doing your job as a prosecutor. The defender can't just waste time and get the case thrown out; it heavily depends on what the prosecutor is doing. The DA is obviously inept to let a case like this get thrown out, due the speedy trial law.
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dameon_reaper
05/24/18 9:55:40 PM
#25:


Solar_Crimson posted...
dameon_reaper posted...
Man...I really hope this guy changed...he sounds so fucked up.

I doubt it. I wouldn't be surprised if he's already planning to go back to his ways. ...Or already has, since this story is months old.


I could only hope people change their ways but considering the way he went about things to fuck little kids, yeah, i bet he hasn't.
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So_Hajile
05/24/18 10:22:08 PM
#26:


This is how Freddy Krueger got started.
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Mango Sauce
05/24/18 10:24:16 PM
#27:


What's his username
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IfGodCouldDie
05/24/18 10:52:01 PM
#28:


StucklnMyPants posted...
iamintents posted...
this seems ridiculous. there should be some common sense law shit to override this.

There is. It's called doing your job as a prosecutor. The defender can't just waste time and get the case thrown out; it heavily depends on what the prosecutor is doing. The DA is obviously inept to let a case like this get thrown out, due the speedy trial law.

An exemption for the defense delaying the trial would absolutely be fair. If HE doesn't want a speedy trial than he should not be let free due to getting what he wants. If the prosecution is delaying the trial than fine, they are infringing on his rights.
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Lordgold666
05/25/18 2:18:13 AM
#29:


Mango Sauce posted...
What's his username

lol
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red_rocket_yum
05/25/18 2:20:14 AM
#31:


We live in such a fucked up and depressing time. A time of the rule of lawyerism and everyone can sue everyone for everything.
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JE19426
05/27/18 5:32:28 AM
#33:


According to an NBC11news artcle which I'll link the bottom of the post, The defence agreed to two delays, but the judge demanded a third delay more than 6 months after the second delay.

The reason for the third delay, is that the judge didn't read the defences Jury questionnaire until then, and the judge objected to it so they had to replace the Jury since the current one already saw that questionnaire. According to the OPs link both the defence and prosecution agreed to the questionnaire, it's just the judge that disagreed.

http://www.nbc11news.com/content/news/475476263.html
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Rika_Furude
05/27/18 5:40:30 AM
#34:


im generally opposed to vigilantism but sometimes it would be a better outcome than the "legal" outcome
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SpiralDrift
05/27/18 6:03:11 AM
#35:


So they fucked up but want us to blame the constitution and not them. Those assholes just let a violent child sex offender go free. It's all on them.
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Infinite 2003
05/27/18 6:07:01 AM
#36:


Street justice it is then
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JE19426
05/27/18 6:08:02 AM
#37:


SpiralDrift posted...
So they fucked up but want us to blame the constitution and not them.


Nope, the judge fucked up. He (or she) should have read the questionnaire straight away, instead of waiting months to do so.
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smoliske
05/27/18 6:13:50 AM
#38:


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untrustful
05/27/18 6:16:52 AM
#39:


BlueTigerLion posted...
a court determined his right to a speedy trial had been violated

Why go after a bad guy only to violate his rights so he could be freed on a technicality?

Sloppy.
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JE19426
05/27/18 6:18:26 AM
#40:


smoliske posted...
is this the same case?

https://gamefaqs.gamespot.com/boards/400-current-events/76533385


No, that case was against 56 year old David Paul Lynch, while this case is against 46 year old Michael McFadden.

untrustful posted...
Why go after a bad guy only to violate his rights so he could be freed on a technicality?


What do you mean?
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Laserion
05/27/18 7:11:06 AM
#41:


Can people do their own "registry" online posting these technicality guys? Call it "The Ones That Got Away".
...
Then again, people would misuse this to screw over people they dislike with fake stories.
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KingArthur3D
05/29/18 4:55:11 AM
#43:


3o7TKMeCOV3oXSb5bq
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02fran
05/31/18 2:56:02 AM
#44:


So_Hajile posted...
This is how Freddy Krueger got started.

The burning hasn't happened yet
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02fran
06/02/18 4:19:32 AM
#45:


So_Hajile posted...
This is how Freddy Krueger got started.

The burning hasn't happened yet
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