Convicted Repeat Child Molester Walks Free On Technicality

A convicted sex offender was released from prison after a court ruled in his favor.

Grand Junction, CO – A Colorado man who was sentenced to more than 300 years in prison for child sex crimes was released on a technicality on Tuesday.

The district attorney who worked to put the pervert behind bars said he was “appalled.”

Michael McFadden, 46, was convicted of sexually assaulting six boys and girls in 2015, according to KKCO-TV. He appealed that conviction, citing pre-trial delays that violated state laws requiring a speedy trial.

In June of 2017, the Colorado Court of Appeals ruled in McFadden’s favor, and threw out the conviction. The court also said McFadden’s case could not be re-tried.

When the Colorado Supreme Court refused to review the Court of Appeals’ ruling, McFadden became a free man.

McFadden had been convicted on 19 counts, as well as being a habitual sex offender.

According to the Colorado Department of Corrections, if McFadden had served his sentence, he would have been slated to spend a minimum of 316 years behind bars, KKCO reported.

McFadden was released Feb. 27 from the Arkansas Valley Correctional Facility, KDVR-TV reported. He does not have to register as a sex offender.

Mesa County District Attorney Daniel Rubinstein gave a detailed explanation of what happened in the case to Blue Lives Matter.

According to Rubinstein, on two occasions the defense asked for a continuance and waived McFadden’s right to a speedy trial in order to secure the continuance.

Prior to the third trial date, there was a jury questionnaire drafted by the defense which referenced a prior offense by McFadden.

Rubinstein said both parties were comfortable with that because the court had already ruled that the prior offense was going to be admissible.

After the questionnaire was passed out to the jury, the judge noticed the reference to the prior offense.

Rubinstein told Blue Lives Matter the judge admitted he had not read the questionnaire.

The judge determined that the defense was partly at fault for the jury hearing about the prior offense, and said a court of appeals would find it to be “plain error” to move forward with the jury pool who had gotten the questionnaire.

The judge granted a continuance for the trial over the objection of the defense, and found that the defense’s role in the incident waived McFadden’s statutory right for his case to be tried within six months.

The court of appeals said that the trial court erred in determining that a continuance was required.

“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 courts 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 in an email.

As a law enforcement officer this is horribly and undescribably sad. When we work so hard to get so little, especially when it comes to predators, it is sickening feeling that this man is out on the streets unpunished knowing full well that this man is going to reoffend. And will more than likely if caught again play the lines of double jeopardy.

Well maybe this is a wake up call and he will thank God he isn't going to prison for the rest of his life, he deserves a second chance..
I'm just joking, he deserves a bullet

The System in the State of Colorado is so messed up ..A POS Child molester can go free.. If the State would spend less time convicting and sending to prison people over stupid stuff and choose to focus on criminals who belong in prison for heinous crimes then maybe someone like this POS would still be where he belongs for the next 300 years.. I support the judicial system but as i myself am currently under a sentence in community corrections which i feel is an injustice. And to see this guy get released over a technicality really pisses me off. Wake up Judges, Prosecutors maybe charges of derilect of Sworn duty should be brought against those involved in this case

If I were those kids parents I'd be posting that guy's photo everywhere. He will molest again, these guys have something wrong with them that you can't cure and they never get better.

Disturbing an despicable act to start with An to Let That Spineless Soulless Scumbag Loose Good Call I 🙏🏻That He Won't Last A Second in The Outside World He's Done Because Its Necessary KARMA WATCHING HIM Plus We The People Will See to It He'll Get His I'm Positive Ty

I’m not going to criticize the justice system because this shows how unjust it has become at the court level. But I can tell you that as a father, grandfather and life long sheepdog, wherever this man travels he’d have a shadow not for his sake but for his future victims sake.

Someone will give justice to this guy. He'll have to watch his back for ever!

What is wrong with these judges? I can't imagine a poor innocent child out there somewhere waking up this morning without a care in the world and by later in the day having their world turned into a nightmare for the rest of their lives. AND, people going oh, how sad that is for the poor child! YES, but some piece of shit, liberal minded appeals judge is the one who did this, a liberal minded jerk living in a fairytale world. Wake up you stupid idiots, the real world is not your fantasy utopia!

When he assaults another child (and he will) He should be shot on site to assure that the court systems failure have a chance to repeat it's self.

What if another victim is found? Can he be tried for that offense?

I think we all need to forward his picture and what he did to these innocent kids .. I m so appalled ...

Good grief!
Well if he crosses paths with me or mine we all carry, and then problem solved

So now he gets to molest more children..... there shouldn’t be “technicalities.” Guilty is guilty. So those kids get to wonder why they didn’t count enough for this asshole to have to go to jail. This is straight up absurd, ridiculous!

Technicality!!!!... FUCK technicality, when you know this MONSTER actually DID molested all this innocent children... loop holes,LOOP HOLES.... this and ANY other child abuser, shouldn't have any rights... kids getting punished abused multiple times even by "THE JUSTICE SYSTEM"!!!!!......

I’m with you. I will put his picture out there! This is one of the most terrible things any judge has ever done to the children of the United States! May God protect our children.

Agree!1 These criminals get off to easy these days.

If I'm not mistaking he can only be tried for the new case.

Anybody ever heard of the spirit of the law versus the letter of the law? Its a circus.

WOW....Cannot believe this and he won't be retried...somebody sure dropped the ball here!!!

What a maggot!!!!! The criminal justice system is the MOST CORRUPT thing in our country. If he were a drug attic he'd still be locked up. The courts did more than drop the f☆cking ball!!!!!!!!