A “dangerous serial pedophile” who was sentenced to over three hundreds years in prison due to the serious nature of his crimes has been allowed to walk free by a judge after the court heard that “pre-trial delays” in his case violated Colorado’s “speedy trial statutes.”
In 2015, Michael Tracy McFadden, of Grand Rapids, Colorado, was convicted of raping several very young boys and girls. He was convicted on 19 counts, as well as listed as a habitual sex offender, according to Blue Lives Matter. His crimes were so serious he was sentenced to spend a minimum of 316 years behind bars — but now, he’s a free man after his conviction was thrown out on a technicality.
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It all began when the serial molester appealed his conviction, claiming that pre-trial delays violated Colorado’s speedy trial statutes. According to KXXV, this past June, “the Colorado Court of Appeals ruled in McFadden’s favor, throwing out his conviction and ruling he could not be retried.”
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Making matters even worse, the court also ruled that McFadden, 46, a man convicted on 19 counts of child rape, no longer has to register as a sex offender.
— KWCH 12 News (@KWCH12) March 1, 2018
MadWorld reports that McFadden was released on February 27 from the Arkansas Valley Correctional Facility.
Like many others, District Attorney Dan Rubenstein is appalled by the outcome, which he says he “didn’t see coming.”
“Frankly, I am completely appalled with the decision,” Rubenstein stated. “I find it offensive that our justice system would allow this to happen.” Rubenstein relayed the fact that McFadden asked for a continuance of his trial twice — at which point a speedy trial was automatically waived — but on his third continuance, McFadden decided to assert his speedy trial rights.
“There’s prior precedent from other cases, where the court has said that constitutional rights outweigh statutory rights,” Rubenstein said. Sadly, the appeals court ruled the statutes had been violated.
“The justice system completely failed in this situation, and you’ve heard the phrase before ‘got off on a technicality’? This is that situation to the most stark sense I’ve ever seen it,” Rubenstein said.
After the news broke that Michael McFadden was released, Kathi Raley, victim assistance coordinator at the district attorney’s office, received several phone calls from the mothers of McFadden’s victims, who were shocked and appalled by the decision.
“Voicemails – several from mothers of victims, who legitimately are fearful for their children and their children’s safety,” Raley said. “This is now a case that will just be dismissed and set aside. So, it’s an unfortunate situation that they’re all in.”
The justice system has failed us all, especially this monster’s previous victims, but if we, as a nation, spread the news of his release, just maybe we can help alert as many people as we can, hindering his chances of ever being anywhere near an innocent child again.
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