WHAT’S BEING CLAIMED:
- Convicted pedophile Michael McFadden who was released from Arkansas Valley Correctional Facility in Colorado on Tuesday was back in jail.
- The serial sex offender, sentenced to 300 years in 2015 for sexually assaulting six kids, was freed after the Colorado Court of Appeals realized his right to a speedy trial had been breached.
- The 46-year-old McFadden has been arrested again on Friday after failing to register as a sex offender, the Colorado Springs Police Department said.
Michael McFadden was released from prison Tuesday due to a technicality. His scheduled 2015 trial was “delayed past the statutory requirements and courts ruled that he could not be retried.”
After his release, McFadden does not have to register as a sex offender because his sentence was annulled.
“We are without remedy,” Mesa County District Attorney Dan Rubinstein 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 being convicted and sentenced in 2015, McFadden’s attorney “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.”
USA Today reported in February that the state Supreme Court decided not to hear the appeal which automatically allowed the lower court’s ruling.
According to Judge Jerry N. Jones, 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.]”
“The prosecutor expressly agreed to the jury questionnaire as drafted by defense counsel, and the trial court accepted it as tendered. Because defendant did not agree to or otherwise occasion a necessary continuance, he cannot be charged with the trial delay,” Jones added.
David Waites, the prosecutor for the case, said the 2015 trial was distressing for the young boys, McFadden’s victims.
“[McFadden] befriends people who have young kids,” Waite said. “and then he gets into a situation where he has access to those kids, and he grooms them pretty heavily.”
The Daily Sentinel reported that McFadden would lure his victims for rides on four-wheelers and dirt bikes and then molest them, mostly during nighttime. “[There were] a couple ugly incidents at [Gunnison River] the roller dam,” Waite said.
On Friday, Colorado Springs police arrested McFadden on an active warrant at the El Paso County Citizen’s Service Center. He was detained at the El Paso County Criminal Justice Center.
The current warrant was for an earlier sexual assault on an unrelated case which needed McFadden to register as a sex offender.