Michael Tracy Mc Fadden
A convicted sex offender who was sentenced to more than 300 years for sexually assaulting multiple children is now free.
After going on trial and being convicted in 2015, McFadden appealed.
The Mesa County District Attorney's Office appealed to the Colorado Supreme Court, but the high court decided not to hear the appeal, upholding the lower court's ruling.
He can not be retried on those charges.
"I find it offensive that our justice system would allow this to happen", says District Attorney Dan Rubenstein. "(I've received) several voicemails from mothers of victims who legitimately are fearful for their children and their children's safety".
Kathi Raley, the victim assistance coordinator at the District Attorney's Office, said McFadden's release has frightened his victims and their families.
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After his conviction, McFadden appealed, claiming the delays before his trial violated state laws, the Grand Junction Sentinel reported.
This all has to do with a jury questionnaire from before the trial itself even started. "After the questionnaire had been passed out to the jury, the judge noticed the reference to the prior offense, admitted he had not read the questionnaire and a discussion ensued about whether the defendant could receive a fair trial with the reference".
The judge, hoping to just delay a short time, authorized a continuance to push the case back so that the questionnaire could be addressed. In Colorado, statutory speedy right trials require a time frame of six months.
Constitutional speedy trials have no timeframe, depending on the case.
Now Rubinstein says research in to the matter by the Grand Junction Police Department sex offender registry unit shows that McFadden's actual release date for the 1990 conviction extended into the period where he is required to register.
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