Michael Tracy McFadden was poised to serve more than 300 years in person on 19 counts of sexually abusing children and due to a technicality, he’s been freed.
McFadden was not eligible for a parole hearing until the year 2330, according to the Colorado Department of Corrections and instead, he walked away a free man this week from the Arkansas Valley Correctional Facility, where he was serving his sentence.
“If you’ve heard the phrase, ‘He got off on a technicality,’ this is exactly that situation,” Mesa County District Attorney Dan Rubinstein told the news station.
The pedophile cannot be retired on these existing charges.. and does NOT have to register as freaking sex offender!
“I am completely appalled at this decision,” Rubinstein said. “I think the criminal justice system completely failed here.”
As reported by WSBTV:
McFadden’s defense team had submitted a jury questionnaire designed to determine whether trial jurors could be fair to their client considering his past, KKCO reported. The judge in the case failed to read the questionnaire until prosecutors and defense lawyers were already halfway through the jury selection process.
The judge decided that McFadden couldn’t receive a fair trial under those circumstances, so he issued a continuance. Even though McFadden’s lawyers had previously sought and received two continuances in the case, they objected to the third and asserted his statutory right to a speedy trial.
The appeals court ruled that he did not get his trial in time. In Colorado, the statute for a speedy trial requires that it take place within six months.
“Because the error here was that he shouldn’t have been tried longer than six months from the last time he waived speedy trial, there was no remedy for that, and therefore there is no ability to retry him,” Rubinstein told the news station.