Convicted Sexual Offender is Released From Prison
Michael McFadden, who had been sentenced to over 300 years in prison has been released.
McFadden, sentenced in 2015 for sexually assaulting six young children was released from the Arkansas Valley Correctional Facility on Tuesday.
McFadden, who is 46 had appealed his conviction in 2015 claiming state laws to a speedy trial were violated due to pre-trial delays. In 2017, the Colorado Court of Appeals ruled in McFadden's favor and threw his 2015 conviction out.
Last February the Colorado Supreme Court decided to not hear the appeal and allowed the ruling from the lower court to stand, meaning McFadden cannot be retried for his crime.
According to the Colorado Department of Corrections, McFadden's minimum time in prison would have been 316 years.
The Mesa County District Attorney, Dan Rubenstein was quoted as saying:
"I am completely appalled at this decision," "I think the criminal justice system completely failed here."
The delay came in the trial when a jury questionnaire by the defense had not been read by the judge and once he did read it, he granted the continuance, which led to McFadden's appeal for a speedy trial.
McFadden was rearrested in May of this year and faces five counts of traveling across state lines to engage in sexual acts with children.