Tuesday, 16 October, 2018

DA Says McFadden Must Register As A Sex Offender

Child sex offender serving 300 years in prison released on technicality Inc. All rights reserved. This material may not be published broadcast rewritten or redistributed
Kenny Thornton | 02 March, 2018, 22:36

The 46-year-old man from Grand Junction, Colorado, was sentenced to more than 300 years in prison after the prosecution argued that he gained the trust of families before molesting their children.

"Because those facts were coming in, the defense had submitted a jury questionnaire, which addressed his prior conduct on whether or not they could be fair", said Rubinstein.

His claims went before the Colorado Court of Appeals, who ruled that the statutes were violated and threw out his conviction.

Mesa County District Attorney Dan Rubinstein is lobbying for a change in state law that could have kept a Grand Junction child molester in prison, while also urging voters to "take action" at the next appropriate judicial election.

Michael McFadden was sentenced in 2015 to serve more than three centuries behind bars after being convicted of 19 counts of sexual offenses against children, KJCT reports.

Because of that, McFadden was released from the Arkansas Valley Correctional Facility on Tuesday. An appelate court agreed in 2017, KKTV reported, and on February 12, the Colorado Supreme Court declined to hear the appeal, which meant the lower court's ruling would stand.

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Rubinstein says the judge did not even look at the questionnaire until halfway through jury selection.

McFadden was convicted in 2015, but his trial was delayed after his attorneys sought to include provisions in the juror questionnaire and the judge granted a continuance.

The district attorney's office appealed the courts' decision to overturn the conviction, but that was denied.

"The court of appeals found that the trial court erred in determining that a continuance was required, disagreed that the delay was chargeable to the defense and therefore violated the defendant's speedy trial rights", Rubinstein stated on Facebook.

McFadden does not have to register as a sex offender.

Prosecutor David Waite said McFadden had befriended people with young children, and then put himself in a situation where he was able to "heavily groom" the youngsters.

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