A man from Grand Junction, Colorado, was sentenced to more than 300 years for child sex crimes. However, three years later, the district attorney was left appalled after the repeat child molester walked free, and the reason why is absolutely sickening.
In 2015, Michael Tracy McFadden, 46, was convicted of molesting several young boys and girls. He was convicted on 19 counts, as well as listed as a habitual sex offender, according to Blue Lives Matter. He was slated to spend a minimum of 316 years behind bars — but now, he’s a free man.
McFadden’s conviction has been thrown out on a technicality. It all began when he appealed his conviction, claiming that pre-trial delays violated Colorado’s speedy trial statutes. According to KXXV, this past June, “the Colorado Court of Appeals ruled in McFadden’s favor, throwing out his conviction and ruling he could not be retried.”
McFadden was released on February 27 from the Arkansas Valley Correctional Facility. In addition to his ridiculous release, he no longer has to register as a sex offender. Like many others, District Attorney Dan Rubenstein is appalled by the outcome, which he never even saw coming.
“Frankly, I am completely appalled with the decision,” Rubenstein stated. “I find it offensive that our justice system would allow this to happen.” Rubenstein relayed the fact that McFadden asked for a continuance of his trial twice — at which point a speedy trial was automatically waived — but on his third continuance, McFadden decided to assert his speedy trial rights.
Rubenstein explained that there are two types of speedy trials in the state of Colorado, constitutional or statutory. Statutory speedy trials require a time frame of six months, while with a constitutional speedy trial, it depends on the case and there is no set time frame.
“There’s prior precedent from other cases, where the court has said that constitutional rights outweigh statutory rights,” Rubenstein said. Sadly, the appeals court ruled the statutes had been violated.
“The justice system completely failed in this situation, and you’ve heard the phrase before ‘got off on a technicality’? This is that situation to the most stark sense I’ve ever seen it,” Rubenstein said.
— KWCH Eyewitness News (@KWCH12) March 1, 2018
After the news broke that Michael McFadden was released, Kathi Raley, victim assistance coordinator at the district attorney’s office, received several phone calls from the mothers of McFadden’s victims, who were obviously upset — and who could blame them?
“Voicemails – several from mothers of victims, who legitimately are fearful for their children and their children’s safety,” Raley said. “This is now a case that will just be dismissed and set aside. So, it’s an unfortunate situation that they’re all in.”
These children and their families shouldn’t have to live in fear. This man was convicted and sentenced to many years behind bars for a reason, and it should have stayed that way. The fact that he’s walking on the streets and allowed to freely mingle with society is absolutely sickening. People need to be alerted to his issues and whatever community he winds up in deserve to know the truth about him.
I bet he’s grinning from ear to ear, thinking that he’s successfully cheated the system and is finally a free man once again. Parents, watch your kids because there’s a convicted pervert walking free in the streets who will undoubtedly be searching for another victim to prey upon sometime soon.
The justice system has failed us all, especially this monster’s previous victims, but if we, as a nation, spread the news of his release, just maybe we can help alert as many people as we can, hindering his chances of ever being anywhere near an innocent child again.