A man who was sentenced to 300 years in prison in 2015 for 19 accounts of sexual offenses on a minor is free today after he got off on a “technicality.” He cannot be retried on any of his previous sex crimes, nor will he face the possibility of having to register as a sex offender.
Michael Tracy McFadden is a free man today after he was denied the right to a speedy trial, according to the Daily Mail. The state of Colorado threw out his conviction as a result. The District who worked on the case, Attorney Dan Rubenstein, was disgusted at the circumstances.
“Frankly I’m completely appalled with the decision,” Rubenstein told KREX. “I find it offensive that our justice system would allow this to happen.”
McFadden’s lawyers during the trial had submitted a jury questionnaire to help determine if his client could receive a fair trial. After the questionnaire, the judge presiding over the case determined McFadden could not receive a fair trial.
The judge finally issued a continuance, a ruling that McFadden’s defense team had asked for in the first place two separate times. When McFadden’s defense team opted for a speedy trial, the state declared McFadden would need to be tried within six months. This did not happen.
“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,” Rubenstein said.
The 46-year-old who was described as a serial pedophile in court documents repeatedly molested a total of six boys and girls, AJC reported. He would also “groom them pretty heavily,” court documents added. McFadden would lure children into the woods on the pretext of them going dirt biking or four-wheeling.
A victims assistance coordinator who worked with the families said she has been receiving calls non-stop from the parents of the children involved. “Several voicemails from mothers of victims who legitimately are fearful for their children and their children’s safety,” Kathi Raley said. “I can’t even imagine the terror that these kids are now feeling.”
If the conviction had been upheld, McFadden would not have been eligible for parole until February 12, 2331.