In 2015, 46-year-old Michael McFadden was convicted of sexually assaulting six young children and sentenced to 300 years in prison.
On February 27, according to KKTV, he was able to walk a free man.KREX
As KREX reports, following his 2015 conviction, McFadden appealed the case on grounds that his right to a speedy trial had been violated. In June, the Colorado Court of Appeals agreed. The court threw out the conviction and the case cannot be retried.
The Colorado Supreme Court declined to hear the case.
Mesa County, Colorado District Attorney Dan Rubenstein was blindsided by the decision, as were the parents of the children who were sexually assaulted by McFadden.
Kathi Raley, the victim assistance coordinator at the district attorney’s office, told KREX that since the ruling was made public, her phone has been ringing off the hook:
“Voicemails – several from mothers of victims, who legitimately are fearful for their children and their children’s safety.”
Unfortunately, she couldn’t offer those families much help. She explained:
“This is now a case that will just be dismissed and set aside. So, it’s an unfortunate situation that they’re all in.”
District Attorney Rubenstein told KREX:
“…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.”
He said that he believes the “justice system completely failed in this situation.”