A sex offender who was sentenced to over 300 years in prison after being convicted of molesting six children in 2015 is a free man because of a technicality. According to NBC 11, Michael McFadden was released from prison after the Colorado Court of Appeals overturned his conviction because he was denied his "statutory right to a speedy trial was violated when the presiding judge granted a continuance." The Supreme Court declined to hear the prosecution's appeal allowing McFadden to walk free. He cannot be retried, and will not have to register as a sex offender.
Prosecutors were appalled at the decision. Mesa County District Attorney Dan Rubinstein said the ruling is a failure of the criminal justice system.
“I am completely appalled at this decision,” Rubinstein said. “I think the criminal justice system completely failed here.”
The news was concerning to many residents who reached out to Kathi Raley, who serves as the Victim Assistance Coordinator at the District Attorney's Office according to KREX.
"Several voicemails from mothers of victims who legitimately are fearful for their children and their children's safety," she said.
Many people posted photos of McFadden on social media hoping to spread the word and make people aware that a sex offender could be living in their neighborhood.
His current whereabouts are unknown, but many believe he will harm children in the future. He had prior convictions for sexual offenses, but because they happened before Colorado created a sex offender registry, he is not required to be on the list.
Photo: Colorado Department of Corrections