GRAND JUNCTION, Colo. – A convicted sex offender who was sentenced to more than 300 years for sexually assaulting multiple children is now free.
According to KREX, 46-year-old Michael Tracy McFadden was sentenced to more than 300 years in prison after he was convicted of sexually assaulting six young boys and girls.
However, McFadden appealed that conviction, saying that pre-trial delays violated the speedy trial statutes.
His claims went before the Colorado Court of Appeals, who ruled that the statutes were violated and threw out his conviction. The court also ruled that he could not be retried.
“Frankly I’m completely appalled with the decision,” District Attorney Dan Rubenstein said. “I find it offensive that our justice system would allow this to happen.”
Rubenstein says that McFadden had asked for a continuance of his trial twice, meaning that his right to a speedy trial was automatically waived.
The court disagreed, freeing McFadden from prison.
“The justice system completely failed in this situation, and you’ve heard the phrase before got off on a technicality?” Rubenstein said.”This is that situation to the most stark sense I’ve ever seen it.”
Rubenstein says that McFadden does not even have to register as a sex offender.