Michael McFadden of Colorado was sentenced to 300 years for sexually assaulting six children, but according to reports McFadden was released from prison after a ruling deduced McFadden was denied a speedy trial.
The 46-year-old man was released from Arkansas Valley Correctional Facility last week, and the Grand Jury Sentinel reports he won’t have to register as a sex offender.
McFadden was convicted in 2015, however the decision to vacate the conviction came when McFadden’s defense team requested a change in the questions posed for potential jury members. Although it was McFadden’s team who requested the change, the appeals court ruled McFadden couldn’t be held accountable for the delay in request, and thus the State Supreme Court upheld the ruling.
“We are without remedy,” Mesa County District Attorney Dan Rubinstein told the Daily Sentinel. Rubeinstein told reporters he’s “appalled” McFadden was able to walk free based on a small technicality.
“A jury of the defendant’s peers, which the defendant helped choose, unanimously found him guilty beyond a reasonable doubt of sexually offending against six innocent victims,” Rubeinstein said.
The prosecutors continued and said McFadden was now a free man because of “an arbitrary statutory right that the defendant had waived on two prior occasions.”