The People of the State of Colorado v. McFadden

[fabulouslyghetto]

https://www.denverpost.com/2018/03/01/michael-mcfadden-grand-junction-child-sexual-assault/

McFadden was sentenced to the Colorado Department of Corrections after a 2015 conviction for sexual assault on a child. The conviction was overturned when the appeals court ruled that his right to a speedy trial had been violated.

And what a fucking surprise, when he got out he didn't do the honest thing and register as a sex offender, wonder how many more victims he could've taken while a bunch of men sit around going "Well gosh our hands are tied there's just nothing we can do, if only there were some kind of system that would allow us to punish people for violating an agreed-upon list of behaviors and restrictions and gave us jurisdiction to revoke the freedom of individuals who do not adhere to these rules, perhaps placing them in some sort of containment cell for a length of time appropriate to the severity of their actions."



Black: spends 40 years in jail for a crime he didn't commit because "the system isn't perfect"
White: found guilty of raping children, freed because that's just how the law works

 

[nycguydowntown]

Re: In today's episode of White Privelege-- man walks on 300-year sentence for sex crimes against children

No doubt there is white privilege in this country---NO DOUBT---the scumbag in the White House is a glaring example---and his hoe wife with the "Einstein visa" that got her in this country.

 

[fabulouslyghetto]

Re: In today's episode of White Privelege-- man walks on 300-year sentence for sex crimes against children

No doubt there is white privilege in this country---NO DOUBT---the scumbag in the White House is a glaring example---and his hoe wife with the "Einstein visa" that got her in this country.

It's like they're not even trying to hide the sheer imbalance of it all. Imagine if Michelle Obama was an immigrant model who was in the country on an Einstein visa.

 

[Latimer]

Re: In today's episode of White Privelege-- man walks on 300-year sentence for sex crimes against children

And what a fucking surprise... fre...t it was a Trump appointee who freed the man.

 

[MakeDigitalLove]

Re: In today's episode of White Privelege-- man walks on 300-year sentence for sex crimes against children

Confirmation bias.

White men are also in jail for crimes they didn't commit. Blacks are also freed because that's just how the law works. The right wing routinely comes up with examples of blacks freed by a liberal judge and who go on to commit further crimes.

I doubt it was a Trump appointee who freed the man.

I mean I’m sure it’s true that it happened to white men but there is a difference between how black people and white people are treated.

Last month articles came out about California cops working with Neo Nazis to target Anti-racist protestors, so yea.

 

[fabulouslyghetto]

Re: In today's episode of White Privelege-- man walks on 300-year sentence for sex crimes against children

I mean I’m sure it’s true that it happened to white men but there is a difference between how black people and white people are treated.

This fact is so supported and well-documented that even the most hardcore bigoted Klan-loving alt-right white nationalists aren't denying a slanted (in)justice system.

 

[opinterph]

Re: In today's episode of White Privelege-- man walks on 300-year sentence for sex crimes against children

This fact is so supported and well-documented that even the most hardcore bigoted Klan-loving alt-right white nationalists aren't denying a slanted (in)justice system.

IMO, Your news article fails to support the principle you are attempting to share.

(From linked article)

McFadden was convicted in 2015, but his trial was delayed after his attorneys sought to include provisions in the juror questionnaire and the judge granted a continuance. Colorado’s appellate court ruled that the delay couldn’t be attributed to McFadden, who won’t have to register as a sex offender because his convictions were vacated.

That didn’t last long …

Authorities learned on Thursday McFadden still had to register as a sex offender for a prior sexual assault on a child sentence in 1990. An arrest warrant was issued. He was arrested at the El Paso County Department of Human Services at about 4:30 in the afternoon on Friday. According to the jail's inmate search, he is being held there now on a $1,000 bond.

Wanted sex offender Michael McFadden arrested in Colorado Springs (KKTV; March 2, 2018()

 

[ballcaphair]

Re: In today's episode of White Privilege-- man walks on 300-year sentence for sex crimes against children

This is about a child. This is about a white child molester getting a pass. and: "Our lives begin to end the day we become silent about things that matter." - Martin Luther King, Jr.

 

[fabulouslyghetto]

Re: In today's episode of White Privelege-- man walks on 300-year sentence for sex crimes against children

That didn’t last long …

I read that about 2 minutes after I read about his release, the point still standing that sexual predators shouldn't be released on technicalities, that's the grossest perversion of justice I could imagine. He bungled it but he had every opportunity to flee the state and start a new life preying on new children (as is often the pattern or sexual predators who get a tap on the wrist).

 

[opinterph]

Re: In today's episode of White Privelege-- man walks on 300-year sentence for sex crimes against children

… the point still standing that sexual predators shouldn't be released on technicalities …

I presume you’ve studied the case.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

 

[fabulouslyghetto]

Re: In today's episode of White Privelege-- man walks on 300-year sentence for sex crimes against children

I presume you’ve studied the case.

That's wonderful and lovely but what I'm saying is very plain, simple and solid. Sexual predators (of all criminals) shouldn't be released on technicalities. The lack of speedy trial doesn't mean he didn't rape those kids, it's completely irrespective of what he did and his punishment (or lack thereof). It's only be luck that he got out and got locked right back up, this story could've had a much worse ending. That's what predators do, move to another state, start a new life and have a field day preying on a new batch of victims, as is often the case with predators.

 

[opinterph]

Re: In today's episode of White Privelege-- man walks on 300-year sentence for sex crimes against children

That's wonderful and lovely …

Ever hear of a guy named Ernesto Miranda?

 

[opinterph]

Re: In today's episode of White Privilege-- man walks on 300-year sentence for sex crimes against children

June 22, 2017

Court of Appeals No. 15CA1925
Mesa County District Court Nos. 13CR27, 13CR339 & 13CR342
Honorable Thomas Michael Deister, Judge
Honorable Valerie J. Robison, Judge

The People of the State of Colorado, Plaintiff-Appellee,
v.
Michael Tracy McFadden, Defendant-Appellant.


JUDGMENTS VACATED AND CASE REMANDED WITH DIRECTIONS

Division IV
Opinion by JUDGE J. JONES Graham and Welling, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(e)

Colorado Appellate Rule 35(e) provides that a case should be published when the opinion: (1) lays down a new rule of law, alters or modifies an existing rule, or applies an established rule to novel facts; (2) involves a legal issue of continuing public interest; (3) directs attention to the shortcomings of existing common law or statutes; or (4) resolves an apparent conflict of authority. [Link]

---

July 20, 2017

Court of Appeals No. 15CA1925

The People of the State of Colorado, Plaintiff-Appellee,
v.
Michael Tracy McFadden, Defendant-Appellant.


Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(e)

---

February 12, 2018

Colorado Supreme Court No. 17SC573, Court of Appeals Case No. 15CA1925

Petitioner: The People of the State of Colorado,
v.
Respondent: Michael Tracy McFadden.


Petition for Writ of Certiorari DENIED. EN BANC.

 

[72-Jay]

Re: In today's episode of White Privelege-- man walks on 300-year sentence for sex crimes against children

That's what predators do, move to another state, start a new life and have a field day preying on a new batch of victims,

And that is the reason why they should go straight to the electric chair...or maybe the firing squad..

 

[fabulouslyghetto]

Re: In today's episode of White Privelege-- man walks on 300-year sentence for sex crimes against children

Ever hear of a guy named Ernesto Miranda?

It's the crux of one of my favorite Onion articles

https://www.theonion.com/report-79-of-minority-suspects-receive-miranda-rights-1819576850

Neither here nor there, i know he's supposed to have a right to a speedy trial, I just don't see how that makes him any less guilty of raping 6 children. We're talking technicality vs spirit here. Yes, technically he was denied a right, I get it I really do, but there has to be some kind of gray area between that and letting a serial child predator walk because somebody didn't dot an i/cross a t.

 

[fabulouslyghetto]

Re: In today's episode of White Privelege-- man walks on 300-year sentence for sex crimes against children

And that is the reason why they should go straight to the electric chair...or maybe the firing squad..

I used to feel that way until that devil psychology got a hold of me and I learned about the cycle of sexual abuse and now I'm not entirely sure, not saying I'm opposed to it either though.

 

[opinterph]

Re: In today's episode of White Privelege-- man walks on 300-year sentence for sex crimes against children

… there has to be some kind of gray area between that and letting a serial child predator walk because somebody didn't dot an i/cross a t.

It is an odd curiosity to note that the guy arrested for Mr. Miranda’s murder (4 years after he was paroled) was read “his Miranda Rights.”

 

[opinterph]

Re: In today's episode of White Privilege-- man walks on 300-year sentence for sex crimes against children

We're talking technicality vs spirit here.

Somebody obviously fucked up.

Who do you think bears the most blame in the McFadden case?

If you’ve done your research, you already know there are some major efforts underway to punish the people responsible for this travesty.

 

[fabulouslyghetto]

Re: In today's episode of White Privilege-- man walks on 300-year sentence for sex crimes against children

Somebody obviously fucked up.

Who do you think bears the most blame in the McFadden case?

If you’ve done your research, you already know there are some major efforts underway to punish the people responsible for this travesty.

Results > effort. There's always an inquisition, an inquiry, and investigation, it seems to be done moreso to quiet public outrage as we so rarely hear about anything coming of this other than a light scolding. To draw a parallel, the person(s) who was responsible for reporting the Texas church shooter's domestic violence arrest and didn't--resulting in him being able to purcahse the weapon he used in the attack, textbook criminal negligence that resulted in multiple deaths including children. Heard there'd be "efforts underway to punish the people responsible," haven't heard two words about it since. I hope you're right but history gives me little cause to be optimistic. Once you get past a certain totem on the pole you just aren't held accountable under the law to the same standards as Joe Bluecollar.

 

[opinterph]

Re: In today's episode of White Privilege-- man walks on 300-year sentence for sex crimes against children

I hope you're right but history gives me little cause to be optimistic. Once you get past a certain totem on the pole you just aren't held accountable under the law to the same standards as Joe Bluecollar.

The punishment will happen at the ballot box with an effort to remove court of appeals judges Jones and Welling. Judge Graham has already retired.

Judge Jones won a retention election in 2016, so he doesn’t face another retention vote until 2024.

Judge Welling was appointed in December 2016 and will face his first retention vote in 2020.​

The judges on the Colorado Court of Appeals are all appointed by the governor from a list of names compiled by a nominating commission. Initial terms last at least two years, after which judges must stand for retention in a yes-no election. Subsequent terms last eight years. [BallotPedia]

In addition, legislators are preparing to amend the relevant Colorado statute to prevent such a release from happening again.