Link to news article: http://www.kjct8.com/content/news/Bill-would-close-justice-system-loophole-that-freed-formerly-convicted-pedophile-481994741.html

" Bill would close justice system loophole that freed formerly convicted pedophile

Bill Could Close Loophole That Let Michael McFadden Frfee

By Joey Prechtl | Posted: Mon 8:47 PM, May 07, 2018 | Updated: Mon 10:47 PM, May 07, 2018

MESA COUNTY, Colo. (KKCO/KJCT) A bill in the state legislature is aiming to close a loophole in the justice system. It allowed formerly convicted child molester Michael McFadden out of his 300 plus year conviction.

It happened because the defense argued that his right to a speedy trial was violated when a judge issued a continuance.

Mesa County District attorney Dan Rubenstein talked to State Senator Ray Scott about coming up with legislation to make sure this kind of thing never happens again.

Critics are saying this is a knee-jerk reaction bill that'll hurt other Coloradans.

Formerly convicted pedophile, Michael McFadden walks as a free man today because of a technicality.

“This goes back to my concern is about the victims in the cases, it’s not about the defendant because in this case he was convicted by a jury of his peers,” said Scott over the phone.

A bill sponsored by Senator Scott is trying to close a speedy trial loophole.

When it comes to the McFadden case, he got out because too many continuances were issued and the defense never waived their right to a speedy trial.

"We're trying to close that so we never have something happen like this again,” said Scott.

In the speedy trial statute, there is a list of things that don’t count against the defendant’s speedy trial rights. The bill would add the time if a continuance is issued by the court to the list. The court must find though that the continuance is needed so that the defendant's constitutional rights are protected.

"We said we're not going to live with that and close that loophole,” said Scott.

Mesa County Resident Michael Day isn’t a fan of this bill.

"I think this is a knee jerk reaction to public sentiment and a poorly written bill,” said Day. "Instead of drafting legislation such as this, we should be focused on how to put this guy back behind bars.”

Day said this bill has long term consequences for all Coloradans. Scott said it'll actually help protect people in the future.

"There are several layers when you get into this that people get a tremendous amount of leeway on the speedy trial statute. We want to tighten that up so this never happens again,” said Scott.

Day said there's no doubt McFadden should be behind bars.

"I'm concerned, I want this guy back in jail,” he said.

The bill the way it's currently written is a slippery slope according to him.

"This is a feel good bill,” said Day.

The bill has to move quickly because the general session ends on Wednesday and any bill introduced in 2018 must be heard in 2018. Otherwise it'll need to be re-introduced next year.

Rubenstein approached Scott about this issue. He was unavailable for an interview because he's heading to Denver to testify on behalf of this bill.

All bills signed into law by Governor John Hickenlooper would take effect pretty quickly. This would happen on August 1st.

The bill is heading the House Judiciary committee. Their next meeting is scheduled for Tuesday, May 8th at 1:30pm.

Mcfadden was originally convicted on 19 counts of sexual offenses. He was serving more than 300 years.

He was freed when the appellate court ruled his right to speedy trial was violated. The Colorado Supreme Court decided not to hear the appeal from the Mesa County District Attorney’s office.

There is a grassroots effort to get one of the judges that ruled in favor of McFadden off the appellate court. Here is a link to that story, "

http://www.kjct8.com/content/news/Group-looks-to-start-campaign-against-retaining-judge-who-overturned-McFaddens-conviction-479225383.html