Justice for All: Local group working to oust Colorado judges who freed convicted child rapist on a technicality after being sentenced to 300+ years ( pizzagate )

submitted by Factfinder2

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

Group working to stop retention of judge who freed formerly convicted sex offender

By Joey Prechtl

Posted: Mon 9:47 PM, Apr 09, 2018 |

Updated: Tue 10:58 AM, Apr 10, 2018

GRAND JUNCTION, Colo. (KKCO/KJCT)-- A local group is trying to oust the judges who overturned a more than 300-year sentence for a man convicted of sexually assaulting several children.

The group known as 'Justice For All' is looking to start a statewide campaign to stop the reelection Judge Craig Welling in 2020. He was one of the judges involved in releasing Michael McFadden because his right to a speedy trial was violated. The group met for the first time Monday night at Grand Junction City Hall.

"It was really shocking for me to think that there are judges out there when faced with putting the rights of a convicted pedophile over the rights of child victims at the end of the day. That's not acceptable to me,” said Heather Benjamin, the group’s co-chair.

They want Welling ousted because of timing.

"He wanted to set a new jury pool and that couldn't be done in that six-month timeframe of a speedy trial,” said group organizer Janet Rowland.

The group also plans on going after Judge Jones who is up for retention in 2024 . The third judge is retired , and while 2020 is still a couple years Rowland said justice never sleeps.

"In fact, we may even be behind the ball. We need to raise money and we're looking to raise $1 million plus dollars for this statewide race,” said Rowland.

They believe the rights of a convicted sexual predator were put before the rights of the victims.

"We'll be looking to find representation from all 64 counties to get our message out,” said Rowland.

Calls to Judge Welling and the Colorado Judicial Department were not returned.

Justice for All does have a website with information about the case and details for people who want to volunteer or donate.

Justice for All website: https://www.justiceforallcolorado.org/

The Colorado Attorney General has petitioned the State Supreme Court to review the case: https://docs.wixstatic.com/ugd/ab952a_9ce9a659d960400280c61c3065f37cd4.pdf

The released pervert was rearrested for not registering as a sex offender in connection with a child sexual assault conviction from 1990: http://www.kktv.com/content/news/Colorado-man-sentenced-to--475480273.html

urbanmoving

They do this all the time a pedo who gets a long sentence gets magically released and recruited for operations it happens time and again they try to make it look accidental

Factfinder2

Yes, so true. Case after case is sabotaged by people in power. People need to stand up and do something about it--like the people at Justice for All are doing.

DeathToMasonsASAP

Oh lookie here, just as expected, nearly 12 hours up and zero views, and 2 upvoats including mine. This damn gum voat seems to malfunction to threads like these, don't it?

MelatoninDreams

"They believe the rights of a convicted sexual predator were put before the rights of the victims."

Sorry, in civilized countries the legal system is supposed to err on the side of the defendant. If you don't like it, then kidnap the guy, take him to South Apefrica, and necklace him.

derram

https://archive.fo/4e93R :

Ringling Circus Hired Private Eye To Infiltrate PETA, Fairfax Jury Told

This has been an automated message.

new4now

Is this correct?

The Defense Lawyer and Prosecutor agree on a delay with some questionnaire

since the Defendant didn't come out and agree of the delay

his rights to a speedy trial were infringed and he gets a pass on his charges?

Did not the man hire the Lawyer to be his speaker?

Factfinder2

I found a link that explains it better and changed my post. Thanks for requesting a clarification. Basically, the judge screwed up and the defense took advantage of that.

http://www.wrdw.com/content/news/Formerly-convicted-sex-offender-freed-by-technicality-475680123.html

"The Colorado Court of Appeals ruled that McFadden's statutory right to a speedy trial was violated when the presiding judge granted a continuance.

That matters because McFadden has prior sexual offenses.

"Because those facts were coming in, the defense had submitted a jury questionnaire, which addressed his prior conduct on whether or not they could be fair," said Rubinstein.

Rubinstein said the judge didn't read the questionnaire until halfway through the new jury selection, and when he finally did, the judge decided McFadden couldn't get a fair trial. So, he granted a continuance.

"The defense objected and asserted their right to a statutory speedy trial," said Rubinstein.

It's that continuance that led to a Colorado Court of Appeals to overturn his conviction, ruling his right to a speedy trial was violated."

DeathToMasonsASAP

More like the judge intentionally "screwed up" on queue, and the defense did their part in taking advantage of it.

VoatisCIA

Great post!!!!!! Upvoat!!!!!

Factfinder2

Thanks!

new4now

so it was the first judge responsible for him getting off?

Factfinder2

It looks like the first judge screwed up by failing to read a pertinent document until halfway through the jury selection. When he got around to reading it, he basically found that if he had read it before jury selection began, the jury screening questionnaire would have been different. He ruled that McFadden couldn't get a fair trial if it included the jury members who had already been selected using the questionnaire, and so he ordered a continuance, presumably to allow time to restart the jury selection process with a different questionnaire. At the trial, McFadden was found guilty and appealed the decision. At appeal, the defense argued that the continuance had caused an unfair delay and infringed on McFadden's right to a speedy trial. The appeals judges agreed.

There's more to it, and finer details can be read here in the prosecutor's request for a special review: https://docs.wixstatic.com/ugd/ab952a_9ce9a659d960400280c61c3065f37cd4.pdf

think-

I wish them good luck. I hope they will be successful.

YogSoggoth

That was what I was thinking too. Always need more on your side. Probably would not want to send them pictures of our weird stuff. I suggest intermediate material to get them really scared.

thelma

Technicalities are my only defense at criminal trials.

Never convicted yet, technically speaking.

hang_em_high

How many criminal trials are you at? What's the sample size on this deal?

thelma

352