CROWLEY COUNTY, Colo. (WSVN) — A Colorado man convicted of sexual assault against six children has been rearrested after he was released from a 316-year sentence due to a technicality.
According to Fox 4, 46-year-old Michael McFadden was released from jail after a court determined his right to a speedy trial had been violated. McFadden had been convicted in 2015 of molesting six young boys and girls.
McFadden was released Tuesday, after his attorneys appealed his conviction say that delays before his original trial violated Colorado’s speedy trial statutes. The Colorado Court of Appeals ruled that the statutes were violated, and thus threw out his conviction.
The court also ruled that he couldn’t be retried. It was also expected that wouldn’t need to register as a sex offender.
However, according to a follow-up report by Fox 4, Mesa County District Attorney Dan Rubinstein said McFadden must register as a sex offender due to a previous conviction in 1990.
McFadden has since been rearrested for failing to register as a sex offender.
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