Michael McFadden is out of jail after he was convicted in 2015 of sexually assaulting six children.
SOURCE: MIAMI HERALD
March 01, 2018
Updated March 01, 2018
In 2015, a jury found Michael McFadden guilty of sexually assaulting six children.
The 46-year-old man from Grand Junction, Colorado, was sentenced to more than 300 years in prison after the prosecution argued that he gained the trust of families before molesting their children.
“He befriends people who have young kids and then he gets into a situation where he has access to those kids,” prosecutor David Waite told The Daily Sentinel, “and he grooms them pretty heavily.”
Waite added that there were “a couple ugly incidents” at a nearby river dam.
But despite his conviction, which included a count of being a habitual sex offender against children, McFadden is now a free man — and doesn’t have to publicly register as a sex offender, according to KREX. He argued that his trial violated the state’s speedy trial statutes, which requires certain cases in the state to be completed within six months.
The Colorado Court of Appeals ruled in favor of McFadden in June, according to KKCO. The state’s Supreme Court decided in February that it wouldn’t hear the appeal. That means the lower court’s decision stood and McFadden’s conviction was thrown out.
He was released from jail on Tuesday and cannot be retried, per the court’s ruling.
Mesa County District Attorney Dan Rubinstein wrote in an email to The Daily Sentinel that he is “appalled” that McFadden, who was set for a life behind bars, is now a free man.
“I am appalled that our justice system, in which 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,” he wrote, “yet the Court of Appeals vacated the convictions after finding that the trial court’s efforts to protect the defendant’s constitutional rights to a fair trial violate an arbitrary statutory right that the defendant had waived on two prior occasions.”
Rubenstein argued that the defense for McFadden twice waived its client’s right for a speedy trial by asking for a postponement — or continuance — while making additions to the questionnaire that would help find jurors, according to KREX.
During jury selection, the presiding judge noticed the questionnaire brought up McFadden’s past sexual offenses, according to KJCT. The judge, who hadn’t read the questionnaire beforehand, argued that McFadden couldn’t receive a fair trial because of that and sought a third postponement.
McFadden then argued his speedy trial rights.
The ruling from the Court of Appeals said McFadden “cannot be charged with the trial delay” because McFadden “did not agree to or otherwise occasion a necessary continuance.”
Kathi Raley, the victim assistance coordinator at the District Attorney’s Office, said McFadden’s release has frightened his victims and their families.
“I can’t even imagine the terror that these kids are now feeling,” she told WesternSlopeNow. “(I’ve received) several voicemails from mothers of victims who legitimately are fearful for their children and their children’s safety.”
McFadden’s name does not appear on the state’s sex offender registry.
Next time do a no notice raid early in the morning.
Via Fox News:
The Department of Justice is looking into whether Oakland Mayor Libby Schaaf obstructed justice by warning Northern California residents of an impending raid by U.S. Immigration and Customs Enforcement (ICE).
The agency’s acting director, Thomas Homan, told “Fox & Friends” Wednesday morning that the DOJ is “reviewing” whether Schaaf broke any laws by telling her constituents ICE would be raiding the area in order to arrest people violating federal immigration laws.
Schaaf, a Democrat, posted the warning to Twitter Saturday, writing that “multiple credible sources” told her the immigration agency was “preparing to conduct an operation in the Bay Area, including Oakland, starting as soon as” Sunday.
ICE arrested more than 150 people “in violation of federal U.S. immigration laws” in the San Francisco Bay Area following Schaaf’s warning, the agency said Tuesday.
Homan in a statement said that 864 illegal immigrants and public safety threats “remain at large in the community” and blamed Schaaf’s warning for their ability to dodge arrest.
“What she did is no better than a gang lookout yelling ‘police’ when a police cruiser comes in the neighborhood, except she did it to a whole community,” Homan told “Fox & Friends.” “There’s over 800 significant public safety threat criminals … that we are unable to locate because of that warning, so that community’s a lot less safe than it would’ve been.”
The mayor stood by her controversial warning, with a follow-up tweet Tuesday stating that “It is Oakland’s legal right to be a sanctuary city and we have not broken any laws. We believe our community is safer when families stay together.”
This week, ‘Full Measure’ host and former CBS correspondent Sharyl Attkisson, accused the Obama Justice Department of secretly switching out her computer hard drive.
Re: My govt. computer intrusions…What would you think if I told you the hard drive of one of my personal computers was secretly switched out w/another while in custody of the Justice Dept. Inspector General– before they gave it back to me? (Tick-tock.)” tweeted Attkisson.
PJ Media reports:
You may recall that Attkisson’s computer was hacked back in 2012 while she was working for CBS and reporting on the Benghazi scandal. CBS News spokeswoman Sonya McNair said at the time that a cybersecurity firm hired by CBS News “has determined through forensic analysis” that “Attkisson’s computer was accessed by an unauthorized, external, unknown party on multiple occasions in late 2012.”
“Evidence suggests this party performed all access remotely using Attkisson’s accounts,” McNair said. “While no malicious code was found, forensic analysis revealed an intruder had executed commands that appeared to involve search and exfiltration of data. This party also used sophisticated methods to remove all possible indications of unauthorized activity, and alter system times to cause further confusion. CBS News is taking steps to identify the responsible party and their method of access.”
The investigative reporter is currently “seeking $35 million in damages,” after the Obama administration allegedly spied on her computer.
SOURCE: THE GATEWAY PUNDIT
It’s not a new thing. And some have warning signs outside, letting potential people know they are not going to have an easy time of it.
Via Town Hall:
In the aftermath of the school shooting in Parkland, Florida, President Trump has repeatedly proposed hardening schools by allowing teachers to carry firearms in their classrooms. This doesn’t mean teachers would be forced to do so, but those willing to go through training and take on the responsibility should have the option.
The proposal has been met with praise and criticism from many, but it should be noted this isn’t a new or alien concept. School districts around the country already have polices allowing teachers to carry firearms, enabling them to combat a violent threat should one show up on campus.
Nobody cares, Tubby.
In a fury over Nikolas Cruz’s shooting rampage at Marjory Stoneman Douglas High School in Parkland, Florida, Leftist filmmaker Michael Moore joined the chorus of voices on the Left blaming the NRA for the murders. He tweeted Friday: “The NRA is a terrorist organization. The media should speak of the NRA in the same way they do ISIS.”
Piling on the implausibility, he added: “Total ISIS-inspired deaths in US = 79. Thanks to the NRA & the politicians they buy, we’ve had 1.2 MILLION American gun deaths since John Lennon was shot dead in NYC #NRAKillsKids.”
Moore’s figures — 79 deaths “inspired” by ISIS, 1.2 million “thanks to the NRA,” — are a breathtakingly tendentious oversimplification. But even taking them at face value, his equivalence is absurd. Michael Moore demonstrates that he knows nothing about either the NRA or the Islamic State (ISIS).
“If we didn’t have our guns and have them loaded, we’d be telling a different story,” says Jeff Sagmeister. Sagmeister and his wife, both in their 70’s, were at home watching TV when they were confronted by a hostile intruder, later identified as Dechawn Wallace when police located him at a local hospital with gunshot wounds. Wallace was on parole and has an “extensive history of violence and crime.”
A parolee accused of breaking into a Hemet home and attacking two seniors, who shot the ex-con in self-defense, was charged Tuesday with attempted robbery and other felonies.
Dechawn Lewis Wallace, 27, of Moreno Valley, was arrested last Feb. 13 following the alleged break-in on State Street near the Ramona Bowl.
Wallace is has pleaded not guilty to charges of burglary — with an enhancement that the victim was disabled — attempted robbery and two counts of elder abuse, with a sentence-enhancing allegation of committing a serious crime within five years of parole from state prison.
The defendant is being held without bail at the Cois M. Byrd Detention Center in French Valley.
Someone needs to bust this mayor for obstruction.
Via Daily Caller:
Acting ICE director Thomas Homan harshly criticized Oakland mayor Libby Schaaf Wednesday for warning illegal immigrants that the agency was planning a detention operation.
“What she did is no better than a gang lookout yelling police when a police cruiser comes to the neighborhood except she did it to entire community of the this is beyond the pale,” Homan declared in a Fox News interview. “This is a whole new low to intentionally warn criminals that law enforcement is coming. I can’t believe it happened.”
“She intentionally put law enforcement officers at risk. Being a law enforcement officer is dangerous enough. But to give criminals a head’s up we’re coming next 24 hours, increases the risk.” He continued that “there are 800 we were unable to locate because of that warning. That community is a lot less safe than it would have been.”
Schaaf warned Bay Area residents Sunday night that she had been tipped off to a forthcoming immigration enforcement raid targeting illegal immigrants who have committed crimes. The mayor is unapologetic telling the Washington Post Tuesday “I think it’s my responsibility as a person in power and privilege to share the information I have access to, to make sure people know what their rights are.”
But they did get 150 including a really dangerous character, despite her putting agents at risk.
Via Daily Caller:
U.S. Immigrations and Customs Enforcement (ICE) arrested more than 150 illegal immigrants throughout the week even though Democratic Oakland Mayor Libby Schaaf sent out a warning of a possible raid Saturday.
ICE began arresting people one day after Schaaf’s warning message as part of a”targeted immigration enforcement operations,” according to Fox News. Around half of the illegal immigrants arrested have past criminal history, including assault and weapons charges as well as other violent crimes.
- One of the illegal immigrants arrested in the sweep is a well known gang member who has served over 15 years of prison time and has been deported by ICE four times. He was arrested Sunday.
SOURCE: WEASEL ZIPPERS
The Broward campus deputy widely lambasted for not entering Marjory Stoneman Douglas High during the massacre that killed 17 people insists he is no coward — and that he did not initially believe that gunfire was happening inside the building.
If you’re a cop stationed at a school for their safety – not yours – and you hear gunfire, whether you can’t tell if it’s coming from inside or outside, you have a moral obligation to check it out and make sure your charges are safe, protocol be damned.
Let me make it a little clearer: You are there for no other reason than their safety. Got it? You’re not there because it’s a cushy job and you’re close to retirement. You are there for their safety.
SOURCE: Weasel Zippers
The day after the shooting on Thursday morning the local FBI chief responded to the reports of a threat shooter Nikolas Cruz made on YouTube in 2017.
Nikolas Cruz, the suspect in Wednesday’s horrific massacre at a Florida high school, was allegedly reported to the FBI in September after he left a comment on a bail bondsman’s YouTube channel saying that he was going to be a “professional school shooter.”
“Nikolas Cruz” posted this comment on YouTube.
On Thursday morning the local FBI chief Robert F. Lasky responded to reports of the online threat made by killer Nikolas Cruz.
Lasky: “We do not know if it was the same person. We, through our database checks, we could not positively identify him. We’re going back. We’re scrubbing the information. We’re looking at it again. I am not willing to say at this time that it was the same person.”
The YouTube comment was posted by “Nikolas Cruz” – spelled with a ‘K” – and yet the FBI said they didn’t know if it was the same person?
THIS WAS A LIE….
Killer “Nikolas Cruz” used his real name on YouTube.
Killer Nikolas Cruz ALSO used his real name on Instagram where his account is loaded with several photos of Cruz in a mask with a gun.
His Instagram account stretched back from 2015 through 2017.
Cruz likely used his real name and photos on Facebook too.
The account was taken down immediately after the shooting.
The FBI lied.
On that Friday the FBI admitted they dropped the ball on Nikolas Cruz.
And now two weeks later the FBI admitted they never looked into the YouTube threat by Nikolas Cruz. They never even called YouTube.
They didn’t call Facebook or Instagram either.
They didn’t bother.
And today 17 people are dead in Parkland, Florida.
SOURCE: The Gateway Pundit
PICTURES BELOW WERE STOLEN OFF THE INTERNET AND POSTED BY PAPA MIKE AND NOT FROM THE SOURCE OF THIS ARTICLE …..
McCarty introduced his bill after five California school districts chose to allow teachers and/or staff with concealed carry permits to be armed on campus to defend themselves and their students.
The five districts were Kern High School District, Kingsburg Joint Union High School District, Folsom Cordova Unified School District, Anderson Union High School District, and Palo Cedro’s North Cow Creek School District.
Breitbart News reported that McCarty justified his push to disarm teachers by saying, “A safe learning environment is essential for our children to be successful in the classroom. That’s not possible if a school district allows armed civilians to roam California school campuses.”
The Los Angeles Times reports that the Firearm Policy Coalition (FPC) opposed the bill and the idea of rendering teachers defenseless.
The FPC said: “The constitutional right to bear arms is based on the fundamental human right to self-defense. AB 424 undermines these very important principles based on little more than a whim.”
Brown also signed legislation expanding the list of persons banned from gun ownership in California. Newly prohibited persons include those found guilty of misdemeanor hate crimes.
That bill is aimed at people “using force or the threat of force to interfere with another person’s free exercise of any constitutional right because of the other person’s race, religion, gender, or sexual orientation.”
California has universal background checks, gun registration, and firearms confiscation laws. The confiscation laws include a prohibited purchasers list, which Democrats have been steadily expanding as opportunities present themselves.
SOURCE: TRIBUNIST DAILY
Just “Genius” This women without a doubt has DEMENTIA!……Papa Mike
In case you missed it, House Minority Leader Nancy Pelosi is on a whirlwind national tour right now, making more than 100 stops around the nation to “educate” people on why the recent GOP tax cuts are such a terrible deal for less affluent Americans. This seems like a case of rather odd timing, particularly when you consider that even the New York Times was forced to concede this week that the country is, by and large, enjoying the results quite a bit. Perhaps Pelosi missed that or she may just be doing her best to fight the wave of approval with some opposition messaging.
SEE ALSO: Trump considering age limits on gun purchases?
During her stop in Phoenix, however, the hypocrisy on display became a bit too much for some in the crowd. Pelosi decided to lecture the audience on the evils of excessive wealth, invoking Martin Luther King Jr. to preach about God’s intentions regarding personal wealth. That might have been an inspirational moment in the right setting and coming from an appropriate speaker. But as at least some hecklers in the audience realized, they probably should have found somebody with at least a smaller collection of mansions to deliver it. (Washington Times)
House Minority Speaker Nancy Pelosi’s net worth was off limits Tuesday during a town hall meeting in which she cited Martin Luther King Jr. to condemn “inordinate wealth.”
After being asked about her net worth, Pelosi quickly shouted down the questioner, claiming that as a mother of five, she “can speak louder than anybody.” Here’s the too-good-to-miss video
You can say one thing for all of those rich Republicans at least. They’re generally neither shy nor apologetic about being successful. When Mitt Romney was hit on the campaign trail over his wealth, he simply told the country that he wanted them to have the chance to be just as well off.
Over 15 million Americans carry firearms legally, yet, very, very, very few ever have neglgent discharges, or do anything wrong with that weapon. Also, as Tom Knighton points out in districts that do allow armed teachers, there have been no incidents.
Do something? Yes, tighten background check records. And accept the reality that self-defense is a good thing, and that being a disarmed victim is not somehow morally supperior to be armed.
SOURCE: THE DALEY GATOR
The cries of “do something” from the left have all been about curbing rights of the law abiding. This is all too predictable because the left never wants a good crisis to go to waste do they? But one Colorado school district is going to take steps that address the need for better security
The news following the Parkland massacre has focused primarily on efforts to impede the rights of people who had nothing at all to do with Parkland. The anti-gun left wants to inhibit the rights of law-abiding citizens in some misguided effort to stop the next shooting, which will still happen no matter what you do.
However, a small school district in Colorado is addressing the situation differently. They’re expanding gun rights in an effort to combat school shootings. And not just any expansion, but one that will directly impact these kinds of shootings.
A rural Colorado school district decided Wednesday night to allow its teachers and other school staff to carry guns on campus to protect students.
The Hanover School District 28 board voted 3-2 to allow school employees to volunteer to be armed on the job after undergoing training.
The district’s two schools serve about 270 students about 30 miles southeast of Colorado Springs, and it takes law enforcement an average of 20 minutes to get there. The district currently shares an armed school resource officer with four other school districts.