Formerly convicted sex offender remains in jail after first court hearing
A Grand Junction man freed from a more than 300 year prison sentence because of a technicality, only to be re-arrested days later, will remain in jail after he was unable to post bond.
According to our sister station KKTV, a judge in El Paso County maintained Michael McFadden's $1,000 bond Tuesday. He was arrested Friday on an active warrant for failure to register as a sex offender.
McFadden had been released days earlier after a 2015 conviction for sexual assault on a child was overturned. According to the affadavit in the current case. McFadden’s arrest was related to an older sexual assault on a child conviction, which required him to register as a sex offender.
McFadden's lawyer asked for a personal recognizance bond, citing that his mother has cancer and he wants to be there for her. The judge said given the seriousness of sex offenders and his failure to register, he said maintaining the $1,000 bond was reasonable and necessary.
McFadden's lawyer said he has no money to post bond.
McFadden, 46, appealed his 2015 conviction that sentenced to him to more than 300 years in prison, claiming pre-trial delays violated state laws for a speedy trial. In June 2017, the Colorado Court of Appeals ruled in his favor and threw out his conviction.
The Colorado Supreme Court decided on February 12 not to hear the appeal, meaning the lower courts ruling which did not allow the case to be re-tried to stand.