Denver, CO - A bill introduced in the Colorado Legislature that became known as the McFadden Loophole law will not be passed this legislative term.
The bill, SB 258, was aimed at closing the legal loophole that allowed convicted child sex offender Michael McFadden to be freed from his more than 300-year sentence for molesting several children along the Western Slope.
The bill was introduced by three state senators, including Western Slope Sen. Ray Scott. But, it was killed off in the House Judiciary Committee on Tuesday, on a 6-3 vote along party lines, All the Democrats on the committee voted to indefinitely postpone consideration of the bill. The bill was opposed by defense attorney groups in the state,
McFadden was freed this past February after the Colorado Court of Appeals ruled he was denied a speedy trial in 2015 under Colorado statutes. The judge in McFadden's trial postponed it after it was revealed a questionnaire used to poll potential jurors may have been tainted. Under current Colorado law, if a postponement ordered by the judge puts the trial off by more than six months, it violates the defendant's right to a speedy trial. SB 258 would have changed the law to state that if a judge feels a trial needs to be postponed to ensure the defendant gets a fair trial, it would not violate the right to a speedy trial.
McFadden is currently being held in jail in El Paso County for failing to register as a sex offender from a previous case.