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Federal grand jury indicts man whose child sex assault conviction was overturned on technicality

Michael McFadden's 2015 conviction on 19 charges was overturned due a speedy trial violation and he was set free.
Credit: KUSA
Michael McFadden's state conviction for child molestation was overturned by the State Court of Appeals

GRAND JUNCTION, Colo. — A federal grand jury has returned a five-count indictment against a truck driver whose previous state conviction for child molestation was tossed out by the State Court of Appeals on a technicality.

The grand jury in Grand Junction charged Michael McFadden with traveling across state lines to engage in sexual acts with children, according to U.S. Attorney Jason Dunn and FBI Denver Special Agent in Charge Dean Phillips. 

McFadden was arrested at about 8 a.m. Tuesday morning.

He was transported to the federal courthouse in Grand Junction where he made his initial appearance Wednesday morning.

According to the indictment returned by the grand jury on May 17, 2019:

  • Between December 25, 2012 and January 3, 2013, McFadden allegedly crossed state lines with the intent to engage in a sexual act with a person was under 12 years old
  • Between December 25, 2012 and January 3, 2013, McFadden allegedly transported the minor across state lines with intent to engage in sexual activity
  • Between December 1, 2010 and January 1, 2011, McFadden allegedly crossed state lines with the intent to engage in a different sexual act with another person, who was under age 12
  • Between December 1, 2010 and January 1, 2011, McFadden allegedly transported the minor across state lines with intent to engage in sexual activity
  • Between January 1, 2007, and January 3, 2013, McFadden again allegedly transported a minor across state lines with the intent to engage in sexual activity

A Grand Junction jury convicted McFadden on 19 counts of sexual assault on a child in 2015 in state court. He was sentenced to 324 years to life.

He appealed his convictions and ultimately prevailed due to a speedy trial violation, which meant he could not be re-tried in state court. He was set free in 2018. 

He now has been indicted by a federal grand jury.

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