GRAND JUNCTION, Colo. (KKCO/KJCT) A Grand Junction man, whose conviction for molesting children was overturned by the State Court of Appeals, is now facing new charges.
47-year-old Michael McFadden appeared in the federal courthouse in Grand Junction Wednesday morning after authorities arrested him early Tuesday morning.
He has been indicted by a federal grand jury on 5 counts. He is accused of traveling across state lines to engage in sexual acts with children.
The alleged crimes took place between the following time periods: between January 1, 2007 and January 3, 2013, between December 1, 2010 and January 1, 2011, and between December 25, 2012 and January 3, 2013.
We're told these newly filed charges mirror the prior allegations that led to his 2015 conviction.
McFadden was convicted in 2015 by a jury in Mesa County of sexual assault of children. He was sentenced to 324 years to life in prison.
He appealed the conviction, which was ultimately overturned in 2018 because of a technicality.
The Colorado Court of Appeals ruled that McFadden's right to a speedy trial was violated when the presiding judge granted a continuance. The ruling meant that he could not be re-tried in state court.
Mesa County District Attorney Dan Rubinstein issued the following statement regarding McFadden's new indictment: "I was elected by the citizens of Mesa County to represent them and protect them to the best of my ability. Here, my best ability meant reaching out to our federal partners to seek their expertise, and assistance in this matter. After hearing the circumstances surrounding the release of Mr. McFadden, the US Attorney's Office and FBI committed to find a path to justice for our victims. I am grateful for the relationship we have with these federal partners who worked tirelessly with the Grand Junction Police Department to put this case together to protect our citizens."
During McFadden's initial appearance Tuesday afternoon in federal court, he was read his rights and advised of the charges against him.
We are told the judge will decide if he is eligible for bond during his next court appearance, which has not been scheduled yet.
You can count on us to keep you posted on this developing story.