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A man in Colorado who was sentenced to more than 300 years in prison for child sex crimes in 2015, is now walking free after his conviction was thrown out on a technicality.Michael Tracy McFadden, 46, was convicted for 19 counts of sexual offenses, including a habitual sex offender against children, according to KKCO. McFadden was released from the Arkansas Valley Correctional Facility on Tuesday.In June, the Colorado Court of Appeals found that McFadden's right to a speedy trial was violated when the judge in the case granted a continuance. When the court ruled that his statutes were violated, they threw out his conviction."Frankly I'm completely appalled with the decision," District Attorney Dan Rubenstein told KREX. "I find it offensive that our justice system would allow this to happen."Rubenstein explained to KREX that speedy trials are broken down into two categories: constitutional and statual.Constitutional speedy trials have no timeframe, depending on the case. However, in Colorado, statutory speedy right trials require a time frame of six months.Rubinstein told reporters, “Because the error here was that he shouldn’t have been tried longer than six months from the last time he waived speedy trial, there was no remedy for that, and therefore there is no ability to retry him." "The justice system completely failed in this situation. If you've heard the phrase 'got off on a technicality,' this is the phrase to the most stark sense I've ever seen it," said Rubinstein.Reports state that McFadden has been exonerated from all of his charges and does not have to register as a sex offender. 1661
A Jessup, Wisconsin mother said she feels almost back to normal after beating cancer with proton therapy. But she didn't learn about the diagnosis, until it was almost too late. "I feel horrible. I just don't even want to exist right now," Mary Alston said. That's what she told her doctor after her depression started to worsen. Her doctor changed her medication and even increased the dosage, but nothing helped. She decide to take her own life on Christmas eve. "I was just like nobody should have to put up with this then and that's when I decide I was going to take some pills," Alston said. She took a bunch of sleeping pills and drove to a Park & Ride. "Just sit down in my car, lean the seat back, listen to the music and just go to sleep," Alston said. That was her plan, but that's not what happened. "I heard a tap, tap, tap on the window and it was a police officer," Alston said. Her daughter knew something was up and had called police to find her. Alston said she tried to leave but the officer took her to the hospital. "The next thing I remember is waking up at the Washington MedStar," Alston said. She woke up the day after Christmas and found out she had brain cancer because a doctor did a CT scan. "All the people that I’ve talked to have told me that there was no protocol to run a CT or MRI on my head and for whatever reason, Dr. Shack at Howard County literally saved my life by doing what she did," Alston said. At the time, doctors told her it was stage one. She was in surgery the next day to remove the tumor. With its location, she said it all made sense: her depression and mood swings. A few weeks after the surgery, she found out her tumor had been upgraded to state two, meaning radiation. She knew right away that she wanted proton therapy, a very precise form of radiation. "When you deliver a proton beam, you can pick where the tumor is and it will deliver all of that dose and there will be no spread of the dose beyond the tumor," executive director of the Maryland Proton Treatment Center, Dr. Bill Regine, said. "Having a tool like protons, where you can put the dose in and not spread it to other parts of the brain, is extremely powerful."Regine says the center in Baltimore is the only one of its kind in the region. Open for just two years, he says it's the largest and fastest-growing center in the country. "The most exciting thing is that we can impact the lives of cancer patients in a way we couldn't before," Regine said. They have helped almost 1,000 patients Regine says research shows proton therapy increases the cure rate and decreases side effects. It can also be very helpful for pediatric patients. Some other centers have a challenge getting their therapy covered by insurance, but Regine says 85 percent of their patients have had success getting approval because their cost for the therapy is similar or the same as other radiation treatments. There are more than 100 clinical trials happening across the country right now, and he hopes that will provide enough positive research to get 100% insurance coverage. Alston's treatment lasted 6 weeks, and as of April 16, she was cancer-free. She feels almost back to normal and is very grateful. "I'm grateful that my daughter called police. I'm grateful that that doctor ran that scan and I'm grateful to be here today," Alston said. Given the second change, she has a new view of life. "A new spiritual awakening. I feel like God knocked loud and hard on my door and I’m obviously here for a purpose. I’m hoping that my story will help someone else that is going through anything similar," Alston said.She's also used her journey to help others. After realizing that hats to cover hair loss patches are so expensive, she wants to pay it forward."I know how to sew and I’m gonna make hats and caps and wraps and start donating them to people that need them," Alston said. The center, affiliated with the University of Maryland, offers a comprehensive approach with integrative wellness, treating the patient, not just the disease. "It’s one thing to take care of the cancer, but you can’t forget the rest of the patient and what they are going through," Regine said. The program started at the end of January and offers yoga therapy, expressive art, acupuncture and meditation, something Alston found very useful. "It’s a whole health approach so you look at the entire person: mind, body, spirit, all of those different components that fall under those umbrellas. We want to support the whole person," naturopathic doctor, Griffin McMath said. 4758

A man shot by a Cuyahoga County, Ohio Sheriff's deputy near Cleveland on I-90 on Thursday has died.The medical examiner identified the man as Brett Luengo, 33, of Westlake, Ohio. He was transported to MetroHealth Medical Center where he was treated, expired and pronounced dead last night. Luengo was a prominent businessman who was the CEO and Vice President of ConstructAbility Inc., a construction services firm in Westlake.The Hispanic Chamber of Commerce awarded ConstructAbility with an award in 2017.The shooting took place along Interstate 90 near West Boulevard Thursday evening.The scene led to a major police presence and traffic back-up in the eastbound lanes between West 44th Street and West Boulevard.The deputy involved was not injured.Witnesses say the incident started after a single-vehicle crash. The driver then got out of the SUV and was acting both erratically and violently to those trying to help him. Authorities say he was involved in an altercation when the deputy exited his own vehicle. When the deputy approached, the sheriff said Luengo "charged (the deputy) in an aggressive manner.""He kept screaming to shoot him. The cop kept asking him to roll over, put your hands behind your back. The man was not cooperating. He kept trying to get up and attack the police officer, he kept lunging at him," witness Jason Geiger said. "I think what happened at that point he ran out of taser cartridges because at that point he shot the guy."Authorities say the deputy fired one shot. The Cuyahoga County Medical Examiner's Office confirmed the cause of death was a gunshot wound to the chest.The family of Luengo released the following statement on Friday afternoon: 1777
A limousine company and its owner are under scrutiny after a stretch limousine crashed in upstate New York killing 20 people.For unknown reasons, the 2001 Ford Excursion, operated by Prestige Limousine Chauffer Service, plowed through a stop sign and crashed into a parked SUV in Schoharie, New York, last Saturday. Seventeen passengers, who rented the limo for a 30th birthday party at a brewery, and two pedestrians were killed. The limo driver also died. The company's owner, Shahed Hussain, is currently in Pakistan, New York State Police said.Here is what we know about the limo company and its owner: 620
A Ferguson city councilman appears to have defeated the St. Louis County prosecuting attorney who oversaw the controversial grand jury inquiry into the 2014 police killing of unarmed black teen Michael Brown in a Tuesday primary, according to unofficial election results.Wesley Bell would replace Robert McCulloch, who took office in 1991. A former public defender and municipal court judge, Bell, who is black, ran as a reformer and pledged to end cash bail, "create a task force to identify factors leading to wrongful convictions" and increase transparency in the system.McCulloch was criticized for his handling of the investigation into Darren Wilson, the white officer who shot Brown after a brief altercation on a Ferguson street. Wilson was never charged in connection with the case, which eventually touched off a Justice Department probe that accused the police department of systematic racial bias.There is no Republican candidate in the race, so Bell would be all but assured of taking over from McCulloch when his term ends. The unofficial election results show Bell defeating the 7-term incumbent by more than 13 points, with nearly 57 percent of the vote.Bell told The New York Times in an interview before the primary that if he had been in the job after Brown's killing, he would have appointed a special prosecutor."The relationship between the prosecutor's office and law enforcement is so close," he said, "and therein lies the definition of conflict of interest."In a series of tweets after the election results came in, activist DeRay Mckesson, who became a national figure during the Ferguson protests, cheered McCulloch's apparent ouster."Shout-out to all of the activist and organizers who led the grassroots effort to get Wesley Bell elected," he wrote. "People power has impact. #ByeBob" 1827
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