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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 Georgia school decided on Thursday to reverse its decision it made earlier in the week to end the practice of students participating in the Pledge of Allegiance during all-school assemblies, the Atlanta Journal-Constitution reported. Earlier in the week, Atlanta Neighborhood Charter School said that the pledge would no longer be recited in such assemblies after some parents and students expressed concerns. The school said that it wasn't outright banning the Pledge of Allegiance from being recited during school hours, but moving the pledge to the school's classrooms. “Over the past couple of years it has become increasingly obvious that more and more of our community were choosing to not stand and/or recite the pledge," principal Lara Zelski said, according to the Atlanta Journal-Constitution. "There are many emotions around this and we want everyone in our school family to start their day in a positive manner. After all, that is the whole purpose of our morning meeting.” By late Thursday, backlash from the public and public officials forced the school to reverse its decision. Georgia' Department of Education requires schools to make time for the Pledge of Allegiance, but students are not required to stand or recite it. “Students are offered the opportunity to participate in the Pledge of Allegiance," county superintendent Morcease J. Beasley told the Constitution-Journal. "If they choose to participate or not is their individual and constitutional right and the reason the flag of the United States of America exists. Anything that removes their right to choose to participate as their conscience dictates, in my opinion, is un-American and immoral.”  1740

A man accused of gunning down an international student at the University of Utah on Monday has been captured after an overnight manhunt, authorities in Salt Lake City said.Both Austin Boutain and his wife, Kathleen, are in custody, police said. The couple also were wanted for questioning in connection to the death of a man several days ago in Golden, Colorado, according to University of Utah Police Chief Dale Brophy.Austin Boutain, 24, was arrested Tuesday, Salt Lake City police said in a tweet.The victim in Golden, who has yet to be identified, died within the last three to five days in a recreational vehicle, Brophy said.Golden Police Department Capt. Joe Harvey stressed that the Boutains are persons of interest, and not suspects, in the Colorado death. Details of the death were "cloudy," he said, but there was a nexus between the Utah and Colorado cases and police would like to interview the couple."We just know they were here," he said, speaking in front of the RV where the body was found.Kathleen Boutain, 23, was booked into the Salt Lake City jail until Golden authorities can question her, Brophy said. Inmate records indicate she was charged Monday with theft by receiving stolen property, possession or use of a drug paraphernalia and possession or use of a controlled substance.Before he was captured, Salt Lake City police had asked people Tuesday morning to stay away of the Emigration Canyon area, just a few miles east of the university, as the search for Austin Boutain continued.Around 11 a.m., Salt Lake City police tweeted that the "mountain search for Austin Boutain has been completed" and that the suspect was "still outstanding."Just before noon, the department tweeted that the suspect was in custody.A criminal background check did not yield immediate results for Austin Boutain, though police distributed mugshots indicating he had been arrested in Marion County, Alabama, in the past. Austin Boutain has connections to Minnesota, Wisconsin, Mississippi, Utah and Alabama, said Harvey, who did not elaborate.  2063

A federal judge in California put a temporary stop Thursday to efforts by Stormy Daniels' attorney to depose President Donald Trump and his personal lawyer, Michael Cohen over a 0,000 payout from Cohen to the porn star before the 2016 election.Judge S. James Otero of the US District Court for the Central District of California denied the motion for an expedited trial and discovery process, saying Daniels' attorney, Michael Avenatti, was "premature" in making the motion because Trump and Essential Consultants LLC, the company established by Cohen to pay Daniels the 0,000 to keep quiet about an alleged affair between her and Trump, have not yet filed a petition to compel arbitration, which they have stated they're going to do.Avenatti tweeted that he intends to refile the motion as soon as Trump, Cohen and the company "file their motion to compel arbitration seeking to hide the facts from public view. We expect this any day."In his decision, Otero admonished the parties, writing that "instant litigation is not the most important matter on the court's docket." He also vacated a hearing date previously set for April 30.In the motion he filed earlier this week, Avenatti requested to depose both Trump and Cohen, who was added this week as a defendant in the lawsuit, for "no greater than two hours."The request also asked for "targeted requests for the production of documents directed to Mr. Trump and Mr. Cohen on various topics relating to the hush agreement."Avenatti laid out questions he'd like answered, including whether Trump knew about the hush agreement and the scope of his involvement, where the payment came from, what Cohen's role was, and whether Trump consented to the agreement and was involved in efforts to silence Daniels "to benefit his presidential campaign by preventing voters from hearing Plaintiff speak publicly."The motion is the latest in the legal battle between Daniels, an adult film actress whose real name is Stephanie Clifford, and Cohen, Trump, and the limited liability company Cohen created to pay her to keep quiet about the alleged affair with Trump more than a decade ago.Daniels said she was pressed to sign the document, and her legal team now says the agreement is invalid because it was never signed by Trump.On Monday, Daniels' legal team amended her lawsuit to include a defamation claim against Cohen. Daniels' friend and fellow adult film actress Alana Evans, who has publicly tried to corroborate Daniels' claims of an affair, also said she will file her own defamation claims by the end of the month.Trump continues to deny that he had an affair with Daniels, White House deputy press secretary Raj Shah said Monday afternoon. 2756

A chalk art controversy at Cleveland State University is getting national attention online.A group of students created a memorial for the victims of 9/11 on the sidewalks outside the CSU student center. On the morning of the somber anniversary, the university's maintenance crew removed the murals with a power washer.Now CSU and the head of its maintenance department are getting blasted on social media. The comments and reaction have not been good.But what is being lost in the online outrage is that this form of expression is actually not allowed on campus.CSU sophomore Tiffany Roberts pointed out the streaks of color that remain on the sidewalk outside the CSU Student Center Wednesday."So right here, we had two twin towers and it said 'pause,'" said Roberts.She was standing near her project on the morning of Sept. 11 when a crew showed up with a power washer."It was really disheartening to see all of our hard work kind of wash away like that," said Roberts.Roberts, along with nearly a dozen of her classmates, are members of a conservative campus group."Our whole intention was to just honor those people," said Donato Nunez.On Sunday night, they used chalk to pay their respects to the victims of 9/11."I looked through the handbook to make sure it was OK for me to chalk on campus," said Roberts.Roberts told WEWS she didn't see anything about chalk."The only thing I found was that you are not allowed to attach anything to the sidewalks or the pavements," said Roberts.Monday morning, the CSU Director of Facilities Management, who also happens to be Muslim, sent a crew out to wash the artwork away.A handful of conservative websites, along with social media, quickly erupted with outrage, alleging that it may have been politically motivated. "Absolutely disgusted by this!" wrote one Facebook user. "People can desecrate the American flag, people can refuse to stand for the national anthem, they organize Rally's to keep others from using the freedom of speech, and all that's ok... Students work hard in drawing an American flag on Sept 11th, it gets washed away, on the order of an Islamic man, and that's ok! Exactly what's wrong with this country!"Now some members of the conservative campus group acknowledge the rumors got out of hand by social media users who were unfamiliar with the facts.  "It just looks so bad, and we didn't want that," said Nunez.Cleveland State said this has nothing to do with religion and it does not allow students to use chalk to express themselves on campus. The crew was just doing its job and following protocol."People were trying to make us look bad, they were just going off facts they didn't know," said Nunez.Roberts met with the VP of Student Affairs hours after the murals were washed away.“At the end of the meeting we both agreed upon that the handbook needs to be changed, and that organizations need to be more aware that this is something that is not allowed on campus," said Roberts.Cleveland State issued the following statement: 3057

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