Blindly retaining judges in Colorado sets a precedence for future criminal cases. When judges free convicted pedophiles on a technicality allowing them to live among our children - we think it matters.
We stand together.
We will vote to NOT RETAIN judge Craig Welling.
Background:
Michael McFadden was charged with sexually assaulting 6 children and being a habitual sex offender against children. The trials of all of these victims were consolidated.
On two previous occasions, the defense asked for a continuance and waived his right to a speedy trial in order to secure the continuance.
Prior to the third trial date, a jury questionnaire was distributed to the jury pool, which was drafted by the defense and referenced Mr. McFadden's prior offense of sex assault on a child.
After the questionnaire had been distributed to the jury pool, the judge noticed the reference to the prior offense, and a discussion ensued about whether the defendant could receive a fair trial with the reference.
The trial court, therefore, was left with a Sophie’s choice: it could either (1) proceed to trial on schedule and select a jury from a tainted pool; or (2) continue the trial and select a jury from a fair and unbiased pool.
The court of appeals chose to rule in favor of the defendant. They did so, even while acknowledging that prior precedent did exist - in People v. Jefferson, 981 P.2d 613 (Colo. App. 1998)- which found that "under certain circumstances, the six month speedy trial time frame will be extended where reasonable delay is necessary to protect other fundamental constitutional rights of the defendant." Despite that, they chose not to extend that precedent here, and released a pedophile back on the streets.
Of the three judges who made this despicable decision, two remain on the bench:
- Craig Welling- up for retention in 2020
- Jerry Jones- up for retention in 2024
Updates
October 15, 2020
The stories shared in the comments reflect a serious concern for the safety of our children within the legal system. These experiences confirm that the decision to overlook established precedent has lasting consequences for families. I am currently compiling these accounts to ensure that the gravity of this situation is clear when I present it to the relevant oversight committees.
October 15, 2020
The steady growth of this petition shows how many people are deeply troubled by the precedent set in this case. This momentum suggests that our concerns about judicial accountability are shared by a much broader community than I initially imagined.
Reached 100 supporters
October 15, 2020
30 Comments
I am proud to see this effort. Welling is the first in a series of Colorado judges who should be ousted. A clear message needs to be sent. Thank you!
These irresponsible decisions put the general public at risk. Our Judges are there to serve and protect. If they can't keep dangerous criminals off the street, then we need someone who can!
This was the defense team's doing! Penalize the attorneys not the victims! Pathetic!
Pedophiles cannot be rehabilitated. Where is the justice for the kids, the lives he has forever damaged? Is the State willing to pay for all of their counseling they're going to need for the rest of their lives because of this man?
This is sick, just because he dint get a speedy trial DOSENT MEAN HE DID NOT COMMIT THE CRIME. The law is ran by criminals!!!
What happened to YOU is common and what goes on in Courts all over America today. Judicial Corruption is at epidemic levels. Millions of people are victimized by DIS honorable, judges who are really criminals who hide like cowards behind undeserved impunity and authority. Police, FBI and DOJ ignore the cries and evidence provided against these criminals. See uglyjudge.com and courtvictim.com
Put him in prison.
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Blindly retaining judges in Colorado sets a precedence for future criminal cases. When judges free convicted pedophiles on a technicality allowing them to live among our children - we think it matters.
We stand together.
We will vote to NOT RETAIN judge Craig Welling.
Background:
Michael McFadden was charged with sexually assaulting 6 children and being a habitual sex offender against children. The trials of all of these victims were consolidated.
On two previous occasions, the defense asked for a continuance and waived his right to a speedy trial in order to secure the continuance.
Prior to the third trial date, a jury questionnaire was distributed to the jury pool, which was drafted by the defense and referenced Mr. McFadden's prior offense of sex assault on a child.
After the questionnaire had been distributed to the jury pool, the judge noticed the reference to the prior offense, and a discussion ensued about whether the defendant could receive a fair trial with the reference.
The trial court, therefore, was left with a Sophie’s choice: it could either (1) proceed to trial on schedule and select a jury from a tainted pool; or (2) continue the trial and select a jury from a fair and unbiased pool.
The court of appeals chose to rule in favor of the defendant. They did so, even while acknowledging that prior precedent did exist - in People v. Jefferson, 981 P.2d 613 (Colo. App. 1998)- which found that "under certain circumstances, the six month speedy trial time frame will be extended where reasonable delay is necessary to protect other fundamental constitutional rights of the defendant." Despite that, they chose not to extend that precedent here, and released a pedophile back on the streets.
Of the three judges who made this despicable decision, two remain on the bench:
- Craig Welling- up for retention in 2020
- Jerry Jones- up for retention in 2024
Updates
October 15, 2020
The stories shared in the comments reflect a serious concern for the safety of our children within the legal system. These experiences confirm that the decision to overlook established precedent has lasting consequences for families. I am currently compiling these accounts to ensure that the gravity of this situation is clear when I present it to the relevant oversight committees.
October 15, 2020
The steady growth of this petition shows how many people are deeply troubled by the precedent set in this case. This momentum suggests that our concerns about judicial accountability are shared by a much broader community than I initially imagined.
Reached 100 supporters
October 15, 2020
30 Comments
Judges who cannot make calls on behalf of victims (past and future) should not be retained. Kick these guys to the curb and put some decision makers in place who actually serve on behalf of justice.
I am proud to see this effort. Welling is the first in a series of Colorado judges who should be ousted. A clear message needs to be sent. Thank you!
These irresponsible decisions put the general public at risk. Our Judges are there to serve and protect. If they can't keep dangerous criminals off the street, then we need someone who can!
This was the defense team's doing! Penalize the attorneys not the victims! Pathetic!
Pedophiles cannot be rehabilitated. Where is the justice for the kids, the lives he has forever damaged? Is the State willing to pay for all of their counseling they're going to need for the rest of their lives because of this man?
This is sick, just because he dint get a speedy trial DOSENT MEAN HE DID NOT COMMIT THE CRIME. The law is ran by criminals!!!
What happened to YOU is common and what goes on in Courts all over America today. Judicial Corruption is at epidemic levels. Millions of people are victimized by DIS honorable, judges who are really criminals who hide like cowards behind undeserved impunity and authority. Police, FBI and DOJ ignore the cries and evidence provided against these criminals. See uglyjudge.com and courtvictim.com
Put him in prison.
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Judges who cannot make calls on behalf of victims (past and future) should not be retained. Kick these guys to the curb and put some decision makers in place who actually serve on behalf of justice.