Child Predator Freed On Technicality

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Michael Tracy McFadden, 46, of Grand Junction CO, sentenced in 2015 to more than 300 years in prison for sexually abusing six children.

Child sex offender serving more than 300 years walks free on ‘technicality’

GRAND JUNCTION, CO  –  A Colorado man sentenced in 2015 to more than 300 years in prison for sexually abusing six children has been freed by a court decision, and prosecutors are barred from retrying him for the crimes.

Michael Tracy McFadden, 46, of Grand Junction, was not eligible for a parole hearing until November 2330, according to data from the Colorado Department of Corrections.  Instead, he walked free Tuesday from the Arkansas Valley Correctional Facility, where he was serving his sentence.

McFadden’s freedom follows a June ruling by the Colorado Court of Appeals, which found that his right to a speedy trial was violated when the judge in the case granted a continuance, KKCO in Grand Junction reported.  Prosecutors appealed that ruling, but the Colorado Supreme Court refused to hear the appeal.

“If you’ve heard the phrase, ‘He got off on a technicality,’ this is exactly that situation,” Mesa County District Attorney Dan Rubinstein told the news station.

McFadden cannot be retried on the charges and does not have to register as a sex offender, KKCO reported.  He had prior convictions for sex offenses, but that conviction was before the registry was established.

“I am completely appalled at this decision,” Rubinstein said.  “I think the criminal justice system completely failed here.”

McFadden was convicted at trial of 19 counts of child sex offenses, including a charge of being an habitual sex offender against children.  That history was part of what led to his release, Rubinstein explained.

McFadden’s defense team had submitted a jury questionnaire designed to determine whether trial jurors could be fair to their client considering his past, KKCO reported.  The judge in the case failed to read the questionnaire until prosecutors and defense lawyers were already halfway through the jury selection process.

The judge decided that McFadden couldn’t receive a fair trial under those circumstances, so he issued a continuance.  Even though McFadden’s lawyers had previously sought and received two continuances in the case, they objected to the third and asserted his statutory right to a speedy trial.

The appeals court ruled that he did not get his trial in time.  In Colorado, the statute for a speedy trial requires that it take place within six months.

“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,” Rubinstein told the news station.

The prosecutor was not the only one upset over McFadden’s release.  Kathi Raley, a victim assistance coordinator at the DA’s office, told KREX that she has been in contact almost nonstop with distraught parents.

“Several voicemails from mothers of victims who legitimately are fearful for their children and their children’s safety,” Raley said.  “I can’t even imagine the terror that these kids are now feeling.”

McFadden was accused at trial of abusing a total of six young boys and girls.

People were also angry on social media, with at least one person hoping that “street justice” gets to McFadden before he finds a new victim.  Another Facebook user pointed out that he was not freed because he was not guilty of the crimes of which he was convicted.

Others posted his photo urging people to remember his face since he is not required to register as a sex offender.

“Please share.  He will eventually end up back in (Grand Junction),” one woman wrote.  “The more people who know, the safer our children will be.

“He is smooth, he is a predator and he offers young women held with housing and childcare, something many women are grateful to have,” she continued.  “I know it is an awful subject, but the chances of him reoffending are really high.”

Maine CPS Makes Sure It Is The Only Option

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Just when we see some improvement in several states CPS program, we see this again.

Criticism raised over ending Child Abuse prevention program

Lewiston, Maine  –  The LePage administration is being criticized for its decision to end a statewide program aimed at preventing child abuse and neglect, even as Maine has witnessed its second horrific case of child abuse in three months.

State officials say the $2.2 million Community Partnerships for Protecting Children program duplicates other Maine prevention programs and is not evidence-based.

Maine Department of Health and Human Services officials surprised nonprofit leaders in a meeting a few weeks ago by saying the program that launched more than a decade ago would not be renewed, and did not give clear reasons why, said officials with Opportunity Alliance, the South Portland-based nonprofit that started the program.

  “It is our duty to the Maine taxpayers to ensure that programs we fund are not duplicative of one another,” DHHS spokeswoman Emily Spencer said Wednesday in an email response to questions from the Press Herald.

“Their money needs to be spent in the most effective and efficient ways possible.”

The decision by DHHS preceded the death Sunday of a 10-year-old girl in Stockton Springs, who authorities say died of battered child syndrome.  It came after a Wiscasset woman was charged with depraved indifference murder in connection with death Dec. 8 of a 4-year-old girl in her care.

Ken Kunin, superintendent of South Portland schools, which works closely with Opportunity Alliance on the program, said DHHS is “wrong” that the program is providing services available elsewhere.

“It doesn’t duplicate.  They offer direct help and support for families and communities,” Kunin said.  “It’s been a tremendous asset in South Portland. More kids attend school, are healthier and parents have really been connected to services.  It’s really been a tremendous program.”

Debra Dunlap, regional director of Community Partnerships for Protecting Children in southern Maine for Opportunity Alliance, said it makes no sense to eliminate prevention programs that can stop family problems from becoming acute.

“It would be like building hospitals with only emergency rooms,” Dunlap said.


In southern Maine, where the program has been established for about a decade, CPPC partners with about 60 groups,  including schools, nonprofits, law enforcement, local governments, churches and others to identify and help families at risk of abuse and neglect.

Opportunity Alliance officials argue the program has saved children from difficult circumstances, although they acknowledge that like many prevention programs, the benefits are difficult to measure.  Just two years ago, the state expanded the program to other communities, such as Bangor and Belfast, which makes the move to end the program all the more puzzling.

“The safety of kids in Maine is in jeopardy, and supportive services for families who need help will be vanishing,” said Mike Tarpinian, executive director of Opportunity Alliance.

Child abuse has been in the spotlight in Maine recently with some high-profile cases, most recently in Stockton Springs, where Sharon Carrillo, 33, and Julio Carrillo, 51, were charged in the beating death of Marissa Kennedy.  She was Sharon Carillo’s daughter and Julio Carrillo’s stepdaughter.

Police reported the 10-year-old received daily beatings from the Carrillos for months before dying on Sunday.  The Office of Chief Medical Examiner performed an autopsy and determined that Marissa died of battered child syndrome.

The Carrillos have been charged with murder, and made a court appearance in Belfast on Wednesday.

Neighbors from when the family lived in Bangor said they called police and Maine DHHS over concerns about child abuse, but it’s not clear why Marissa was allowed to continue to live with the Carillos.  The couple moved from Bangor to Stockton Springs last fall.

Tarpinian said it doesn’t make any sense to end a program that had been helping to reduce the number of abuse cases in the state over the past decade. In Cumberland County, where CPPC has been established the longest — for about a decade — substantiated cases of child abuse or neglect plummeted from 445 in 2008 to 261 in 2016, the most recent year available, despite DHHS launching more child abuse investigations during that decade.

Opportunity Alliance officials say because so many factors go into the trends, including state policies, cultural trends, overall declining crime numbers, demographics and other issues, it’s impossible to know exactly how much the prevention program helped.

“We know we played a really critical role,” Dunlap said.  “We know more kids are living safely with their families because of this program.”

By the numbers

Statewide, substantiated abuse and neglect cases dropped from 2,521 to 2,268 from 2008 to 2016, although most of the CPPC programs outside of Greater Portland are much more recent — starting after 2015.

The $800,000 per year state contract with Opportunity Alliance is slated to end Sept. 30, as are contracts with four other nonprofits, including Penquis in Bangor, Community Concepts in Augusta and Broadreach Family and Community Services in Belfast, either in September or this summer.

The state spends a total of $2.2 million per year on the prevention program, Tarpinian said, and a quality prevention program will save the state money as fewer children end up in crisis and need Child Protective Services and in foster care.  The state announced on Wednesday that it was operating with a $128 million surplus.

The CPPC program began as a pilot program in Portland by the Opportunity Alliance in the mid-2000s, and a comprehensive program launched in 2008 in South Portland’s Redbank Village and Brickhill apartments.  The program has since expanded to all of southern Maine, Lewiston, Augusta, Bangor and Belfast.

Spencer said the programs duplicated the state’s Child Abuse and Neglect Councils, which are entities created by the Maine Legislature to prevent child abuse and neglect.

“Maine’s (Child Abuse and Neglect) Councils serve the same families that the CPPCs were intended to serve,” Spencer said.

Dunlap said the Child Abuse and Neglect Councils do not have the resources to conduct community-based programs like CPPC does, and the programs do not duplicate each others.

Spencer said the program is not “evidence-based” and that there was also a question of funding.

“When originally established, DHHS believed that the CPPCs were an evidenced-based program,” Spencer said.  “Upon further research as we considered renewing and expanding, it has been determined that they are not evidenced based, but are seen as a method for engaging communities with the goal of preventing child abuse.

“This is the same goal of Maine’s statutorily established CAN Councils.”

‘Best that’s available’

But Dunlap said that CPPC, while not meeting the rigorous scientific standard of evidence-based, is the best that is available.  There are no community-based prevention programs that meet the evidence-based standard DHHS is seeking, she said.

“Every aspect of the model we are using is based on research that shows what families need to keep kids safe from abuse,” Dunlap said.

“It’s not a simple recipe where you can put the ingredients in and get a cake. How do you prove something that didn’t happen?”

It is difficult to count how many people are served by the community-based programs, Dunlap said, but in South Portland, at least 1,630 individuals are helped per year.

The community-based prevention programs provide many services and are difficult to explain, Dunlap said, but one example is the Neighborhood Resource Hub on Westbrook Street, between Redbank and Brickhill in South Portland.  The hub is a combination food pantry, and a place where people can connect to social services that they may not be aware of, such as signing up for federal heating assistance, Medicaid or Affordable Care Act insurance. Employers will post job listings looking for workers.

Becky Morse, a volunteer at the Neighborhood Resource Hub, said she has seen how the service benefits families.

“It’s a safe place, and it gives people a sense of security where people can go and get their questions answered, find out where to get help.  They can be instantly directed,” Morse said.

She said the food pantry is also a great resource to have within walking distance, as people can pick up bread and fresh vegetables.

Time To Protect Children, And Time To Pay For Past Abuse

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The 5 Browns to push for the Child Victims Act in Albany NY.

Utah victims say NY kid abuse laws too weak, join fight to enact Child Victims Act

ALBANY, NY  –  When the siblings making up the well-known classical piano ensemble The 5 Browns were looking into bringing sexual abuse charges against their father, they briefly considered New York before learning the state’s weak laws wouldn’t work.

The abuse — only some of which occurred in the state — took place just long enough before so that New York’s notoriously weak statute of limitations on child sex abuse expired.

So instead, they chose their home state in Utah, where their father and former manager, Keith Brown, ultimately pleaded guilty in 2011 to sexually abusing three of his daughters between 1990 and 1998.  He was ultimately sentenced to 10 years to life behind bars.

The experience is the reason why two of the siblings — Desirae and Deondra Brown — on Tuesday will be joining the fight in New York to pass the Child Victims Act that would make it easier for kid sex abuse victims to seek justice as adults.

The two women will take part with other survivors and advocates in a lobby day at the state Capitol Tuesday that will include a press conference.

“Once I realized how unfortunate the laws are here and how little recourse the children survivors have here, it just made sense for us to join the fight,” Desirae Brown, who currently lives in Manhattan and has two young children, said during a recent conference call with Deondra Brown and the Daily News.

“The biggest message is our personal story,” she said.  “If everything that happened to us happened in New York, we would not have our father in prison right now.”

Like many victims of sexual abuse, the Brown siblings didn’t come forward for years.  For a long time, each one didn’t even know that they had two other siblings going through the same horror with their father.

It took them 10 years before they sought any charges.  Some of the abuse took place when the five Brown siblings — there are two brothers — were all enrolled in The Julliard School in New York City from 2001 to 2006.

“We had looked into filing some charges in New York State early on,” Deondra Brown said.  “There was a possibility we could potentially have a case there with one of our sisters.”

But ultimately, after having discussions with New York law enforcement and prosecutors, they learned “we would have a much better option filing charges and having our father being held accountable in the state of Utah,” Deondra Brown, now 37 and still living in Utah, said.

“That was a real eye opener for us,” she said.  “We learned how different the statute of limitation laws were in different states.  As we started researching, we realized that New York was one of the worst states in the country for us.”
Desirae Brown, now 39 and living in Washington Heights, added that the statute of limitations in New York “had literally expired three months before we started investigating.”

Under state law, child sex abuse victims have until their 23rd birthday to bring charges against their attacker.  If the abuse took place in a public institution, like a school, it’s even harder to seek justice in civil court since a victim would have to file a notice of claim to sue the entity within 90 days of the attack.

Advocates say it can be decades before a victim comes to grips with what happened in their youth and is prepared to move forward.

In New York, sexual abuse survivors have been pushing for passage of a Child Victims Act for a dozen years.  The Democrat-controlled Assembly has passed a version several times during that time, including in 2017.

But each time, the bill, which has been opposed by a number of groups, including religious organizations like the Catholic Church and the Orthodox Jewish community, died in the Republican-dominated Senate.

A key roadblock is a provision that would create a one-year window for sexual abuse victims, like the Browns, who can no longer bring civil cases under current law to be able to do so.

Advocates are more hopeful a bill can pass this year after Gov. Cuomo included the Child Victims Act in his proposed 2018-19 budget.

His proposal would allow survivors to bring civil cases up to 50 years from the attack and would eliminate the statute of limitations for any felony sexually related offense committed against someone under the age of 18.

It would also include the one-year window to revive old cases and would treat public and private institutions the same when it comes to child sex abuse.
Desirae Brown called the measure’s inclusion in the governor’s proposed budget “very promising.”

“We hope by telling our story we can help institute change,” she said.

Deondra Brown said arguments that opening a one-year window to revive old cases would cause a flood of legal cases has not been borne out in other states.

“It’s a good thing,” she said.  “It will allow these victims to see if they have a potential for cases.  If they don’t, the courts will throw it out.  But the opportunity for victims to name their abuser, this is something that needs to happen.  Victims need to be able to come forward and do something so the perpetrators won’t continue to get away with it in our communities.”

Months after their father’s sentencing in 2011,  Desirae Brown and Deondra Brown, who has a 7-year-old daughter, created The Foundation for Survivors of Abuse, a nonprofit group that advocate for victims’ rights.

Deondra Brown said the group was part of the fight in 2015 that led Utah to eliminate the statute of limitations for child sex abuse victims to bring lawsuits as adults.  A year later, a law was passed creating a three-year window to revive old cases that had been time-barred under the old law.

“We realize what a big help it’s been with our healing process to be able to be heard and be able go forward with charges and feel we can have other options available to us,” Deondra Brown said.  “Whether victims choose to move forward or not, it’s so damaging to be told they can’t have a voice and the doors have closed on their opportunity to be heard.  We are a success story but we hope no matter where you live across the country, you’d be able to have those possibilities afforded to you.”

State Senate Republicans, thus far, have not been receptive to Cuomo’s plan.

State Senate Democrats on Tuesday are scheduled to hold a press conference with child abuse survivors and advocates calling on the Republicans to keep the Child Victims Act in the final budget that is due by April 1.

“The Senate Republicans have blocked this important bill for too long,” said Senate Democratic Minority Leader Andrea Stewart-Cousins.  “Now is the moment to get this done and we cannot miss this crucial opportunity to provide justice to so many brave survivors.  To remove this bill from the budget or water it down would be a disservice to New York.”

Senate GOP spokesman Scott Reif had no comment.

But Senate Majority Leader John Flanagan in December told The News “we’re more than willing to sit down to have real adult discussions that inure to the benefit of everyone.”

He added that “the specter of a good compromise is everyone walks away a little bit unhappy.  Will we have discussions about it?  Absolutely.  Have we had them?  Yes.  Will they continue in earnest?  I completely believe that 100%.”

The Brown sisters, who are still performing with their siblings as The 5 Browns, join a growing chorus of other national figures who have joined the fight to enact the Child Victims Act in recent months.  Others include actor Corey Feldman, who says he was abused as a child actor, Sunny Hostin, a co-host of “The View” who’s also a former federal prosecutor, and television personality Dr. Mehmet Oz.

The Browns hope their stories and the changes made in states like Utah will convince the Senate Republicans to act this year.

“We realize it can be done even in such a conservative state as Utah, where we have people who are wanting to make sure that victims are protected,” Deondra Brown said.

TX County See Substantial Increase In 2017 Confirmed Child Maltreatment

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Say NO To Child Abuse In Texas

Sharp rise in Child Abuse, Neglect cases in
Bexar County

SAN ANTONIO, TX  –  The number of cases of child abuse and neglect in 2017 has gone up almost 36 percent from 2014.

After more than 5,846 cases of child abuse and neglect in 2013, the Texas Department of Family and Protective Services saw the numbers steadily drop down to 4,550 in 2016.  Last year, however, the number of cases exceeded the 2013 figure with 6,175 confirmed victims, a 35.71 percent jump from 2014 when the numbers began to fall.

“In 2017, we had the largest number of confirmed victims of child abuse and neglect,” said Anais Biera Miracle, spokeswoman for the Children’s Shelter of San Antonio.

Besides the growth in Bexar County’s population, Judge Peter Sakai, who hears many of the cases in Children’s Court, said:  “It’s drug addiction.  It’s mental health issues.  It’s domestic and family violence.”

Sakai said the Children’s Court has been dealing with the situation by “aggressively looking at the high rate of removals with more preventive measures.”  He said, for example, there’s the family preservation docket.

“We try to get custody orders for relatives and getting children out of the foster care system and back with family,” Sakai said.

But Sakai said the bottom line is more resources for prevention.

Miracle said the shelter is trying to develop more strategies to effectively reach parents grappling with substance abuse, mental illness and learned behavior from generation to generation.

Sakai said Bexar County offers numerous resources such as Family Violence Prevention Services and Family Services Association.  He also urges families to help their members to get the help they need, especially for the children’s sake.

“The more families we intervene, the more cycle of abuse and neglect we break,” Sakai said.

Below is information from the 2017 Texas Department of Family and Protective Services’ Databook:

Bexar County:

  • Confirmed victims of abuse and neglect: 6,175
  • Children waiting for adoption since August 31, 2017: 874
  • Children in adoption placements since August 31, 2017: 687
  • Children in foster/adoptive homes since August 31, 2017: 122
  • Consummated adoptions: 682

Removals of children: 2,367

  • 1,467 at Investigations
  • 900 at Family Preservation

Children in DFPS conservatorship: 5,437

Children placed in substitute care: 5,291

Kinship Caregiver Monetary Assistance: 1,157

Bexar County comparative data over the course of five years:

  • 2017 – 6,175 children
  • 2016 – 4,550 children
  • 2015 – 4,941 children
  • 2014 – 5,434 children
  • 2013 – 5,846 children

Single Moms Beware

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Who is babysitting your Children while you are at school or work?

Capital murder child abuse case highlights
who’s most vulnerable

SAN ANTONIO, TX  –  After sobering up at the hospital, the suspect police say was found intoxicated on a bed next to a four-year-old boy who had been beaten to death is now charged with capital murder.

Michael Arroyo, 32, is accused of murdering his girlfriend’s son, four-year-old Cash Briones.  The little boy had blunt force trauma to the head.

Arroyo is also charged with injuring his girlfriend’s two other children, ages one and three.

All three kids were left in his care February 16 at a Days Inn hotel on the city’s east side.

Arroyo is now being held on bonds worth more than a million dollars.

Child abuse cases rose sharply in Bexar County last year.  Counselors say single moms especially need to be aware of the dangers.

“The child is oftentimes left alone because the individual needs to work or needs to go to school or they’re trying to better themselves or just supply for their family,” says Randy McGibeny from ChildSafe.

He says that leaves room for someone who wants to do harm to gain a mother’s trust.

“If they’re capable of doing that, then oftentimes we’re going to open our doors to those individuals,” McGibeny says.

He says it’s incredibly common for a mother’s boyfriend to become the perpetrator.

“If there’s a situation where an individual that you’re dating or an individual that you’ve brought into your home is violent toward you – verbally or physically – know that the situation can progress,” McGibeny says.  “And oftentimes, if they’re violent toward you – they’re eventually going to be violent toward your children.”

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