Tag Archives: Sex Offender

Parole Board of Canada calls Calgary repeat sex offender ‘problematic’ as release date nears

In a recent written review of John Dionne, the board said “Dionne’s risk of violence and sexual violence remains in the high range.”

Fired Employee Sues Hayward Car Dealer; Says Security Guard Spied on Her

HAYWARD (KPIX) — A Hayward auto dealership is facing a lawsuit from a woman who says she was fired after the company hired a convicted sex offender who spied on her.

Kelly Bessette said she worked as a finance manager at Auto Force Regency in Hayward. Her co-worker, David Lista, worked as a handyman and security guard. Besette said Lista was “bizarre” and frequently made her uncomfortable but, when she complained, she said dealership owner Michael Steadman did nothing.

Bessette said that, three months into her stint at Auto Force Regency, she came to work to find police officers surrounding Lista’s car. Bessette said Steadman told her that Lista had planted a camera in a fake vent in the women’s restroom of the dealership and had been using it to spy on Bessette and other women using the bathroom.

“I felt completely violated,” said Bessette. “I wanted to die.”

According to Union City police, Lista had hidden a second camera in the bathroom of a Union City Starbucks around the same time.

Bessette said an Internet search revealed that Lista is a convicted sex offender who was accused of spying on girls at Mills High School in Millbrae and had pleaded no contest to child pornography charges.

“I was in shock that he had done this at a high school and 19 girls were victims of his crime,” Bessette said.

When Bessette tried to take a few days off to recover, she said she was terminated in a text message.

Bessette’s lawsuit accuses the dealership of sex discrimination and negligence among other things.

Steadman, the owner of the dealership, refused an interview with KPIX 5 but said by phone, “I’ve been instructed by my attorney not to comment on this frivolous, fraudulent lawsuit.”

Bessette’s attorney said Lista is one of two sex offenders who were working at the dealership at the time.

“I think it shows that they have extremely low regard for their other employees that they would put them in this situation where they’re allowed to be preyed upon by these registered sex offenders,” said attorney Rob Schwartz of Gwilliam, Ivary , Chiosso, Cavalli and Brewer.

Palo Alto Police Release Sketch Of Sexual Assault Suspect

PALO ALTO (CBS SF) — Palo Alto police have released a sketch of a man who allegedly sexually assaulted a woman early Monday morning.

A woman in her 30’s called police at 4:18 a.m. to report she had been sexually assaulted in the 100 block of Everett Avenue. She had been walking west on the south side of the street toward her car when a suspect approached her and asked whether she had any change.

She said she did and reached into the car to retrieve it when the man struck her on her back and the back of her head with an object, and sexually assaulted her, police said.

The woman screamed and fought back, and the man reached into her jacket pocket, stole her wallet and fled east on Everett Avenue and north on Emerson Street, police said.

The victim drove to the police station to report the assault directly afterward. Paramedics also responded after she complained of pain in the back of her head.

The suspect is described as a white man in his late 20’s or 30’s who is 5 feet 11 inches tall, with a skinny build, long and straight brown or dirty blonde hair, an unkempt beard and a beanie with a pompom.

Anyone with information about the case is asked to call the Police Department’s 24-hour dispatch center at (650) 329-2413. Anonymous tips can be sent by email to paloalto@tipnow.org or by text message or voicemail to (650) 383-8984.

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Man Sentenced To Over 300 Years For Child Sex Crimes Freed On Technicality

GRAND JUNCTION, Colo. (CBS4) – A Grand Junction man convicted of sexually molesting six young boys and girls has been set free, the Mesa County District Attorney’s Office confirmed.

After multiple delays and continuances, Michael Tracy McFadden was convicted of nineteen counts and was sentenced to more than 300 years in prison in 2015, Mesa County District Attorney Dan Rubinstein said.

michael mcfadden from krex Man Sentenced To Over 300 Years For Child Sex Crimes Freed On Technicality

Michael McFadden (credit: KREX)

McFadden appealed his conviction, claiming that pre-trial delays in his original trial violated Colorado’s speedy trial statutes, KREX reported.

Rubinstein provided more details in a statement posted on Facebook.

“The defendant was charged with sexually assaulting six 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,” Rubinstein explained.

“Prior to the third trial date, there was a jury questionnaire which was drafted by the defense which referenced Mr. McFadden’s prior offense, which both parties were comfortable with, given the court’s ruling that the facts of the prior offense were going to be admissible,” Rubinstein stated. “After the questionnaire had been passed out to the jury, the judge noticed the reference to the prior offense, admitted he had not read the questionnaire and a discussion ensued about whether the defendant could receive a fair trial with the reference.”

“Ultimately the court found that the defense was, in part, at fault for the jury hearing this information, and said that the court of appeals would find it to be plain error to move forward with this jury pool,” Rubinstein stated. “The judge granted a continuance of the trial, over the objection of the defense, finding that the defense’s role in this situation waives his statutory right to his case being tried within 6 months, and reset the case for trial.”

After going on trial and being convicted in 2015, McFadden appealed.

“The court of appeals found that the trial court erred in determining that a continuance was required, disagreed that the delay was chargeable to the defense and therefore violated the defendant’s speedy trial rights.  This was found despite the trial court continuing the case to protect the defendant’s Constitutional rights to a fair trial,” Rubinstein explained.

This past June, the Colorado Court of Appeals threw out his conviction, also ruling he could not be retried.

The Mesa County District Attorney’s Office appealed to the Colorado Supreme Court, but the high court decided not to hear the appeal, upholding the lower court’s ruling.

Because of that, McFadden was released from the Arkansas Valley Correctional Facility on Tuesday.

Rubinstein told KREX 5 News that McFadden does not even have to register as a sex offender.

He called the case a “travesty of justice.”

“The court of appeals found that the trial court erred in determining that a continuance was required, disagreed that the delay was chargeable to the defense and therefore violated the defendant’s speedy trial rights,” Rubinstein stated  on Facebook. “This was found despite the trial court continuing the case to protect the defendant’s Constitutional rights to a fair trial.  The court of appeals vacated the convictions.  Here, because the trial court felt this was necessary, it got delayed.  However, because the court of appeals thinks the trial court was wrong, even though the defendant had waived his speedy trial rights in the past, found this statutory violation results in a dismissal.”

“I think it is important for the community to know what occurred so that they can take action at the next election of court of appeals judges Jones, Graham and Welling,” Rubinstein stated. “The court of appeals blames both the trial judge and the legislature, but in my opinion, the court of appeals got this one wrong.”