OKMULGEE COUNTY, Okla. — A burning question on the minds of many: why was Jesse McFadden a free man?
If he was a convicted rapist who allegedly committed another crime in prison, why was he out on bond?
We sat down with attorney Brett Chapman, uninvolved in the case, to look over documents. He says the failures in the case are inexcusable.
When McFadden was charged with soliciting a minor and child porn possession while in prison, a judge ordered him held without bond. It also stated the defendant should have no contact with the victim.
At this time, McFadden is serving prison time for first-degree rape. The case does not go to trial due to multiple delays for various reasons, including medical emergencies involving the prosecutor, trial date conflicts, and being out of town.
According to documents, courts knew about the accusations he contacted the victim—even threatening the victim if she testified in court.
He is released from prison in October of 2020, and he failed to appear for a court date for the new charges.
A bench warrant is issued. At his next court date, the bond changes to $25,000 dollars.
"This prosecutor that was there that day didn't say a word to that $25,000 bond, and she's prosecutor of the year next year? If that's their best, I think that raises serious questions," attorney Brett Chapman said.
"It's just an abject failure in their duty to protect the public."
By the time he is released, it has been three years, three months, and one day since the initial charges.
Chapman said, "That's more than enough time to try a capital case, a robbery case, any type of case. What happened?"
What continued to happen was two and a half more years of -- not very much. McFadden was living with children, which according to prison records, is allowed as a step-parent who is a sex offender.
Chapman believes part of the problem is the state's lack of uniformity-- and as a native attorney is frustrated tribal courts get criticized for being bogged down, and then situations like this happen.
On May 1, the day authorities say McFadden killed six and himself, he was supposed to appear in court. The judge went back to an order of being held "without bond."
We also obtained McFadden’s inmate records.
According to those documents — although he had ten misconduct reports in prison, including battery and being under the influence, he was considered a "level four" prisoner, which indicates good behavior and allows for accelerated time.
I also reached out to the current Muskogee County district attorney, who was not DA through this entire case. He says he agrees his office dropped the ball on this case.
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