David Earls, 64, pleaded no contest on May 13 to raping a 5-year-old girl but had all but one year of a 20-year prison sentence suspended under a plea-bargain agreement.
1 year in jail, 19 years suspended under a plea bargain agreement - What bumbling bureaucrats thought this was a good idea!!!!!
I understand the child was unable to testify easily in court, but there are legal means around that. Video tape, privacy shielding to keep her from having to see her attacker, etc.
Miller and Bartheld said they agreed to the plea bargain to protect the child victim from further trauma and to make sure Earls did not get off without punishment in the event she could not testify against him at a trial.
“It took two days to get her to say, ‘I swear to tell the truth,’” said Miller. “How is she going to get up now (at a trial) and answer personal questions about what this guy did to her?”
Even if she couldn't testify...are you telling me that 1 year was a sufficient plea bargain?
It appears the plea bargain was a Defense motion -- not the prosecutor. I can't imagine a jury in the world not sending this scumbag to prison for the maximum time. All the D.A. had to do was make sure the plea agreement was just...the D.A. failed to do that.
Not only is the prison sentence for only a year, but probably won't even serve all that time.
Authorities said he could be released in three months if his sentence in the rape case is applied retroactively to time served.Three MONTHS!!! Want to reduce violence in America -- FIX THE BLASTED JUSTICE SYSTEM. This is an abomination.
Sorry to be cold blooded here, but the cretin's medical condition should not be a factor in the case.
They also said he has a serious lung problem, and is on oxygen and thus may be released even earlier for medical reasons.My father was on oxygen and was able to get around town, live his life without too much difficulty. I don't see why this scum should be given a day's slack from an already too lenient punishment.
For those in Oklahoma, I would request that you remember the following names - Judge Bartheld and District Attorney Miller.
Decide if these are the people you want running your justice system. I don't know if the Judges in Oklahoma are elected or not, but the D.A. is.......do what you think is right come the next election cycle.
6 comments:
I don't see how the child's testimony would be needed. Social Workers and doctors who had treated the child should have more than enugh evedence to prove the rape...and maybe some evedence to the identity of the rapist.
Throw in some police work and forensics, you've got a case.
Honestly if you can rape a child you're already out-of-the-park evil and messed up. 20 years is too light for this creep. 1 year (where only 3 of them served in prison) is NOTHING.
My only hope is a 2nd Miscarrage of Justice occors and the guards are unable to protect this monster from the Fathers in Jail who are currently serving time because of their anger management issues.
At least if he gets drip-dried he won't rape another baby when he gets out inside of a year.
We can only hope he gets a "friendly" cellmate who likes older guys.
I can understand the sentiment of him getting "attention" in the prison, but I don't want that to happen.
I don't want another person being charged for doing what the state should have.
This person should have been sentenced to much longer. The state failed. If the prisoners continue to resolve the problem, then the system never has to change.
I hope that, if he survives, the outrage of the light sentence will drive the judge and district attorney out of office, send a clear message to their replacements.
We have to fix the system, not extract rough justice.
I think you're absolutely right on this one, Bob. If it's proven that he raped a little kid, he should be locked away for a long long time.
and we all know how much Mike values "Proof".
Let's talk MikeB "Proof" Did the guy rape the kid or not?
You're quick to extend judgement outside a courtroom otherwise....
Estimates are that up to one quarter of all women are sexually abused as children. I have known enough that were to think that these numbers are fairly accurate.
When we actually get a chance to catch one of them and lock them up, we HAVE to go all the way in getting the job done.
The people that agree with the DA, are not realizing that a one year sentence is worse than the risk of him being found not guilty.
This guy should have died in prison. Instead he will be free, and this little girl's life will be ruined FOREVER.
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