Wednesday, June 17, 2009

The Justice System fails again....

OKLAHOMA CITY - A plea deal that sent an ex-convict accused of raping a 4-year-old girl to jail for only a year has prompted outrage across Oklahoma, where lawmakers are calling for the removal of the judge who approved the deal and the attorney general is investigating a new set of abuse allegations.

Under the deal, David Harold Earls, 64, of McAlester, pleaded no contest last month to first-degree rape and forcible sodomy. Normally, the rape charge carries a sentence of between five years to life in prison, but the deal he struck with prosecutors called for 19 years of his 20-year sentence to be suspended.

Prosecutors said they agreed to the plea bargain only because the case rested largely on the testimony of the girl, now 5, who made contradictory statements during pretrial hearings. After initially testifying about the assault, she later said she couldn't remember.

The case has generated more outrage as new accusations have surfaced. After Earls entered his plea, an estranged relative came forward to make a new allegation of a past rape. Although the statute of limitations likely has expired, it's possible the allegations could be used in another case against Earls.

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