McAlester News-Capital, McAlester, OK

Local News

November 17, 2009

December hearing set for child rapist Earls

A preliminary hearing date in the case where a Pittsburg County grand jury indicted convicted felon David Harold Earls on new counts in August has been set, to determine if there is sufficient evidence to bind him over for trial on the three counts the grand jury returned against him.

A preliminary hearing to determine whether there is sufficient evidence to bind Earls over for trial is set to take place beginning at 9 a.m. Dec. 17 in McAlester.

Earls, 65, has completed one year of county jail time. He was sentenced to the year as part of a plea bargain where he received another 19 years suspended. He remains jailed in lieu of $400,000 bond on the counts returned against him in August. Under terms of a plea agreement where he pled no contest to a sex crime count, Earls also received credit for time served.

There was a furor that arose over how the case and plea bargain were handled. The case drew national attention.

In August, a Pittsburg County grand jury indictment was returned against Earls on three counts of lewd and lascivious acts with a child under 16.

Meanwhile, local judges have been recused from any further proceedings in the case. Those four are: District Judge Thomas Bartheld; Associate District Judge James Bland; and Special District Judges Donita Wynn and Bill Layden.

Assigned to handle the case is Seminole County District Judge George W. Butner. Albert Hochs Jr., from an Oklahoma City firm and connected with the Oklahoma Indigent Defense System, was assigned to represent Earls in the case.

The state attorney general's office is handling the prosecution of the case.

At least part of the preliminary proceedings in the most recent case against Earls have been handled by teleconference call, electronic court records reflect.

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