McAlester News-Capital, McAlester, OK

Local News

June 6, 2009

O’Reilly, Rivera take Bartheld, Miller to task on national TV

Bill O’Reilly and Geraldo Rivera again condemned local District 18 Judge Thomas Bartheld on a national television program Friday night for his sentence of a child rapist. During the O’Reilly Factor segment aired on Fox News, they expanded their criticism to include District Attorney Jim Bob Miller, and vowed to take their complaints to Oklahoma’s governor.

“I think the state of Oklahoma has to investigate,” O’Reilly said. “I’m going to ask the governor on Monday to launch an investigation into this and to explain to the American people why a child rapist, who raped not one but two, gets a year in prison.

“I think if we don’t investigate this, Geraldo, we don’t have a justice system in America.”

Rivera visited McAlester Thursday to speak with the mother of a young girl whose rapist was convicted in a plea bargain with Miller’s office and sentenced by Bartheld to a year in prison, with another 19 years suspended. Rivera’s interview of the woman was aired during the Friday segment.

“I wish that I had not allowed that man into my home,” the mother said of Earls, sobbing. “I wish that... I love the children very much and to allow that man to do what he did to them is inexcusable.”

As was first reported on May 17 by the McAlester News-Capital, David Harold E. Earls, 64, of Wister, pleaded no contest May 13 to charges of first degree rape and forcible sodomy of a 5-year-old girl. Court filings in the case suggest the girl’s brother was also attacked but Earls was never charged in that allegation.

Earls was sentenced last month following a plea bargain negotiated between Earls’ attorney, Tim Mills, and local prosecutors.

Last week, Bartheld was lambasted by Rivera and O’Reilly on the O’Reilly Factor.

“This judge should be thrown off the bench immediately,” O’Reilly said.

Rivera spoke with Miller and Bartheld before the first segment was aired, and Bartheld said Rivera accused him of traumatizing the victim in his courtroom.

“They put Geraldo on, and it was clear to me that whatever information he had, I was the bad guy,” Bartheld said of the phone conversation.

“He talked to me, ‘that child was traumatized in your courtroom.’ I said, ‘I didn’t see that.’

“I don’t know what information he had, but he firmly believed she had been” traumatized by the courtroom experience.

At issue was a hearing in which the victim was in a courtroom with Earls to attempt to “qualify” the child as a witness.

The technical term refers to a witness’ ability to tell the difference between truth and a lie.

Later, on another day, the hearing was moved into the judge’s chambers, away from Earls, and the child was qualified to testify at Earls’ trial by video. But then Miller’s office decided against proceeding with a trial and said Earls’ attorney offered a year’s jail time, which he accepted.

On Thursday, Rivera told the News-Capital that the hearing was unnecessary and amounted to a “re-rape” of the child. He said he had contacted the U.S. Attorney’s office to inquire about a civil rights action against Earls.

U.S. Attorney Sheldon Sperling said he had been contacted by a television reporter “and pursuant to that call I’ve read your articles.” He declined further comment.

Meanwhile, O’Reilly announced Friday night his plans to consult Oklahoma Gov. Brad Henry on Monday and to invite him and the U.S. Attorney to appear on the O’Reilly Factor next week

“There’s no excuse or finger pointing that is going to make this OK,” O’Reilly said during the Friday broadcast. “So I’m going to call the governor.”

Rivera said he was unable to interview either Bartheld or Miller while he was in McAlester Thursday, and video aired Friday shows him speaking with the judge’s clerk in his office. Rivera later learned Bartheld’s son had been hospitalized with a broken leg.

“The judge could have given me five minutes,” Rivera said.

According to O’Reilly, both Bartheld and Miller knew Rivera was traveling to McAlester to confront them about the case.

“Both of them ran and hid, demonstrating exactly what kind of individuals they are,” O’Reilly said.

Rivera shared his impressions of the community based on his visit.

“I call this case the shame of McAlester,” Rivera said. “McAlester is a fine town in southeastern Oklahoma, an old coal-mining town. The people. Very, very nice people. They are surrounded by the various Indian nations. A very picturesque part of the country.

“These people understand the gigantic shame that Bartheld has laid on their community by giving them this fake justice, in which these children’s ravagement was given a legal blessing.

“I think they have to shun this man and let him take his own course.”

Rivera also referred to Miller in denouncing the Earls sentence.

“I think that both these people have to be shunned,” he said. “They have to be told by their communities what McAlester, Oklahoma and the rest of the United States, indeed anyone with a conscience across the planet, feels about it.”

Rivera also called for community action to help the victim and her family, who he said planned to move away.

“I think they also have to do something for this family,” Rivera said. “They must, in every way, shape or form, allow the generosity of the community, both public and private, to aid in the healing and redemption for these poor victimized children before their entire lives are ruined.”

Contact Kandra Wells at kwells@mcalesternews.com.

Text Only
Local News
Seasonal Content
Poll

It's awards season? Which 85th Academy Award nominated movie for Best Picture is your fave?

"The Artist"
"The Descendants"
"Extremely Loud & Incredibly Close"
"The Help"
"Hugo"
"Midnight in Paris"
"Moneyball"
"The Tree of Life"
"War Horse"
     View Results
AP Video
Gingrich Renews Vow to Campaign Until Convention Romney Rolls to Easy Win in Nevada GOP Caucuses Raw Video: Missing Family Found Alive in Ore. Police Clear Tents From Occupy Site in DC Killer of Fla. Girl Found in Landfill Gets Life Army Orders Bradley Manning Court-martial Cancer Charity Revives Breast-screening Grants Heavy Snowstorm Hits Colorado On Its Way East 2nd Teacher From LA School Arrested on Sex Claim Prosecutors Close Armstrong Inquiry, No Charges Sights and Sounds: Football Fans Pour Into Indy Unemployment Rate Down to 8.3% Obama: Still Far Too Many Americans Need Jobs GOP: Jobs Numbers Welcome, Can Do Better Fla. Man Adopts Girlfriend in Legal Battle More Deaths As Egypt Clashes Continue Raw Video: Prince William in Falklands Egpyt Protesters Blame Police for Soccer Deaths 'Lucky' 9-Year-Old Receives 6-Organ Transplant Raw Video: Michelle Vs. Ellen in Pushup Contest
NDN Video
Romney Takes Strong Lead in Nevada GOP Victory Nevada voters cast vote in state caucus Celebs Suit Up for DirecTV Beach Bowl Super Bowl's impact on Indy Social media do the trick for Planned Parenthood Huge snowstorm hits Colorado SB XLVI: Adam Sandler Bronx Zoo Selling Valentine's Day Roaches Adam Levine: Shame on Randy Jackson Tim Tebow Addresses His Fans and Faith Gossip Girl's Steamy Spread AG Holder defends actions in heated hearing 'Lucky' 9-Year-Old Receives 6-Organ Transplant First Look: Kim Kardashian on 'Last Man Standing' Panetta said to expect Israel attack on Iran in spring Madonna channels Victor Cruz Christina Hendricks Stuns in Sexy Dress Raw Video: Snow Causes 20-Car Pileup in Italy Raw Video: Michelle Vs. Ellen in Pushup Contest College Football Prospect Chooses Team Based on Chick-Fil-A
Parade
Magazine

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.