County time eases Earls’ release

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PITTSBURG CO SHERIFF

June 23, 2009

By James Beaty The McAlester News-Capital Tue Jun 23, 2009, 10:58 AM CDT

As Level 3 sex offender, David Earls will have to take treatment programs once he gets out of the Pittsburg County Jail —but many sex offenders who are sentenced to state prison terms must complete the treatment programs before they’re released.

Earls, 64, of Wister, pleaded no-contest in May to felony charges of the first-degree rape and sodomy of a then 4-year-old McAlester girl.

On May 13, District 18 Judge Thomas Bartheld sentenced Earls to 20 years, with 19 years suspended, to be supervised by the state Department of Probation and Parole. The court’s sentence followed a plea bargain agreement between District 18 District Attorney Jim Bob Miller’s office and Earl’s defense attorney, Tim Mills.

The sentence in the controversial case specified that Earls will serve his sentence in the Pittsburg County Jail.

The District 3 Probation and Parole offices in McAlester never had an opportunity to conduct a pre-sentence investigation in the Earls case. Earls indicated he did not want one and there were no court orders issued ordering the DOC to present such a report.

District 3 Supervisor Michael Dunkel said that there are certain recommendations he would follow in a case such as Earls.

Court documents show that Earls had previous convictions, including a 1996 Hughes County conviction of assault with a dangerous weapon and 1992 Pushmataha County conviction of second-degree burglary.

“In a rape case with a previous criminal history, if I was the immediate supervisor I would have insisted on incarceration, or at least a split,” he said, referring to incarceration and supervision upon release.

“A lot of offenders like to do straight time,” Dunkel said.

The Probation and Parole office rarely recommends the length of incarceration in its pre-sentence investigations for the courts, Dunkel said. However, he said he likes to see sexual offenders get a long enough sentence to enter and complete a sex offender program while still incarcerated.

Typically, that calls for at least a five-year sentence, he said.

The prison sex offender programs take 18 months to complete. However, it’s not unusual for an inmate to obtain early release from prison, which is why the minimum five-year sentence is needed for an inmate to complete an 18-month sex offender program while incarcerated, he said.

“Inside, it’s a program where they reside at the facility and attend the program,” Dunkel said.

“I would say it’s more intense on the inside than on the outside,” he said.

As a level 3 sex offender, Earls will be barred from living in restricted areas, including areas near schools, parks and day care centers.

The treatment program for Earls will include counseling and polygraph tests, Dunkel said. It’s also expected to include group sessions with other offenders in the program.

Private counselors will administer the treatment program, Dunkel said.

The Probation and Parole offices will conduct containment programs and will be in close contact with the person conducting the treatment, he said,

Contact James Beaty at jbeaty@mcalesternews.com.

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