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View Full Version : Convicted felon gets 1 year in prison for rape of 5 YO.


Ms.Heather
06-16-2009, 08:16 AM
I read the story of the teen with the IQ of 47 getting 100 years in prison for sexual abuse. It made my blood boil. This story makes my blood boil even more.

Molester’s sentence leads to cries of injustice

By Kandra Wells
Staff Writer

Kathryn Cole considered it harmless horseplay when her granddaughter, who had just turned 5, reached over and touched her breast during a dinner at her home last September.

She corrected the child’s behavior anyway.

What the girl said next revealed a horrible secret that later would garner national headlines involving the granddaughter, her year-older brother and the man who was their baby-sitter.

http://www.mcalesternews.com/homepage/local_story_164191511.html?keyword=leadpicturestor y

nursebeeme
06-16-2009, 09:13 AM
wow... can anyone say miscarriage of justice? Not even a year for each child he molested. Just one year. Amazing!

Openmind
06-16-2009, 09:31 AM
Sadly, it seems the victims must be abused all over again to convict these perverts even if marginally, as in this case. I hope they are getting these children therapy not only for the crimes committed against them but for the trauma they endured trying to get testimony.

STEADFAST
06-16-2009, 09:51 AM
As I understand it, because the children basically recanted, this guy was about to not be convicted at all. That's when the DA had to negotiate a plea deal so at least the guy would be a RSO.

“We did charge David Earls with what he did to the boy, but it was dismissed at the preliminary hearing,” said District Attorney Jim Bob Miller. “He recanted. He recanted his whole testimony.”

. . .
Then under cross-examination, Earls’ attorney asked, “Do you remember what David Earls did?” She [the daughter] said, “I don’t remember David Earls doing anything.”
at Ms. Heather's link

What I don't understand is why they had to rely soley on the children's testimony. Didn't they have some kind of forensic evidence from a medical exam? Maybe they could prove in court that the children had been raped but couldn't prove it was Earls who did it.

On a show yesterday on HLN, an attorney explained that by law the judge was required to accept a negotiated plea deal made by the D.A.

Openmind
06-16-2009, 10:29 AM
As I understand it, because the children basically recanted, this guy was about to not be convicted at all. That's when the DA had to negotiate a plea deal so at least the guy would be a RSO.



What I don't understand is why they had to rely soley on the children's testimony. Didn't they have some kind of forensic evidence from a medical exam? Maybe they could prove in court that the children had been raped but couldn't prove it was Earls who did it.

On a show yesterday on HLN, an attorney explained that by law the judge was required to accept a negotiated plea deal made by the D.A.

That is how I read the situation. These children were too young to understand what was happening to them. The little girl's innocence to her abuse was heartbreaking and the little boy's realization of what had happened to him was so tragic. They are innocents used in the most horrific ways and then making them testify in terms that show the depravity of the crime really does show how cruel these crimes are.

In the end, I suppose the fact the were able to get any conviction was fortunate.

daisy7
06-16-2009, 12:48 PM
http://www.cnn.com/video/#/video/bestoftv/2009/06/15/pn.one.year.rape.sentence.cnn

mysterygirl
06-16-2009, 01:17 PM
This is the case that Bill O'Reilly is outraged over. The judge refused to allow videotaped testimony from what I recall. The children were traumatized to say the least. So O'Reilly is going after that judge! He has talked about this several times on his show and I think people have written several politicians in the state to prompt some type of action.

The judge refuses to comment or explain. Judges like this have no place in the system! I hope they get rid of him through all of the negative feedback!

believe09
06-16-2009, 01:57 PM
what is getting me is the life sentence those children will now be serving. It was beyond the physical assaults on them-it was how they victimized each other as well before they were informed that it was very wrong. OMG-this guy is a lifetime offender of serious felonies. I wonder if the feds can get him for anything since he pled guilty???

mysterygirl
06-17-2009, 01:06 AM
Had this on O'Reilly again tonight. They are profiling all of the politicians and the Attorney General is finally looking into it. (after this was aired nationally)

There is a DJ keeping this case alive, bravo to him...I think he has been instrumental since the beginning..

Nyla4
06-17-2009, 12:26 PM
Well I hope it's a long hard year for the sick pos.

cleo612
06-17-2009, 01:43 PM
Well I hope it's a long hard year for the sick pos.


The problem with this extremely pitiful excuse of a one-year sentence is that he has already served NINE MONTHS while awaiting trial. He will get out after serving only an additional THREE MONTHS.

He recently admitted raping and sodomizing the girl in return for serving one year in the county jail, with credit for time he has already spent behind bars since his arrest nine months ago.

It is enough to make me puke.

Why on earth did they attempt to make these babies testify IN COURT? That is just wrong on so many levels.

Kimster
06-17-2009, 01:53 PM
http://i130.photobucket.com/albums/p242/carlapryor/mad.gif

wfgodot
02-07-2011, 06:14 PM
Oklahoman charged in controversial child rape case dies (http://newsok.com/oklahoman-charged-in-controversial-child-rape-case-dies/article/3538921?custom_click=lead_story_title)
McALESTER (AP) — Authorities say a man who was convicted of raping a child but received a sentence amounting to one year in jail has died.

Pittsburg County Sheriff Joel Kerns told the McAlester News Capital that David Earls died about 2:30 p.m. Saturday at a McAlester hospital, where he was taken after developing flu-like symptoms.

Earls was expected to face trial on a 2009 grand jury indictment charging him with lewd and indecent acts with a child under 16.
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more at link above

Fairy1
02-08-2011, 12:15 AM
Oklahoman charged in controversial child rape case dies (http://newsok.com/oklahoman-charged-in-controversial-child-rape-case-dies/article/3538921?custom_click=lead_story_title)

more at link above

Good riddance and thank God for karma!

DairyGirl
02-08-2011, 01:27 AM
Yeah, I'll all broken up about this.

BrownRice
02-08-2011, 07:12 AM
I would say this is God's hand at justice since he was about to be released to society and presumably reoffend more very young children.

Reading thru the links, the thing that really got me was how often a mother's intuition is correct. She had feelings about him from the beginning. I can only assume she was in a difficult place in her life and needed him (or someone else) desperately to watch her kids while she worked.

Hopefully this family is recovering (if this is even possible) and this little bit of news will help them to the next step.