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Thread: Molesterís sentence leads to cries of injustice

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    Molesterís sentence leads to cries of injustice

    How is it that a state such as OKlahoma were repeat child molesters (if victim 12 years old or younger) are subject to the death penalty or life in prison for the second offense suddenly become Vermont? Is the judge somehow related to Edward Cashman? States like Oklahoma should be a child molester's worst nightmare, it should be like a Texas is to convicted murderers.


    McAlester News-Capital, McAlester, OK - Molesterís sentence leads to cries of injustice

    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 childís 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.

    ďGramma, itís OK,Ē the girl said, according to an account the grandmother gave police. ďDavid Earls touches me there.Ē

    David Harold Earls, 64, a twice convicted felon, had watched the children during weekends while their mother worked.

    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.

    Judge Thomas Bartheld ordered the sentence under a plea bargain agreement recommended by Earlsí lawyer and Assistant District Attorney Lisa Birdwell.

    The agreement has touched off a major controversy over criminal justice in McAlester, including calls for the removal of the judge from office. The state attorney general has also launched an inquiry into the case.

    Actually, the judge imposed a sentence of 20 years in prison, but he suspended 19 of those years. He also fined Earls $1,000.

    ďSome people think I could have given a different sentence, and I couldnít,Ē said District Judge Thomas Bartheld. ďIn any plea bargain, where there is a negotiated plea, the court canít change it.Ē
    Last edited by jamesrage; 06-17-09 at 03:04 PM.
    "A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself. For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men. He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist. A murder is less to fear"

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    Re: Molesterís sentence leads to cries of injustice

    couldn't he just reject the plea deal than

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    Quote Originally Posted by jallman View Post
    How the hell did you just tie in a retroactive reparative measure with a proactive preventative measure. Not even close to being the same thing.

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    Re: Molesterís sentence leads to cries of injustice

    The DA realizes that there is almost no case against this guy, so he and the defendant agree to a plea deal. The judge looks at the situation, realizes that there's no case, and enforces it. Then people throw a fit about the judge being "corrupt"?

    Oklahoma sounds less like a child molester's worst nightmare and more like a rational person's worst nightmare.
    People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.

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    Re: Molesterís sentence leads to cries of injustice

    Would you rather that the case had gone to trial, no conviction made, and the man avoided any punishment entirely? From the case the article presented, the DA chose the best option he had. The lack of evidence left him in a weak bargaining position. At least the man is now recognized for what he is.

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    Re: Molesterís sentence leads to cries of injustice

    Whats new?
    Maybe he'll kill some kid in a year. Bury him/her alive in a garbage bag.


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    Re: Molesterís sentence leads to cries of injustice

    Quote Originally Posted by DeeJayH View Post
    couldn't he just reject the plea deal than
    Not without causing an absolute uproar that would lead to his removal from the bench.

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    Re: Molesterís sentence leads to cries of injustice

    Quote Originally Posted by Vader View Post
    Not without causing an absolute uproar that would lead to his removal from the bench.
    Where are you getting this from? Judges reject plea deals all the time. The reason why he didn't do so here is that it sounds like it was an eminently reasonable deal.
    People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.

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    Re: Molesterís sentence leads to cries of injustice

    Quote Originally Posted by RightinNYC View Post
    Where are you getting this from? Judges reject plea deals all the time. The reason why he didn't do so here is that it sounds like it was an eminently reasonable deal.
    I agree. I had read about this earlier this week, particularly where the daughter (whose testimony would be required to bring this to trial) stated he had not done anything to her. The DA would risk the charges being completely dropped and then this guy serves no time.

    The guy is a complete scumbag, and I hope he gets his due when he is in jail.

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    Re: Molesterís sentence leads to cries of injustice

    Quote Originally Posted by aps View Post

    The guy is a complete scumbag, and I hope he gets his due when he is in jail.
    The problem is he is going to be released this december.
    After admitting he raped the lil girl he got a plea deal.. he got a fine of $1,000 and the sentence reduced by 19 years...to 1 year.

    1 year and $1,000 of an intitial 20 year sentence for one of the two alledged molestations.

    He was already a felon on top of it.

    Its absurd.



    article-

    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.
    Last edited by Triad; 06-18-09 at 05:35 AM.

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    Re: Molesterís sentence leads to cries of injustice

    Quote Originally Posted by Triad View Post
    The problem is he is going to be released this december.
    After admitting he raped the lil girl he got a plea deal.. he got a fine of $1,000 and the sentence reduced by 19 years...to 1 year.

    1 year and $1,000 of an intitial 20 year sentence for one of the two alledged molestations.

    He was already a felon on top of it.

    Its absurd.



    article-
    Oh, I hear your disgust and agree with it wholeheartedly. I don't have an understanding of how they came to the $1000 fine. It does seem too low. And the suspension of the majority of the sentence--I don't understand that either.

    I believe that inmates have a particular hatred toward child molesters and that he would need to be in jail for less than a week to receive his "due." *crosses fingers*

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