Oklahoma man gets one year jail sentence for raping a 4-year-old girl

[Beaverhausen]

http://www.stillwater-newspress.com/local/local_story_162225055.html

Attorney general asks why rapist didn't face more charges

By Kandra Wells
CNHI News Service

McALESTER -- Oklahoma's attorney general wants to know why a man who admitted raping a McAlester girl did not also face charges for abusing her older brother.

Two state legislators are separately calling for the removal of the judge who oversaw the controversial plea agreement that gave David Earls just one year in jail.

Attorney General Drew Edmondson said he is disturbed by the "lenient" deal struck last month with Earls, who pleaded no contest to raping and sodomizing the girl, then 4 years old.

District Judge Tom Bartheld ordered Earls, 64, to serve one year of a 20-year sentence. He was also credited for time he's spent in jail, meaning he will be released in three months.

Police initially identified the girl's brother, who was then 5, as a possible victim. Earls also faced a charge for forcing the boy to watch as he raped the girl.

But Bartheld dismissed that charge during Earls' May 13 sentencing, "based upon the recommendation of the district attorney," according to court records.

********

Well, gee, glad they are investigating this. :eyes:

[derby378]

1. And they dare call this justice?

William Zanzinger killed poor Hattie Carroll
With a cane that he twirled around his diamond ring finger
At a Baltimore hotel society gatherin'
And the cops were called in and his weapon took from him
As they rode him in custody down to the station
And booked William Zanzinger for first-degree murder

But you who philosophize disgrace
And criticize all fears
Take the rag away from your face
Now ain't the time for your tears

William Zanzinger who at twenty-four years
Owns a tobacco farm of six hundred acres
With rich wealthy parents who provide and protect him
And high office relations in the politics of Maryland
Reacted to his deed with a shrug of his shoulders
And swear words and sneering and his tongue it was snarling
In a matter of minutes on bail was out walking

But you who philosophize disgrace
And criticize all fears
Take the rag away from your face
Now ain't the time for your tears

Hattie Carroll was a maid in the kitchen
She was fifty-one years old and gave birth to ten children
Who carried the dishes and took out the garbage
And never sat once at the head of the table
And didn't even talk to the people at the table
Who just cleaned up all the food from the table
And emptied the ashtrays on a whole other level
Got killed by a blow, lay slain by a cane
That sailed through the air and came down through the room
Doomed and determined to destroy all the gentle
And she never done nothing to William Zanzinger

And you who philosophize disgrace
And criticize all fears
Take the rag away from your face
Now ain't the time for your tears

In the courtroom of honor, the judge pounded his gavel
To show that all's equal and that the courts are on the level
And that the strings in the books ain't pulled and persuaded
And that even the nobles get properly handled
Once that the cops have chased after and caught 'em
And that ladder of law has no top and no bottom
Stared at the person who killed for no reason
Who just happened to be feelin' that way witout warnin'
And he spoke through his cloak, most deep and distinguished
And handed out strongly, for penalty and repentance
William Zanzinger with a six-month sentence

Oh, but you who philosophize disgrace
And criticize all fears
Bury the rag deep in your face
For now's the time for your tears

:cry:

[WI_DEM]

2. a year for raping a four year old does seem very lenient.

[jjray7]

6. and what do think happens to this guy in jail?

If he goes to a standard penitentiary and is not kept in 24 hour lockdown, he'll be killed. I personally don't think the guy has much chance making it out of jail alive.

[Echo In Light]

7. Send the sicko "judge" with him

[Beaverhausen]

9. so, he should be out in society, free to rape other small children?

Pardon me if I don't feel the least bit sorry for him.

[riverdeep]

20. He's not going to a penitentiary.

"Bartheld specified that Earls get credit for time served. He also ordered Earls to serve his sentence at the county jail, instead of a state prison. The sentence included two $500 fines."

I never did understand the 'code of honor' or whatever it is that criminals have, some sort of a caste system. Cops gone bad and child rapists and molesters are supposedly at the bottom, but who the hell are they to judge in the first place? It's not exactly kosher raping a full grown woman or man. You'd think they'd be happy the more shocking the crime.

[robinlynne]

3. I say give the judge one year, and the other 19 to the rapist.

[Webster Green]

12. A very wise suggestion.

:wtf:

[undeterred]

4. She wasn't a fetus any more.

[valerief]

11. Bingo. That's why she doesn't count. Freak fundies. nt

[T Wolf]

5. Yep - those flyover states don't seem to care about fetuses once they become actual people. nt

[Chemisse]

8. He is one sick puppy

He should have a longer sentence if only to protect other small children.

[valerief]

10. I guess they must all do it, so it's really okay. Animals. nt

[Lars39]

13. I watched the CNN segment....seems they weren't sure of the chances

of any kind of conviction given the girl's age. They decided it would be better to have him tagged as a sex offender than to get off totally scot free. :(

[riverdeep]

16. I don't get that, didn't he confess?

"Earls admitted to raping and sodomizing the girl between May 1 and Aug. 1, 2008, while he was living with the girl's mother. He was arrested in September, after the girl and her brother told their grandmother about the abuse. Earls never made the $250,000 bail."

As long as the confession wasn't forced, how bad a prosecutor do you have to be to let this guy walk?

[Lars39]

17. They talkd about that in the CNN segment,

but I don't remember the particulars. Something about his admission being not as full? :shrug:

[damntexdem]

14. What do they think they are -- the Catholic Church?

Well, maybe they can rename nearby Robbers' Cave State Park: Judges and Prosecutors Cave State Park.

[MrSlayer]

15. This is absolutely disgusting.

This "person" should be killed in the most horrific manner possible. Rape children? Death Penalty.

[riverdeep]

18. Some legislators are looking to have the judge removed from the bench.

I think it's warranted, from the facts in the article anyway. The Attorney General is investigating as well. Something seems to be taking place about this. It would be a crime on top of an already horrible crime to let this stand.

"District Judge Tom Bartheld ordered Earls, 64, to serve one year of a 20-year sentence. He was also credited for time he's spent in jail, meaning he will be released in three months."

He's also doing his time in county jail, rather than the big house. One year of a twenty year sentence in county jail for raping and sodomizing a four year old girl and possibly her five year old brother or making him watch while she was raped. Outrageous. He should have gotten the full twenty- at least. That's what prisons are for, not for pot heads.

[Sebastian Doyle]

19. One year should be sufficient for this piece of shit

Provided they put him in general population with a special prison jumpsuit that has "BABY RAPER" printed on the back.

Then, Justice will be administered by the other convicts.

If this piece of shit survives his year, he'll never forget it.

[lunatica]

21. fuck!

He deserves to get raped every single day of that year. Gang raped. I wouldn't shed a tear for him. And that judge! Well if he were raped maybe he'd think it wasn't such a small little crime.

[Z_I_Peevey]

22. First, the disclaimer:

I know many of the people involved in this case. I know the judge. I believe him to be a fair man. In the past, he has been supportive of children's causes. In my opinion, the plea bargain he approved was the best solution to a very, very bad situation.

This case was botched from the get-go by incompetent investigators and an even more incompetent A.D.A. They are the people who should be fired for this. If the judge takes the fall, it will be a sad day. If the D.A. takes the fall, so be it. He hired the A.D.A who cut this deal, and he's backing her even now.

As you can tell, I'm no friend of the D.A. He's a buffoon. A Republican-turned-DINO who was appointed to the post and has botched almost every major case that has come his way.

O'Reilly and Geraldo are on this like stink on a skunk, and in grand Faux tradition, they started screaming before they had the facts. Calling for the judge's impeachment, etc. Obliging idiots in the state legislature fell into lockstep. It's all rather pathetic.

BUT, if all this publicity FORCES the local cops to actually INVESTIGATE before their buddies in the D.A.'s office file charges, and if this forces the D.A. to file only those charges which can be proven, then at least the NEXT victim might get justice.

[riverdeep]

23. Thanks for that insight, it does give a fuller picture of the story.

I was wondering about what kind of a DA wouldn't allow prosecution to the fullest extent on a high profile case. It seems to go against their basic nature.