Convicted rapist set for hearing after Pittsburg County judge rejects move to dismiss case

BY Michael Baker Published: June 24, 2010
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MCALESTER — A judge's ruling Wednesday rejected an argument by a convicted rapist that he was being subjected to double jeopardy.

The ruling clears the way for a preliminary hearing Monday for David Harold Earls, indicted by a grand jury and charged with three counts of indecent and lewd acts with a child younger than 16.

Last year's indictment came after Earls accepted a plea bargain in Pittsburg County District Court of one year in jail and 19 years suspended for the rape of a 4-year-old girl.

Earls' attorney contended his client shouldn't face trial for additional allegations involving a 4-year-old girl, who was the victim in the other case, and her brother.

The state attorney general's office argued that although the victims might be the same, Earls is being prosecuted on accusations of three different acts of lewd molestation against the two children.

Seminole County District Judge George Butner ruled that when the original plea deal was struck, there was no record prosecutors and the defense agreed that all crimes and all acts committed by Earls against the two victims between May and August 2008 were settled.

Earl's preliminary hearing is scheduled for Monday at the Pittsburg County District Court in McAlester.

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