Double jeopardy threatens David Harold Earls case

SONYA COLBERG Modified: September 9, 2009 at 8:28 am •  Published: September 9, 2009
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McALESTER — The embattled Pittsburg County district attorney and legal experts say child rapist David Harold Earls probably won’t be tried for new sex crimes. But Attorney General Drew Edmondson said there’s no problem.

The alleged victims in the new case are the same as those from the previous case. And the alleged lewd and indecent acts the attorney general wants Earls to go to trial for occurred in Pittsburg County about the same time period as the rape.

"Same charges,” District Attorney Jim Bob Miller said.

He said his office knew about the incidents considered by the grand jury but didn’t file charges for the newly publicized incidents because they lacked corroboration and supporting evidence.

"With all due respect Jim Bob Miller was not in the grand jury. Jim Bob Miller was not part of our investigation and Jim Bob Miller does not know the details of the allegations we’ve made in these charges,” Edmondson said. "Nor can he know. He has recused.


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