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. He is not involved in this prosecution.” The attorney general’s office will prosecute the case if it goes to court. "I wish the attorney general luck,” Miller said.
Overcoming challengeEdmondson said he and his investigators expected claims of double jeopardy but are confident they can overcome the challenge. Double jeopardy prevents someone from being re-tried for allegations that have already been tried or dismissed under a plea bargain. Irven Box, an Oklahoma City defense attorney, said the issue is clear if it is the same victim and the incident happened at the same time as the incidents in which Earls previously pleaded no contest. "I think it would be no doubt a double-jeopardy issue,” he said. "And he could not be tried again.”
NewsOK.com has disabled the comments for this article.