A multicounty grand jury misconduct investigation ended Thursday with Pittsburg County District Attorney Jim Bob Miller agreeing not to seek re-election. Miller’s issue revolved around what he considered slanderous Internet messages about him. A subpoena was issued that targeted 35 anonymous posters to a McAlester-based Web site. The subpoena sought the identities and Social Security numbers of the posters. "There’s a real problem when you’re the victim issuing a subpoena in a criminal case,” Attorney General Drew Edmondson said. "That’s what gave rise to the complaint.” Miller has been in office on and off since being appointed in 2002 by then-Gov. Frank Keating. He won his election in 2006; his term ends in early January 2011. Miller said he has mixed emotions about not seeking re-election. "It was a decision that I have considered for many months, but which was obviously helped along by the allegations from the attorney general’s office,” he said in a statement. Miller entered a deferred prosecution agreement on the charge of "barratry,” meaning he brought groundless judicial proceedings. The agreement also requires Miller to waive the statute of limitations for the alleged crime. If he violates the agreement, the state can pursue the allegations. Miller also must keep his office out of any investigations in which he or his staff are the alleged victims. He said the biggest reason for his decision is because of the toll on his family and friends. "In the last few months, the threats to my family and vandalism of my property have caused me great concern for my family’s safety,” Miller said. Miller was criticized over the child rape plea agreement in May for David Harold Earls that ended up with Earls’ being given a one-year jail sentence and 19 years of probation. Earls may end up back in the courtroom because a Pittsburg County grand jury this week issued a three-count indictment alleging Earls touched two children in a "lewd and lascivious manner.” Miller said thousands of dollars were spent on the county grand jury "to indict David Earls on charges that we already knew existed but had no physical evidence or corroboration by any witness.” Edmondson said a handful of district attorneys have ended up before the grand jury over the years. "It’s always painful to do that,” Edmondson said.
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