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Rapist David Earls faces grand jury in new abuse allegation

RANDY ELLIS Modified: August 1, 2009 at 9:38 am •  Published: August 1, 2009
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McALESTER — A Pittsburg County grand jury will convene Aug. 24 to investigate a previously unprosecuted child sex abuse allegation against child rapist David Earls.

District Judge John Maley on Friday ordered the convening of the grand jury at the request of Oklahoma Attorney General Drew Edmondson, who said he wants the grand jury to investigate "alleged lewd and lascivious acts against a child under 14.”

Earls, 65, touched off controversy earlier this year when he entered into a plea agreement that called for him to serve only one year in jail for the rape of a 4-year-old girl.

District Attorney Jim Bob Miller and District Judge Thomas Bartheld received heavy national criticism for agreeing to the plea. Prosecutors said they agreed to the deal because their case rested largely on the testimony of the victim, now 5, who made contradictory statements during pre-trial hearings.

"Earls is set to leave prison on his previous conviction for rape and forcible sodomy in just a few weeks,” Edmondson said Friday.

"After reviewing Earls’ case file, I asked our investigators to look further into Earls’ history and to determine if other unprosecuted crimes existed.”

Investigators found a history of alleged sexual misconduct, as well as possible crimes that have not been prosecuted, the attorney general said.

"Our investigators interviewed potential victims and witnesses in three different states,” Edmondson said. "We gathered information of alleged sexual abuse going back about 30 years.

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