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July 1, 2009

Child protection agency left out of child rape case

MCALESTER - A state child protection agency has questioned why the judge in a controversial rape case did not appoint an agent from the agency to help represent the

5-year-old female victim.

Eddie Kelley, regional director for Oklahoma’s Court Appointed Special Advocates for Children (CASA), said his agency was never asked to look out for the interests of the girl in the rape complaint brought against David Earls, 64.

“We’re assigned by a judge,” said Kelley. “I won’t even get into” why the judge in the Earls case didn’t see fit to involve the agency.

District Judge Thomas Bartheld is under fire for approving an agreement between the defense and prosecuting attorneys that had Earls plead no-contest to the rape charges in return for suspending all but one year of a 20-year prison term.

Earls was allowed to serve the year in the

county jail, and given credit for eight months he had been behind bars since his arrest. He is scheduled for release on Sept. 24.

Kelley acknowledged there is no requirement that the judge appoint a CASA agent to represent youthful victims in rape cases, but he said the agency exists for the purpose of protecting children in court.

“We certainly investigate toward the best interest of the child, then we make recommendations to the court based on fcts we’ve been able to find,” she said.

Judge Bartheld has been criticized for requiring the child victim to qualify as a witness against Earls by appearing at a preliminary court hearing where he was present.

There have been conflicting reports about whether the child was traumatized during the confrontation, and whether her reaction led to the prosecutor’s decision to work out a plea bargain in the case.



The state Attorney General’s Office is conducting an inquiry into the handling of the case, and two state legislators have introduced a resolution calling for the removal of Judge Bartheld from the bench.

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