Published: June 06, 2009 04:57 pm      

O’Reilly, Rivera take Bartheld, Miller to task on national TV

Bill O’Reilly and Geraldo Rivera again condemned local District 18 Judge Thomas Bartheld on a national television program Friday night for his sentence of a child rapist. During the O’Reilly Factor segment aired on Fox News, they expanded their criticism to include District Attorney Jim Bob Miller, and vowed to take their complaints to Oklahoma’s governor.

“I think the state of Oklahoma has to investigate,” O’Reilly said. “I’m going to ask the governor on Monday to launch an investigation into this and to explain to the American people why a child rapist, who raped not one but two, gets a year in prison.

“I think if we don’t investigate this, Geraldo, we don’t have a justice system in America.”

Rivera visited McAlester Thursday to speak with the mother of a young girl whose rapist was convicted in a plea bargain with Miller’s office and sentenced by Bartheld to a year in prison, with another 19 years suspended. Rivera’s interview of the woman was aired during the Friday segment.

“I wish that I had not allowed that man into my home,” the mother said of Earls, sobbing. “I wish that... I love the children very much and to allow that man to do what he did to them is inexcusable.”

As was first reported on May 17 by the McAlester News-Capital, David Harold E. Earls, 64, of Wister, pleaded no contest May 13 to charges of first degree rape and forcible sodomy of a 5-year-old girl. Court filings in the case suggest the girl’s brother was also attacked but Earls was never charged in that allegation.

Earls was sentenced last month following a plea bargain negotiated between Earls’ attorney, Tim Mills, and local prosecutors.

Last week, Bartheld was lambasted by Rivera and O’Reilly on the O’Reilly Factor.

“This judge should be thrown off the bench immediately,” O’Reilly said.

Rivera spoke with Miller and Bartheld before the first segment was aired, and Bartheld said Rivera accused him of traumatizing the victim in his courtroom.

“They put Geraldo on, and it was clear to me that whatever information he had, I was the bad guy,” Bartheld said of the phone conversation.

“He talked to me, ‘that child was traumatized in your courtroom.’ I said, ‘I didn’t see that.’

“I don’t know what information he had, but he firmly believed she had been” traumatized by the courtroom experience.

At issue was a hearing in which the victim was in a courtroom with Earls to attempt to “qualify” the child as a witness.

The technical term refers to a witness’ ability to tell the difference between truth and a lie.

Later, on another day, the hearing was moved into the judge’s chambers, away from Earls, and the child was qualified to testify at Earls’ trial by video. But then Miller’s office decided against proceeding with a trial and said Earls’ attorney offered a year’s jail time, which he accepted.

On Thursday, Rivera told the News-Capital that the hearing was unnecessary and amounted to a “re-rape” of the child. He said he had contacted the U.S. Attorney’s office to inquire about a civil rights action against Earls.

U.S. Attorney Sheldon Sperling said he had been contacted by a television reporter “and pursuant to that call I’ve read your articles.” He declined further comment.

Meanwhile, O’Reilly announced Friday night his plans to consult Oklahoma Gov. Brad Henry on Monday and to invite him and the U.S. Attorney to appear on the O’Reilly Factor next week

“There’s no excuse or finger pointing that is going to make this OK,” O’Reilly said during the Friday broadcast. “So I’m going to call the governor.”

Rivera said he was unable to interview either Bartheld or Miller while he was in McAlester Thursday, and video aired Friday shows him speaking with the judge’s clerk in his office. Rivera later learned Bartheld’s son had been hospitalized with a broken leg.

“The judge could have given me five minutes,” Rivera said.

According to O’Reilly, both Bartheld and Miller knew Rivera was traveling to McAlester to confront them about the case.

“Both of them ran and hid, demonstrating exactly what kind of individuals they are,” O’Reilly said.

Rivera shared his impressions of the community based on his visit.

“I call this case the shame of McAlester,” Rivera said. “McAlester is a fine town in southeastern Oklahoma, an old coal-mining town. The people. Very, very nice people. They are surrounded by the various Indian nations. A very picturesque part of the country.

“These people understand the gigantic shame that Bartheld has laid on their community by giving them this fake justice, in which these children’s ravagement was given a legal blessing.

“I think they have to shun this man and let him take his own course.”

Rivera also referred to Miller in denouncing the Earls sentence.

“I think that both these people have to be shunned,” he said. “They have to be told by their communities what McAlester, Oklahoma and the rest of the United States, indeed anyone with a conscience across the planet, feels about it.”

Rivera also called for community action to help the victim and her family, who he said planned to move away.

“I think they also have to do something for this family,” Rivera said. “They must, in every way, shape or form, allow the generosity of the community, both public and private, to aid in the healing and redemption for these poor victimized children before their entire lives are ruined.”

Contact Kandra Wells at kwells@mcalesternews.com.