Motion to Dismiss Rejected for Convicted Oklahoma Rapist David Harold Earls
David Harold Earls made national headlines when he was given a twenty year sentence with nineteen years suspended as part of a plea agreement in the Oklahoma rape of a 4-year-old girl. While his one-year jail term outraged Oklahomans, the agreement was made after his victim's testimony, the primary evidence in the case, was inconsistent and contradictory. Charges that Earls also molested the girl's brother were dropped after the boy changed his story and said he did not remember being assaulted by Earls.
Earls is making headlines again as his Oklahoma defense lawyer argued that facing trial for additional charges against the victim and her brother would amount to double jeopardy.
Protection from "double jeopardy" is a constitutional right that protects citizens from being tried twice for the same crime. Under the Fifth Amendment of the United States Constitution, "[no person shall] be subject for the same offense to be twice put in jeopardy of life or limb." This law essentially protects citizens from being tried for the same crime following an acquittal, being retried after a conviction, and facing multiple punishments for the same crime.
While Earls's Oklahoma sex crime defense attorney argued that a new trial would subject his client to double jeopardy after his initial conviction, a judge agreed with the state attorney general's office that, although the victims were the same in both cases, the accusations and charges are different from those in the original conviction. The judge ruled that there is no evidence that prosecutors and the defense agreed that all crimes and acts committed by David Harold Earls were settled by the original plea agreement. The decision clears the way for a hearing today after Earls's grand jury indictment on three new counts of indecent and lewd acts with a child younger than 16.
Earls was originally convicted of forcible oral sodomy and first degree rape in Oklahoma in 2009.
Elderly Man Charged with Solicitation of a Minor in Oklahoma
While many stereotypes exist about sex offenders and sexual predators, Oklahoma City sex crime defense attorneys know that there are no rules when it comes to allegations of sexual assault. Sex offenders and those accused of sexual assault include both genders and come from all age groups and all walks of life.
Last week, a 73-year-old Oklahoma man was charged with solicitation of a minor and a number of other offenses after he allegedly pulled a 14-year-old girl into his vehicle and offered to pay her for sex. The probable cause affidavit for Duane Nelson's arrest reports that he stopped his vehicle to ask the girl for directions. When she approached his vehicle, Nelson allegedly grabbed her by the wrist and pulled her into the truck, drove her to a city park, and offered to pay her $100 for sex. The girl says she told Nelson that her boyfriend was supposed to meet her at the park, and he let her go. She hid nearby before calling police.
Under the supervision of police, the girl called Nelson the next day and offered to meet him at a local high school. Nelson said that he would provide alcohol for the girl at their meeting.
When he arrived at the designated time and location, Nelson was arrested with a loaded firearm in his pocket. He has been charged with numerous crimes, including kidnapping, indecent proposals to a minor for sex, solicitation, possession of a firearm during the commission of a crime and attempting to provide a minor an intoxicating beverage.
Nelson's Oklahoma defense lawyer will need to look closely at the procedures surrounding his arrest, including the girl's statements about her alleged abduction and the phone call arranging a meeting. Procedural missteps, circumstantial evidence, and lack of evidence can be instrumental in lessened or dismissed charges and can lead to acquittal if a case goes to trial.
Former High School Custodian Admits Rape of Student
As summer begins, Oklahoma students and teachers have reached the end of a school year that saw a number of allegations of student sexual abuse by school employees. An elementary assistant principal was charged with four counts of lewd molestation against young boys. An Oklahoma City alternative school teacher was accused of showing nude photos of himself to a student. A high school baseball coach was arrested on complaints of forcible oral sodomy, rape by instrumentation and first-degree rape based on accusations that he began a sexual relationship in 2001 with a girl who was an eighth-grader when the sexual contact began.
Most recently, an ex-custodian at an Oklahoma high school confessed to authorities that he sexually abused a 16-year-old student on school grounds over the course of the past six months. After the allegations, Jay High School custodian Adam Wolfe was suspended from his job and later resigned.
According to an affidavit for Wolfe's arrest, he initially befriended the alleged victim by giving her candy and soft drinks. Wolfe is accused of raping and sexually abusing the student in the custodial office, an art classroom, and a computer classroom beginning in December 2009 and continuing throughout the school year.
The affidavit states that Wolfe told authorities that he was "unable to resist" the student, and that she objected to each of his sexual encounters with her over the six month period. He says that he did occasionally stop the sexual contact because he felt guilty when his accuser said he was hurting her.
Wolfe is charged with a number of crimes in the sexual abuse of the student, including with four counts of second-degree rape, three counts of second-degree rape by instrumentation, three counts of forcible oral sodomy and three counts of sexual battery. Those accused of Oklahoma sex crimes need the expertise of an Oklahoma rape defense attorney to ensure their right to a fair trial.
Former Chief Investigator Acquitted of Sexual Battery
Last week, the trial began in the Oklahoma City sexual battery case against Kevin Rowland, former chief investigator for the medical examiner's office. After only two days of trial and 50 minutes of deliberation, jurors found Rowland not guilty of sexual battery against a male co-worker.
Rowland was charged with sexual battery following an incident in December of 2007, in which he grabbed the chest of a male co-worker. The prosecution argued that Rowland took sexual pleasure from the action and that he was on "an erotic power trip." According to Rowland's Oklahoma City defense lawyer, however, Rowland's actions were merely "horseplay" and not sexual in nature.
Jurors agreed with the defense that there was no evidence that the incident was meant to arouse either Rowland or his accuser; if the action was not sexual in nature, then no sexual battery occurred. Jurors failed to find evidence that the married Rowland had sexual interest in his male co-worker. Additionally, they considered a series of racy emails sent to Rowland from his accuser before and after the incident. The emails included a montage of film scenes showing topless women.
While jurors found Rowland not guilty of sexual battery, prosecuting attorneys say the judge refused to allow them to consider finding Rowland guilty of misdemeanor assault.
In fact, after the acquittal, one juror claimed that the case was a waste of the taxpayers' money, contrasting the "horseplay" in the Rowland case with serious cases of sexual harassment or sexual battery in the workplace. "It wasn't worth it," she said of the trial.
Rowland still faces Oklahoma rape charges. He is accused of raping a female employee at a Tulsa hotel in 2006. His Oklahoma rape defense attorney asserts that the charge is equally unsupported by evidence as the sexual battery charge, and that it is politically motivated. His trial is scheduled to begin in late November.
Two Arrested for Child Prostitution in Oklahoma City
Two people were arrested last week last weekend on charges of transporting a minor for the purpose of prostitution. When they were arrested, the man and woman accused of pimping an underage girl had six children in the car with them.
Police arrived at an Oklahoma City truck stop when a truck driver called 911 to report that a 16-year-old girl knocked on the window of his truck to ask him if he wanted "company." When officers stopped the vehicle to which the girl returned after the truck driver refused her offer, they found a man and woman in the car with six children, aged 9 to 17. The woman, a transient, claimed to be the mother of four of the children and the aunt to two others. Police said it was not immediately clear if all of the children were being used as prostitutes. The children were taken into state custody, and the adults were booked into the Oklahoma County jail.
The Oklahoma City case is only the latest instance of child prostitution in the news. Earlier this month, a man in a neighboring state was sentenced in federal court to 10 years without parole for attempted commercial sex trafficking of a child. His case opened an undercover investigation into child prostitution, which netted seven defendants in the federal child prostitution case. The U.S. attorney's office reported that officials placed Internet ads for underage prostitutes, and when the defendants showed up to the undercover location and paid cash for a child prostitute, they were arrested.
In Oklahoma, lewd acts with a minor, statutory rape, and internet sex crimes including solicitation of a minor, are all very serious offenses. An Oklahoma sex crime attorney understands the consequences of conviction, including hefty prison sentences and lifetime sex offender registration. Those charged with these crimes need the immediate help of an experienced Oklahoma City criminal defense lawyer to challenge the charges.
Supreme Court Upholds Indefinite Incarceration for the “Sexually Dangerous”
Last week, the Supreme Court ruled that federal officials can indefinitely hold inmates considered sexually dangerous, even after they have completed their prison sentences. The ruling overturns a lower court decision that claimed Congress overstepped its authority in enacting a law that allows indefinite detention of sexually dangerous inmates.
The Act in question is the Adam Walsh Child Protection and Safety Act, signed in 2006 by President George W. Bush. The Act authorizes civil commitment of sexually dangerous federal inmates. The Adam Walsh Child Protection and Safety Act also established the sex offender registry, increased penalties for federal crimes against children, and strengthened protection from child pornography. The only challenged aspect of the Act is the civil commitment of federal inmates deemed sexually dangerous.
According to Justice Stephen Breyer, "The statute is a 'necessary and proper' means of exercising the federal authority that permits Congress to create federal criminal laws, to punish their violation, to imprison violators, to provide appropriately for those imprisoned and to maintain the security of those who are not imprisoned by who may be affected by the federal imprisonment of others."
The inmates challenging the law were convicted of possession of child pornography or sexual abuse of a minor. Though their incarceration was supposed to have ended more than two years ago, the men are still confined, as authorities have determined that the men are sexually dangerous, or a risk for sexually violent behavior or child molestation if they are released.
Dissenters in the Supreme Court's decision included Justice Clarence Thomas and Justice Antonin Scalia. Thomas stated in his dissension that nothing in the Constitution "expressly delegates to Congress the power to enact a civil commitment regime for sexually dangerous persons, nor does any other provision in the Constitution vest Congress or the other branches of the federal government with such a power," and that Congress can only pass laws that deal with federal powers specifically outlined in the Constitution.
The Supreme Court's ruling only affects those convicted of federal sex crimes. State laws dealing with the civil commitment of sex offenders and those convicted of child sexual assault are not affected by the ruling.
If you have been charged with a sex crime in Oklahoma, contact an Oklahoma sex crime defense attorney immediately to protect your rights and your freedoms.
Registered Sex Offender
This past week we were able to help a client get completely removed from the Oklahoma Sex Offender registry.
Former Oklahoma Official Faces Trial in Sexual Battery Case
The former chief investigator for the Office of the Chief Medical Examiner faces a sexual battery trial after an Oklahoma County judge denied the defense's motion to quash his indictment. Kevin Rowland also faced four charges of sexual battery in Tulsa, but three of the charges were dropped because they had reached the statute of limitations, and the fourth charge was amended to rape.
Rowland's Oklahoma sex crime defense lawyer asserts that the charges against the former chief investigator are politically motivated. He filed the motion to quash saying that the indictment stemmed from an incident that was merely "horseplay" between two co-workers, rather than a sexually motivated crime. Rowland is accused of sexual battery for twisting the nipple of another male investigator while making a sexually suggestive statement. Prosecutors claim that the action was intended to "arouse and excite sexual interest," and that the former chief investigator was taking advantage of his subordinate. However, the defense attorney asserts that the alleged victim did not take the incident as harassment and, in fact, did not even report the incident. Rather, he disclosed it during an investigation into the other sexual battery charges against Rowland.
In fact, recently fired chief medical examiner Dr. Collie Trant states that he believes Rowland's alleged sex offenses are a result of the culture of the agency, rather than individual criminal conduct. He alleges in a lawsuit fighting his dismissal that he was fired in retaliation for reporting wrongdoing in Rowland's indictment.
Oklahoma sexual battery laws are some of the toughest in the nation. While many states consider sexual battery to be a misdemeanor, Oklahoma law treats sexual battery as a felony punishable by up to ten years in prison. Oklahoma law gives a broad definition of sexual battery. This vague definition allows sexual battery charges to be applied in a wide variety of situations, but can make it difficult to prove, due to the subjective nature of the charge. If you have been charged with sexual battery in Oklahoma City, obtain legal counsel as soon as possible. Seek an Oklahoma City defense lawyer with years of experience of successful sex crimes defense.
Oklahoma Governor Henry Signs Bill Increasing Sex Offender Restrictions
Last week, Governor Brad Henry signed Senate Bill 2064 into law. The bill, sponsored by Senator Jay Paul Gumm (D-Durant) and Representative Randy Terrell (R-Moore), strengthens restrictions on registered Oklahoma sex offenders by increasing the "zone of safety" around locations frequented by children: schools, childcare facilities, playgrounds, and parks. Under the previous statute, sex offenders were not allowed within 300 feet of such areas; the new legislation extends the zone to 500 feet.
In fact, only two days after Governor Henry signed the new sex offender restrictions into law, a registered sex offender was arrested at the Festival of the Arts in Oklahoma City. When officers received complaints of a man panhandling and, the next day, of being intoxicated, they discovered that he was, in fact, a registered sex offender convicted of forcible oral sodomy in 1999. Because the Festival of the Arts takes place within an Oklahoma City park, as a sexual offender, the man was not allowed within 300 feet under existing Oklahoma law. He was arrested on a complaint of failure to comply with Oklahoma sex offender registration laws. When the new law is enacted, the "zone of safety" surrounding the park will increase to 500 feet, keeping registered offenders even further from the Festival.
An expanded zone of safety is not the only restriction strengthened by Senate Bill 2064. The law places new restrictions on registered sexual offenders who have legitimate reasons, such as dropping off or picking up their own children, for entering into a declared safe zone such as a school or daycare. Any offender who has a legitimate purpose for entering the zone must first notify the facility of his or her status as a sex offender. The sexual offender must further inform the facility of the time he or she will be in the area, and may only remain in the area for a "reasonable" amount of time.
Senate Bill 2064 is designed to protect children from sexual predators. However, it also further restricts the rights of those who may have been unjustly convicted or arbitrarily assigned to a high-level tier by the Risk Assessment Review Committee. If you are charged with a sex crime in Oklahoma, you may be facing lifetime registration as a sexual offender and subject to these new restrictions. Seek competent, experienced counsel from an Oklahoma City sex crimes defense lawyer to ensure the best outcome to your case.
A Further Look at False Child Sexual Assault Claims
Last week, we began looking at false rape accusations and false child sexual assault allegations. The posts discussed the consequences of a false accusation, and even worse, a wrongful conviction. While traditional theory is that children don't lie about abuse, this theory has been repeatedly proven to be untrue. Most false allegations of child molestation are lodged by an adult on behalf of the child. However, sometimes children do lie about being sexually abused.
One particular scenario of a child making false claims of sexual abuse against an adult is the "get a new daddy" phenomenon. A child will accuse his or her step-parent, or the romantic partner of a parent, of sexual assault in order to get him or her out of the picture. The phenomenon has become common enough that it has been satirized by the comedy troupe The Whitest Kids U Know:
While the above song attempts to take a light-hearted view of the scenario, the situation is anything but funny. One falsely accused father chronicles his horrific saga of false accusation on his blog. He tells of being accused of assaulting a little girl at a party, and how his proclamation of innocence was twisted into what seemed to be a confession on his "statement," which was written entirely by the interviewing officer. He tells of being removed from his own home and separated from his own children based on the recommendations from Child Protective Services and the wrongful accusation of a four-year-old girl.
One Oklahoma victim of false accusation, Timothy Durham, was charged and convicted of raping an 11-year-old girl in Tulsa County, even though eleven alibi witnesses placed him at an event in Dallas at the time of the alleged incident. Durham's ordeal began with the wrongful allegation of child rape in 1991 and continued until he was exonerated by DNA evidence in 1997. Durham was incarcerated for 3-1/2 years before his conviction was overturned.
If you are the victim of false child sexual assault allegations, do not speak to police, DHS or child protective services workers, or anyone else about the events without an Oklahoma City sex crimes defense lawyer present. An experienced defense attorney knows the ways in which your own words and expressions of innocence can be twisted and used against you. The consequences of a false claim of child sex abuse can be devastating and lifelong. Be sure to immediately seek competent, knowledgeable defense counsel if you are wrongfully accused of sexual abuse in Oklahoma.