WEWOKA, Okla. (AP) - A Seminole County judge will determine whether new charges should proceed against a convicted child rapist who served less than a year in jail.
A grand jury indicted David Earls last year on charges of lewd molestation.
Earls' attorney, Albert Hoch, has argued that his client shouldn't face trial for the subsequent allegations involving a 4-year-old girl, who was the victim in the first case, and her brother. Hoch says it violates the double jeopardy ban.
Prosecutors say Earls is being prosecuted for three different alleged acts.
As part of a plea agreement, Earls received a 20-year prison term with 19 years suspended. The deal drew national attention. District Judge George Butner was appointed because four McAlester judges removed themselves from the case.
Information from: The Oklahoman, http://www.newsok.com
(Copyright 2010 by The Associated Press. All Rights Reserved.)