<Date: June 5, 2009>

<Time: 20:00>

<Tran: 060503cb.256>

<Type: Show>

<Head: Judge Rules 1 Year Sentence for Child Rapist >

<Sect: News; Domestic>

<Byline: Bill O'Reilly>

<Guest: Geraldo Rivera>

<Spec: Children; Crime>

O'REILLY: Factor investigation segment tonight, a revolting situation in Oklahoma. 64-year old David Earls raped a 5-year-old girl. Earls, a very bad guy, with two previous convictions.But Judge Thomas Bartheld sentenced Earls to just one year in prison after Barthelds ordered the five-year-old to testify in open court. Of course, the little girl fell apart, after which prosecutors made a deal with the devil, offering Earls just one year.

Now by any measure, that's not justice. That's corruption. So we sent Geraldo down to confront Judge Bartheld and District Attorney J.B. Miller. Both of them ran and hid, demonstrating exactly what kind of individuals they are, but Geraldo did speak to the 5-year old's mother.


GERALDO RIVERA: He raped your children.


RIVERA: And he got one year in jail for it.

UNIDENTIFIED FEMALE: I know, but he did get 19 years probation. Plus he has to register as a sex offender for the rest of his life.

RIVERA: And didn't the little girl go into court according to the district attorney with her hands over her eyes? I'm not seeing David Earls? I'm not seeing David Earls.


RIVERA: And What did you feel when she did that?

UNIDENTIFIED FEMALE: I wanted to cry. I wanted to just pull her into my arms and cry. I wish that I had not allowed that man into my home. I wished that -- I love my child very much. And to allow that man to do what he did to them is inexcusable.


O'REILLY: Joining us now from our New York City studio, FOX News anchor Geraldo Rivera.

Now a couple of things. There was another child. The little girl's sibling was involved in this. We can't get graphic about this, Geraldo. I mean, it's just too.

RIVERA: They were both raped and they were both sodomized.

O'REILLY: Right. It's just monstrous what the guy did to get a year in prison. But the judge could have had the 5-year-old testify on videotape. The judge said no. The judge made that little girl get into the courtroom, where she fell apart, was not capable of testifying. And that's how it all went down.

All right, so you went out there, and you wanted to talk to the judge and to the D.A. and what happened?

RIVERA: Let me just begin with this distraught mother. And she is distraught for obviously good reason. She feels tremendous guilt, as she should. As is typical in these cases, Bill, the single mother, the stressed out single mom welcomes the man into her house. The man pretends that he is interested in her when in fact, and I've seen this in scores of cases over the years what the predator really want is access to the children. And this woman foolishly gave this monster, who has done it to other people, we've heard from other victims who have e-mailed us since the first report last week, she allowed him access to the house. She allowed him to sleep in the bed with the children and all of the rest of it.

She is leaving from Mcalester, Oklahoma and moving to another place, I will not disclose, to begin her life anew. I am a little worried because there's another man in her life. And I'm not sure obviously about her judgment, because her judgment has been found wanting.

Now as to Judge Bartheld and District Attorney Jim Bob Miller, I believe that this judge's primarily responsible. He is the man who initially turned down Miller's motion to do this privately by remote closed circuit camera so the children would not be confronted by the monster, who I one might add is 6 feet 2 inches, over 200 pounds. He is in every way in the 5-year-old's mind a physical monster, a beast of a man who has abused them.

The child goes into court. The child absolutely is destroyed. Then the judge grants the motion granting the closed-circuit TV. That's the motion that the judge then publishes to the local press and tells them the fake story that he wanted to have a private hearing all along. That is BS. Judge Bartheld who knew I was coming to town and refused to speak with me. I was in his chambers. I spoke to everybody. I wanted that judge to give me five minutes.

In his defense, he had a son who broke his leg earlier in the week. And the son was in the hospital, but we have all had circumstances like that. When you're dealing with a ruined young child's life, or severely damaged young child's life, the judge could've given me five minutes.

So the judge, I believe, is primarily responsible, but so is the District Attorney Jim Bob Miller. Why didn't Jim Bob Miller pursue that case in court? Why didn't he take this creep to trial? The fact that these witnesses were skittish, the fact that these children became so upset when confronted by the man who had violated them is no excuse. They had statements from David Earls in which he admitted being in the bed with the child, in which he admitted other things too graphic for me to reveal right now.

They should have started that trial. If they had proceeded down that line, Earls would have lost his nerve. And the deal they could have gotten, if there were going to plead him out would have been closer to the deal they were seeking, 20 years behind bars.

O'REILLY: All right.

RIVERA: Instead, they went for the one year. They went for the short money.

O'REILLY: How - you're an attorney. How can we get Bartheld disbarred from the -- tossed off the bench? Because that's number one. We got to get him out of there. How can we do that?

RIVERA: Well, I think that it is extremely difficult because he is within his discretion. I think what has to happen is something more subtle. I called this case the shame of Mcalester. Mcalester's a fine town in southeastern Oklahoma, and old, coal mining town. The people very, very nice people. They are surrounded by the various Indian nations. 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 ravishment was given the legal blessing. I think they have to shun this man and let him take his own course.

The district attorney, that is an elected office. And I think that people really have to look to Jim Bob Miller, who's an extremely well- connected, wealthy family, long tradition, started life as a Republican, became a Democrat, he is involved, I am told, and I can report. Several sources tell me that he is the target of a grand jury investigation for the abuse of power, a grand jury going on up in Oklahoma City, the main city, obviously, in Oklahoma about 90 miles north of where Mcalester is.

I think that both these people have to be shunned. 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.

O'REILLY: I think the state of Oklahoma has to investigate. 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. Wouldn't you agree?

RIVERA: I do. And I think the social economic - you just saw the mother.


RIVERA: I think it is her modest circumstance that caused these people to devalue her lovely children.

O'REILLY: But that's always the way it is.

RIVERA: Her lovely children, who I met. The children are skittish. They are, you know, scarred.

O'REILLY: Oh, absolutely.

RIVERA: I wanted to cry when I looked at them. I didn't even want to show them, and you didn't, either even from the back.

O'REILLY: Right.

RIVERA: But I feel for them. You and I, parents, people watching now, parents, imagine what this happened, this rape and then the re-rape by the judge and the district attorney.

O'REILLY: Right, well, whatever it is, the state of Oklahoma now has to take it over. Okay, because it's obvious that you've got a judge and a district attorney that can't do their jobs. It's obvious. This is not - there's no excuse or finger- pointing that is going to make this okay.

So I'm going to call the governor. And we did this with ACORN in Louisiana and Bobby Jindal responded. And now ACORN is being investigated or will be by the state. We're going to do the same thing in Oklahoma. And perhaps the governor will come on. We'll invite him on next week to say exactly what he's going to do. We'll get the attorney general of Oklahoma, because I agree with you, Geraldo. The community does not want this. They're ashamed of this. They're outraged by this. So now we've got to galvanize and get him out. I'll give you the last word.

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

O'REILLY: They'll never be ruined. Right, I want them to get every benefit, but they'll never be healed, they'll never -- which is why we don't want these predators ever -- and Oklahoma has Jessica's Law. This guy should have been away forever. All right, Geraldo.

RIVERA: (INAUDIBLE) sentences five, 10 years for petty stuff. And look at this.

O'REILLY: Right, right.

RIVERA: Look at this.

O'REILLY: Stay on the case. And we will have an update next week.


O'REILLY: And I do want to tell you about one thing also. We have a correction, a rare correction on The Factor . Earlier this week, I said that only Anderson Cooper on CNN covered of Private Long in Arkansas. Well, today, a snide and surly guy on CNN pointed out that the story was covered more extensively by that network. And that is true. I was wrong. My apologies to CNN. I was talking about primetime, but I did not say that. So I was wrong. As they say in third grade, my bad.

Now on Monday, we'll have more on how CNN handled the Private Long and Tiller story to make a comparison. So don't miss that.

There is plenty more ahead this evening as The Factor moves along from Washington. Remember the old Ed Sullivan show? It has disappeared from view. Well we found some amazing clips in the vault.

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