McAlester —

Oklahoma's attorney general wants to know why a man who admitted to raping a McAlester girl did not also face charges for abusing her older brother.

Two state legislators are separately calling for the removal of the judge who oversaw the controversial plea agreement that gave David Earls just one year in jail.

Attorney General Drew Edmondson said he is disturbed by the "lenient" deal struck last month with Earls, who pleaded no contest to raping and sodomizing the girl, then 4 years old.

District Judge Tom Bartheld ordered Earls, 64, to serve one year of a 20-year sentence. He was also credited for time he's spent in jail, meaning he will be released in three months.

Police initially identified the girl's brother, who was then 5, as a possible victim. Earls also faced a charge for forcing the boy to watch as he raped the girl.

But Bartheld dismissed that charge during Earls' May 13 sentencing, "based upon the recommendation of the district attorney," according to court records.

"There was a question in my mind whether there may have been other counts involving this victim that may not have been wrapped into the plea," Edmondson said, referring to the boy.

State Reps. Mike Ritze and Mike Reynolds today said Bartheld should be kicked off the bench for "gross neglect of duty." The legislators from Broken Arrow and Oklahoma City filed a bill that, if passed by the House of Representatives, would ask a state court to remove the judge from office.

"While it would be simpler and better if the governor or attorney general would step up and take this action, we have filed the resolution to ensure the process can move forward regardless," Reynolds said in a statement issued by the House.

Oklahomans "must have confidence in the courts to deliver impartial justice," Ritze said. "Clearly that did not happen in this case, and I have heard from many constituents who are outraged."

The attorney general said the plea deal disturbed most people.

"What I know about (the case) at this point in time is that I was very disturbed by reports of the sentence in that case ... a sentence that appeared to be somewhat lenient," he said.

Edmondson has asked lawyers in his office to look into Earls' prosecution and sentencing, evidence in the case and whether his office has authority to intervene. He said his office will see "if the facts of the case suggest that a different

outcome should have been sought."

Earls admitted to raping and sodomizing the girl between May 1 and Aug. 1, 2008, while he was living with the girl's mother. He was arrested in September, after the girl and her brother told their grandmother about the abuse. Earls never made the $250,000 bail.

In February, Earls attended a preliminary hearing to decide whether the girl could testify against him via closed circuit television. The girl covered her eyes with her hands and said, "I'm not looking at David Earls. I'm not looking at David Earls."

Bartheld delayed the hearing and resumed it two days later in his chambers, without Earls present. The judge then decided to allow the girl to testify during Earls' trial from outside the courtroom.

The case never went to trial. Instead, District Attorney Jim Bob Miller accepted a plea offer from Earls' lawyer. The judge approved the deal and sentenced Earls on May 13.

Bartheld specified that Earls get credit for time served. He also ordered Earls to serve his sentence at the county jail, instead of a state prison. The sentencing included two $500 fines.

Edmondson, who also announced his candidacy for governor this week, said he will receive a report from the lawyers in his office "in due course." Asked when that would be, he said, "I would guess a matter of days rather than weeks, but I don’t know the answer to that."

Kandra Wells is a staff writer for the McAlester News-Capital.