More on Judge Thomas Bartheld's inaccurate statement to media.

Three problems with Judge Thomas Bartheld's statement, “Some people think I could have given a different sentence, and I couldn’t. In any plea bargain, where there is a negotiated plea, the court can’t change it.”

First: not exactly true. Judge Bartheld signed off on it. A fact he didn't initially mention.

Second: Media is not covering Judge Bartheld's verbal, sleight-of-hand.

Third: On June 15th, we called C.J. Murphy at the Attorney General's office asking the name of the individual heading the investigation into Judge Bartheld. In fact, we called three times over a two day period as Ms. Murphy did not respond to our calls.

When we finally spoke with Ms. Murphy however, she refused to identify the person heading the investigation, remarking it was "covert." After reminding Ms. Murphy while the AG's investigation might be covert, news of it was common knowledge. Ms. Murphy eventually realized the name of the individual in charge involves the public's right to know basic information.

Thus, after two days and a couple of hours later, anyone wishing to send information to the person heading the AG's investigation of Judge Thomas Bartheld, is the very pleasant, Thomas Gruber. Information can be mailed to 313 N.E. 21st Street, OKC, OK 73105.

Fourth and perhaps most important other than Judge Bartheld's attempt to save face:

what seems clear is the DA does not trust the jury system. The DA has proven he doesn't feel confident Oklahoma jurors could suss out the truth from a child who gives testimony one way and then the other.

USAjudges.com supports legislators call for removal of Judge Bartheld.

And we're not real crazy about Pittsburg County District Attorney J.B. Miller, either.

OK: Judge Thomas Bartheld and the David Earls case

By now national media is reporting on the case of David Earls largely suspended sentence for raping a five year old. The sentence was twenty years, nineteen suspended and credit for time served. Meaning Mr. Earls will be released shortly, and will have to register as a sex offender.

Judge Bartheld was quoted: "Some people think I could have given a different sentence, and I couldn’t,” says Bartheld. “In any plea bargain, where there is a negotiated plea, the court can’t change it.”

Three Problems:

1. As reported earlier, the parents, the advocate and DA Miller were afraid the little girl would "freeze up." It's problematic when the adults act based on their fears.

2. The Oklahoma Attorney General's office has opened an investigation, perhaps. Our calls to the AG's office to ask the name of the investigator heading up the alleged investigation were politely stonewalled. Sandy Byler informed us C.J. Murphy refused to identify the person heading the investigation. C.J. Did not return our call. By now most people realize a good government is a transparent one.

3. The job of the DA is to search for the truth. However, the pattern of DA's not trusting juries will find it, and only going with a slam-dunk conviction is increasingly, standard.

Mandated pay scales aside, it's common knowledge DA salaries are tied to conviction rates, although some dispute this. However, coverage to date hasn't addressed the equally important issue of DAs trusting juries.