FARGO, N.D. (AP) - A federal judge has granted a motion by a Fort Yates man seeking to disqualify the North Dakota U.S. Attorney’s Office from his case.
A federal jury in November found Donald Luger guilty of aggravated sexual abuse by use of force. Authorities say the assault took place against a 12-year-old girl in 1997.
Luger has argued former U.S. Attorney Timothy Purdon represented him in a 2009 criminal case and that gave the government an unfair advantage in the sexual abuse proceedings.
KXMB-TV reports (https://bit.ly/1GtSKC4 ) District Judge Ralph Erickson granted Luger’s motion to disqualify the office from the case this week.
Luger’s attorney Duane Cates says the government could appeal or hire a special prosecutor to handle the case.
Luger’s sentencing remains scheduled for May 8 in Bismarck.
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