Judge reverses decision to disqualify government from case

BISMARCK, N.D. (AP) - A federal judge has changed his mind about disqualifying the U.S. attorney’s office in North Dakota from a sexual abuse case.

A jury in November found Donald Luger, of Fort Yates, guilty of aggravated sexual abuse by use of force. Authorities say the assault took place against a 12-year-old girl in 1997.

Luger had argued that former U.S. Attorney Timothy Purdon represented him in a 2009 criminal case and that gave the government an unfair advantage in the proceedings.

U.S. District Judge Ralph Erickson last month ruled in favor of Luger, but reversed the decision after receiving additional evidence.

Erickson says adequate screening procedures were in place to ensure that Purdon was not involved in the case and “there is no prejudice” to Luger.

Luger’s sentencing has not been scheduled.