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.
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 8th in Bismarck.