SANDPOINT, Idaho -- A prosecutor is asking the state's highest court to overturn the dismissal of a rape case against a former Bonner County man.

Deputy Attorney General Kenneth Jorgensen's notice of appeal comes about a month after the case against 50-year-old Gary Dean Blankenship Jr. was dismissed in Idaho's 1st District Court.

Judge Steve Verby found the statute of limitations had long expired.

Blankenship has since filed a claim seeking $10 million from the county and Sandpoint police.

The Bonner County Daily Bee reports Blankenship was initially charged in March with lewd and lascivious conduct with a minor for alleged crimes in the late 1980s and early 1990s.

Verby ruled against Bonner County Prosecutor Louis Marshall's attempts to change the charges twice when faced with the statute of limitations expiring.

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