BISMARCK, N.D. (AP) — A judge has refused to dismiss felony charges against an 85-year-old Bismarck woman accused of negligent homicide in the death of a pedestrian.
The defense argued that prosecutors are treating the case differently than a similar one 13 years ago.
Bertha Harper was charged last June following the death of 33-year-old Amber Rebel. The defense made accusations of selective prosecution.
But prosecutors say the circumstances of the two cases are much different. The judge on Monday agreed with prosecutors.
Harper’s trial is scheduled to begin Wednesday.