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Published July 17, 2012, 06:55 PM

Family Wants Rolette County Prosecutor Fired After Alleged Sexual Abuser Serves No Jail Time

ROLETTE, ND (WDAZ-TV) The family of a 6-year-old sexual assault victim is claiming justice hasn't been served. Now they want the Rolette County State's Attorney fired after she struck a plea deal with the defendant, a deal resulting in no jail time.

By: Adam Ladwig, WDAZ

ROLETTE, ND (WDAZ-TV) The family of a 6-year-old sexual assault victim is claiming justice hasn't been served.

Now they want the Rolette County State's Attorney fired after she struck a plea deal with the defendant, a deal resulting in no jail time.

The family says a criminal remains on the streets in Rolette County because of a plea deal State's Attorney Lisa Gibbens made against their wishes.

"My grandson has had no justice," Lisa Rogers said.

Lisa and Randy Rogers asked the Rolette County Commission to fire State's Attorney Lisa Gibbens on Tuesday.

"I'm asking that she be removed for not protecting. She's hired by the people, for the people. If she wants to get the convicts off, she needs to open a private practice and become a defense attorney," Rogers said.

Aaron LaVaille faced two felony charges for molesting the Rogers' six-year-old grandson. The plea deal dropped the greater charge in exchange for pleading guilty to the lesser charge. LaVaille could have spent as many as 15 years in prison, but instead got probation and a suspended jail sentence.

"The man walked free, basically," Randy Rogers said.

"She said you have no choice, this is my decision," Lisa Rogers said.

The family knows that this court decision can't be overturned, but they say they're trying to remove the State's Attorney anyway to keep this from happening to any other children in Rolette County.

"It can't be changed for what happened to our family, but maybe other kids, if they get something straightened out, they can get justice," Randy Rogers said.

Adam: County commissioners say this is indeed a serious issue, and one that can not be addressed without due process.

"We're gonna look into this. That's for sure, the best we can. I imagine we'll start with the social worker and law enforcement to get their opinions, sides of the story too," Rolette County Commissioner Roland Davis said.

The Rogers say medical records and testimony that LaVaille confessed to a fellow inmate were more than enough to convict him had the case gone to trial.

Gibbens has not responded to the accusations. She was not in her office when a WDAZ reporter stopped by on Tuesday, nor did she return phone calls.

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