Rochester, MN (KROC AM News) - One of the two criminal sexual conduct cases filed against a former Rochester school district employee has been dismissed.

The cases were filed last year against 30-year-old Nicholas Keller, who had been employed as a teacher in the district’s School Aged Child Care (SACC) program.

Olmsted County ADC

The first case accused Keller of molesting a girl at Sunset Terrace in 2016.

The second case accused Keller of molesting another girl over a three year period at Gage and Sunset Terrace schools, beginning in 2006 when she was 9-years-old. According to the criminal complaint, police were first notified in 2011 but the girl told an investigator she did not want to talk about it. She changed her mind last year after learning of the other case.

And that’s where the defense focused its challenge.

Keller’s attorney argued the statute of limitations had run out and the judge agreed. State law requires a complaint involving a juvenile sex case to be filed within 9 years of the alleged crime or within 3 years of when it’s reported to police.

The Olmsted County Attorney’s office has already filed an appeal.

Keller lost his challenge of the first case. He sought to suppress his police statement, arguing he wasn’t given a proper Miranda warning. The judge ruled the advisory was not required because Keller was not formally arrested.

Keller is scheduled to enter a plea in that case next month.

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