St. Paul, MN (KROC-AM News) - The Minnesota Court of Appeals has upheld a decision by an Olmsted County Judge to dismiss one of two criminal sexual conduct cases against a former employee of the Rochester School District.

The charges alleged 30-year-old Nicholas Keller molested a young girl over a three year period at both Gage and Sunset Terrace Elementary Schools starting in 2006 when she was 9-years-old. Police were first notified of the allegations in 2011, but the girl did not want to give a formal statement. She contacted police last year after hearing media reports about Keller being charged with having sexual contact with another girl at Sunset Terrace in 2016.

In dismissing the charges in the 2006 case, the judge ruled the clock on the statutory limits for filing charges in the case started when police were first notified in 2011. The Court of Appeals has now agreed with that decision even though local prosecutors argued the clock should not have started until last year because the girl previously declined to cooperate with investigators. State law requires charges to be filed in juvenile sex abuse cases within 9-years of the alleged crime and within 3 years of a report of the allegations to police.

It’s not known if the Olmsted County Attorney will ask the Minnesota Supreme Court to consider the case.

Keller is currently scheduled to stand trial in late November on a second-degree criminal sexual conduct charge stemming from the 2016 allegations.