Former Rochester police officer found guilty in criminal sexual conduct case argues for acquittal, retrial

Former RPD officer asks for acquittal, retrial

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(ABC 6 News) – UPDATE: A former Rochester police officer and high school speech coach convicted of criminal sexual conduct in January appeared in Olmsted County Court to argue for an acquittal and new trial.

Timothy Morgenstern’s defense filed a motion in late January claiming the court must invalidate a local jury’s guilty verdicts, as they claim the defense did not sufficiently prove Morgenstern’s guilt.

At the very least, Morgenstern’s defense argues, he should get a new trial, as the jury was allegedly allowed to view video exhibits which “deemphasized” the live testimony.

Morgenstern’s defense also presented a list of terms used during trial arguments which they claim were not factual, such as calling text messages “flirty” or using “prejudicial” Snapchat videos in evidence.

Fillmore County Attorney Brett Corson argued in his own filing that the Rules of Criminal Procedure state the Court “must permit received exhibits or copies into the jury room including audio or video exhibits.”

“At worst, the replaying of the recording allowed the jury to rehear what they had already heard,” Corson wrote.

Corson also requested that the Court find there was no improper entry of evidence, nor “errors of law” in the prosecution’s arguments.

Olmsted County judge Erin Lindhart Felten took the motions under advisement Wednesday, Feb. 12.

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Morgenstern found guilty

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(ABC 6 News) – A former Rochester police officer and high school speech coach was found guilty on all charges in a criminal sexual conduct case.

Timothy Morgenstern, a former Rochester police officer, was accused of conducting a sexual relationship with a high school student.

He was charged with two counts of criminal sexual conduct with a minor, as well as use of a minor in a sexual performance.

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Morgenstern’s sentencing is scheduled for April 16.

He was ordered not to have contact with anyone under age 18 in the interim, and to surrender firearms and weapons.

The jury spent nine hours deliberating over the course of two days, ultimately leading to the guilty verdicts.

Morgenstern convicted

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Speaking on behalf of the victim and their family, special prosecuting attorney Brett Corson said they were pleased with the outcome.

“We are… I guess I would say we feel that (decision) is consistent with the evidence that was presented in this case,” he said.

The defendant and his family, however, had a much different reaction.

Morgenstern could be seen putting his head down on the table after the judge read the verdict.

His family, who had been there throughout the trial supporting him, seemed to be in disbelief at the results.

ABC 6 reached out to Morgenstern’s defense as well, and is still waiting for a response.