Former RPD officer’s trial rescheduled for June

Former RPD Officer in Court for sexual misconduct

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(ABC 6 News) – The trial for a former Rochester police officer accused of sexual conduct with a minor and soliciting sexual images from the minor is scheduled for June, according to Minnesota Court Records.

Timothy Morgenstern, 23, faces one charge of 3rd-degree criminal sexual conduct–penetration, one charge of 4th-degree criminal sexual conduct–contact, and one charge of use minors in sexual performance/pornographic work.

Morgenstern’s jury trial was scheduled to begin Monday, Jan. 29.

On Jan. 25, his defense filed a motion to review the alleged juvenile victim’s therapy records ahead of trial.

On Jan. 19, Morgenstern’s defense moved to omit any reference to the suspect’s former work as a police officer from evidence, claiming that mentioning it could cause the jury to hold the man to a “higher standard” of action than could be expected otherwise.

Morgenstern’s defense claims that holding the former police officer to a high standard would be unfair in a court of law.

On Friday, Feb. 2, Olmsted County Court scheduled Morgenstern’s pretrial hearing for June 4, followed by a jury trial June 10.

—–PREVIOUS HEARING—–

(ABC 6 News) – A former Rochester police officer is scheduled to appear in Olmsted County Court Tuesday, Jan. 23, for a pretrial hearing in a criminal sexual conduct case.

Timothy Morgenstern, 23, faces one charge of 3rd-degree criminal sexual conduct–penetration, one charge of 4th-degree criminal sexual conduct–contact, and one charge of use minors in sexual performance/pornographic work.

Morgenstern is scheduled to appear in court at 2:30 p.m., with a jury trial scheduled to begin Monday, Jan. 29.

On Jan. 19, Morgenstern’s defense moved to omit any reference to the suspect’s former work as a police officer from evidence, claiming that mentioning it could cause the jury to hold the man to a “higher standard” of action than could be expected otherwise.

Morgenstern’s defense claims that holding the former police officer to a high standard would be unfair in a court of law.

ABC 6 News obtained a copy of the Rochester police oath of office, which is embedded below.

According to court documents, the Olmsted County Sheriff’s Office received a call from a therapist Sept. 27, 2023, who said a 16-year-old girl disclosed an inappropriate relationship with a coach at Rochester Public Schools. The girl allegedly said the man worked as a police officer.

RELATED: Former RPD officer, and coach charged with criminal sexual conduct, soliciting child pornography – ABC 6 News – kaaltv.com

The defense also moved to omit any explicit material sent by the victim from the jury trial.

—–PREVIOUS STORY—–

(ABC 6 News) – Former Rochester police officer Timothy Morgenstern pleaded not guilty to three criminal sexual conduct charges from sexual encounters that allegedly took place while off-duty.

The 22-year-old faces one count of 3rd-degree criminal sexual conduct–penetration, one charge of 4th-degree criminal sexual conduct–contact, and one charge of use minors in sexual performance/pornographic work.

Morgenstern, was an employee at RPD for less than a year. He was allegedly in a position of authority over the victim.

According to court documents, the Olmsted County Sheriff’s Office received a call from a therapist Sept. 27, who said a 16-year-old girl disclosed an inappropriate relationship with a coach at Rochester Public Schools. The victim had told the therapist her coach was 22 years old and worked as a Rochester police officer.

Rochester Public Schools confirmed Morgenstern served as a volunteer speech coach from November 2021 to June 2022.

“During his period of volunteer coaching, we received no complaints about Mr. Morgenstern’s conduct,” a statement from Mamisoa Knutson, RPS’ director of communications, read. “By the time Mr. Morgenstern was placed on leave by the Rochester Police Department, he was no longer involved in Rochester Public Schools in any capacity.”

According to court documents, Morgenstern and the minor developed a relationship over text, which he allegedly turned inappropriate after taking steps to stop the minor from saving any of his messages.

Morgenstern allegedly solicited photos and videos from the minor and sent explicit photos and videos to her in the summer of 2022.

In June, he allegedly invited the minor to his home where the pair had sex and he told the minor not to tell anyone about the encounter.

According to court documents, the minor ended the “relationship” shortly afterward.

Law enforcement obtained a search warrant for cell phone data, where they confirmed that Morgenstern had received explicit images of the minor, as well as a search warrant to search for DNA evidence at his home, which was sent to the BCA for testing.

According to court documents, Morgenstern denied any sexual involvement with the teenager.

In a press release, RPD claimed they received a report on September 29, 2022 about off-duty conduct by Morgenstern and immediately took action:

• The initial report was made to the Olmsted County Sheriff’s Office (OCSO) and shared with RPD administration because the alleged crime took place in the City of Rochester. Recognizing a conflict of interest, RPD requested OCSO conduct an independent, complete and thorough investigation.

• RPD placed him on administrative leave before his next shift.

• RPD terminated him on October 6, 2022.

“The conduct outlined in this case is inconsistent with the core values of our department,” Chief Jim Franklin said.

Morgenstern was hired October 7, 2021. During his brief time with the department he received two letters of appreciation and no discipline.

The Olmsted County Attorney’s Office referred the case to the Fillmore County Attorney’s Office for review.

Fillmore County Court Administration said Friday that although Morgenstern was fired from the Rochester police force in October, his court case was only opened Jan. 11. Fillmore County attorneys will represent the State of Minnesota to avoid a conflict of interest, court administration added, as Olmsted County attorneys work closely with Rochester law enforcement.

Morgenstern’s pretrial hearing is scheduled for January 4, 2024 with his trial expected to begin six days later.