Judge Patrick Diamond wrote that the charges of fifth-degree criminal sexual conduct and attempted fifth-degree criminal sexual conduct had to be dismissed because neither specifically mentions “the intentional touching with seminal fluid” in its definition of sexual contact.
Diamond also explains that even if the charges did include a clause that mentioned seminal fluid, it would’ve had to touch the victim’s “intimate parts” for the charge to be viable.
“At this point we’re still contemplating what we can do, but we were not able to
sustain the charge we leveled. Essentially the law says unless there’s actual physical
contact you simply can’t sustain a charge of that nature,” said Dennis Gerhardstein with the Ramsey County Attorney’s Office.
Gerhardstein said police may take the case to the New Brighton city attorney and try to make a lesser charge stick.
According to the criminal complaint, Lind ejaculated in his co-worker’s coffee and on her desk several times over a period of months until she caught him in the act.
To read a full rundown of the disgusting charges police brought against Lind, click the “See also” link above or read the order for dismissal below.