At the prosecutor’s request, a state judge on Friday dismissed a sexual assault charge against a Kanoelani Elementary School custodian.

Honolulu District Judge Linda Luke dismissed the case but gave the prosecutor 60 days to refile the charge. If the state does not refile the case within the 60 days, it will never have the opportunity to do so.

Honolulu police arrested James Holt Aug. 27 at the school for allegedly sexually assaulting a student. They later charged him with third-degree sexual assault.

A prosecutor spokesman said the alleged victim’s parents do not want to pursue the case and are no longer cooperating.

Holt, 54, vehemently denies that he sexually assaulted anyone.