(AP) — Sedgwick County prosecutors have dismissed charges against a 54-year-old detention deputy who was accused of fondling two male inmates, but they say the charges could be refiled.

James Conklin was charged in November with two counts of unlawful sexual relations accusing him of “lewd fondling” of two inmates in September and October 2012.

Court records show one of the charges was dismissed in July and the other Sept. 10. Conklin’s attorney released a statement Wednesday repeating his client’s denial of any wrongdoing.

District Attorney Marc Bennett says the case was dismissed because a key witness is in custody elsewhere and unavailable to testify.

Sheriff Jeff Easter says an alleged victim in the case is in a federal penitentiary and can’t get to Wichita to testify.