LAFAYETTE, Ind. (WLFI)-- Former Earhart Elementary teacher Joe Kimerer, 47, may go back to jail before his trial.
He is currently out on bond but prosecutors said he violated a condition of it.
According to Lafayette Police, on June 4th, Kimerer visited his home on Rainbow Drive in Lafayette.
Police said the victims live close and saw him outside that day.
Police said it doesn't appear he made contact with the children.
However, his presence alone could put him back behind bars.
Prosecutors said one of his bond conditions was to not be in sight of any victims in this case.
However, Kimerer's attorney Earl McCoy said he has yet to find evidence that condition was made clear to Kimerer.
Even so, McCoy said he doesn't think the condition is fair in the first place.
"How can it be a violation of your bond to be within sight of somebody?" asked McCoy. "If I walked into Walmart and somebody I'm not allowed to see is on the other side of Walmart calls out and says 'hey, he was here,' and pulls the security cameras. I'm going to jail? That doesn't make sense."
McCoy said this is why he was hoping a judge would allow Kimerer to leave the state to live with his parents in Florida.
Kimerer is currently living in a hotel outside of Tippecanoe County.
McCoy said it is a huge financial burden on Kimerer and his family.
A hearing for the motion to revoke bond has yet to be scheduled, according to online records.
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