A former Dundalk minister accused of soliciting sex from a minor over the Internet was indicted by a Howard County grand jury yesterday. But a case being reviewed by the Maryland Court of Appeals could undermine his prosecution.

Police say Jonathan N. Gerstner met an undercover Maryland State Trooper posing as a 13-year-old girl in a chat room and arranged a sexual encounter with her at Foxhill Park in Prince George's County.

At the time, he was a minister with Inverness Presbyterian Church in Dundalk.

Gerstner, 44, was arrested when he arrived at the park at the agreed-upon time.

The indictment charges Gerstner with attempted second-degree rape, attempted second-degree sex offense and solicitation of a minor. If convicted, he faces a maximum of 60 years in jail.

The indictment was sought in Howard County because the undercover state trooper was working out of Columbia.

But the case against Gerstner, who lives in Perry Hall, might not be clear-cut. In August 2000, a Frederick County Circuit Court judge dismissed charges against a New Jersey man accused of traveling to Frederick to meet with what he believed to be a 15-year-old girl.

The judge ruled that the man had not committed a crime because the 15-year-old was an adult undercover police officer.

Although that case is before the Court of Appeals, Gerstner's attorney, Joseph Murtha, said the Frederick ruling raised questions about the Howard case.

"When the person at the other end of the computer is not 13 years old, there appear to be valid issues that can be explored," he said.

Assistant State's Attorney Jim Dietrich acknowledged parallels between the two cases.

"There are almost the exact same facts," he said. "If the Court of Appeals had said, 'No, you can't charge [someone] for this,' we wouldn't pursue the [Gerstner] case."

But because the appeals court might not offer its decision on the Frederick case soon, Howard prosecutors have decided to press forward with the Gerstner case.

Murtha would not talk about what happened May 22. He described Gertner's arrest as an isolated incident.

"[He] has made a great commitment to his family and has made efforts to contribute to the community," Murtha said. "This incident may be what people remember him by when it doesn't reflect the type of person he is."

Gerstner, a married father of five, has been removed from his position in the Presbyterian church and is looking for work, according to Murtha.

"He's trying to make a determination of what he's going to do with his life," Murtha said.

A trial date for Gerstner has not been set.