A 53-year-old school custodian is "devastated" by the accusation that he sexually assaulted a male student at Kanoelani Elementary School in Waipio Gentry last week, said defense attorney Victor Bakke on Thursday.

James Holt denies everything and told Bakke the allegation "came out of the blue," Bakke said after Holt appeared in Honolulu District Court on a charge of third-degree sexual assault.

District Judge Linda Luke set Sept. 26 as Holt’s preliminary hearing at 1:30 p.m. in District Court. Luke also confirmed Holt’s bail at $50,000.

However, Bakke told reporters after the hearing that he expects Holt’s case will be presented to an Oahu grand jury before then, eliminating the need for the preliminary hearing.

Because the defendant is a minor, all of the court documents in the case have been sealed. Bakke said he still doesn’t have police records on the case.

"I haven’t been given any information," Bakke said. "There has been no investigation. Everything was done in a short period. We have been given no information."

Holt, who has been a state Department of Education employee since 2000, was arrested at the school Aug. 27 on suspicion of first-degree sexual assault.

Bakke said the child identified Holt the same day at Kanoelani with a police officer standing near him.

Bakke said Holt was immediately taken to jail and remained there until he was charged Monday with the lesser offense of third-degree sex assault.

Holt left the downtown courthouse with Bakke and did not talk with reporters.

The DOE said Thursday it is conducting its own investigation, during which Holt is banned from the campus. He has not been terminated from his position. He is classified as a casual, at-will employee.

Bakke said he didn’t know how long Holt worked at the elementary school, which serves 740 students in kindergarten through sixth grade.

Third-degree sexual assault is a Class C felony punishable by up to five years in prison.

Kanoelani Elementary Principal Stacie Kunihisa sent a letter to parents Tuesday informing them that the school "initiated a criminal investigation into an alleged sexual assault that took place last week on our school campus," adding, "The incident … involved an adult and a student. The Police Department was immediately notified and an adult male who worked as a substitute custodian was arrested."