The ruling was made Thursday.
However, the judge may revisit this issue closer to trial, which is expected to start in early June.
Last week, after the pre-trial hearing in Bellefonte, attorneys for both the Commonwealth and Sandusky's defense knew how senior judge John Cleland was going to rule.
"There's still potential evidence that may come forth and so rather than make a premature decision the court will probably dismiss that motion," said Joe Amendola, Sandusky's attorney.
The Commonwealth says that the grand jury that indicted Sandusky is still sitting and gathering evidence. Amendola believes that the panel is not investigating whether more charges should be filed against the Second Mile founder.
The Commonwealth says that the investigation is broad and doesn't rule out whether Penn State or the Second Mile are the subject of the investigation.
Amendola made an effort to have charges dismissed in the case claiming that more specifics need to be given from prosecutors. Before a gag order was issued in the case, Amendola said that depending on what the Commonwealth gives him will determine whether another motion to dismiss will be filed.
The judge also ruled that jurors will be questioned individually about the case before trial and that the jury will be isolated during trial.
Judge Cleland also ruled that the trial is still scheduled to start on June 5.