SANDPOINT — A judge, rather than a jury, will determine whether a Washington state man is guilty or innocent of molesting a Bonner County girl in 2005.

Chief Public Defender Isabella Robertson moved for a mistrial in Mark Richard Boncz’s case because of pretrial publicity.

“It tainted the jury pool,” Robertson said.

The defense motion was made after a prospective juror expressed difficulty in being fair and impartial after reading a newspaper story which reported that Boncz was convicted of sexual abuse in 1987.

That juror was ultimately excused, but his remarks were made in the presence of more than 50 prospective jurors.

Jury selection, which involves the court and attorneys on both sides of the case querying prospective jurors about their backgrounds and potential biases, continued until the noon recess.

After the jury pool was excused for lunch, Robertson brought the motion for a mistrial, arguing that the news report was prejudicial toward her client. In addition to a Daily Bee news story, Boncz’s prior conviction was also reported by radio station KPND and is noted in the case’s public record.

Prosecutor Louis Marshall objected to the defense motion, but District Judge Steve Verby granted it, explaining that it would be difficult to have a fair trial on the evidence in light of news reports about Boncz’s prior conviction.

Earlier on in the case, the state notified the defense it might use Boncz’s prior conviction against him at trial. However, it remains unclear if the state will follow through with that intention or if the court would even allow it.

Boncz, 54, of Newport, ended up waiving his right to a jury trial and opting for a bench trial. Verby asked Boncz if he still wanted a court trial even if the venue for a jury trial could be moved outside Bonner County.

“Yes sir, I do,” Boncz replied.

A grand jury indicted Boncz on a charge of lewd and lascivious conduct in April, finding there was sufficient cause to try him on allegations that he molested the 5-year-old girl about four years ago.

Opening remarks in the case begin today.