Former 'Aiea dance instructor Daniel E. Jones has lost a court bid to dismiss remaining charges that he molested two of his former dance students.

Circuit Judge Virginia Crandall denied his dismissal request, which clears the way for his retrial on the charges, with jury selection scheduled to start Jan. 17.

Jones, who turned 22 on Saturday, was charged with molesting five girls he taught at the dance studio in 2004 and 2005 when they were 12 to 15 years old, but a Circuit Court jury acquitted him of molesting three of the girls and could not reach a unanimous decision on the charges involving the two other girls.

During the trial, the five girls testified Jones molested them. Jones did not take the witness stand, but the defense attorneys argued to the jury that the girls' testimonies were too inconsistent and exaggerated to be believed and the allegations were triggered by a girl who felt scorned by Jones.

Jones' lawyers, Myron Takemoto and Kenneth Shimozono, asked that the remaining charges be dismissed. They argued that the jury favored acquittal when it was deadlocked and that there is "little likelihood" a retrial would result in convictions.

In opposing the dismissal, City Deputy Prosecutor Thalia Murphy filed papers saying that the leading Hawai'i Supreme Court case on the issue involved a dismissal after two trials that ended with hung juries.

She also said a second trial for Jones will likely produce different results because the case involving the two girls is stronger than the case of the other three. For one of the two girls, her father secretly taped Jones making incriminating statements and in the other, Jones and the girl were found behind a locked door at the dance studio, Murphy said.

In her decision Dec. 20, Crandall ruled that court cases permit the state to retry the case.

"We're disappointed, but it was not unexpected," Takemoto said.

Jones, who is free on $100,000 bail, is prohibited under the conditions of his release from being at the Rosalie Woodson Dance Academy in 'Aiea where he worked, but his sisters and mother still work there, Takemoto said.

"He's trying to keep upbeat, but he's concerned because of the seriousness of the allegations," Takemoto said.

If convicted of charges that include first-degree sexual assault, Jones would face a mandatory maximum 20-year prison term.

The length of the retrial is estimated to be about two to four weeks.

Takemoto said no decision has been made on whether Jones will take the witness stand in the retrial.

Murphy was not available for comment.

Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com.