Former 'Aiea dance instructor Daniel E. Jones is asking for a dismissal of his remaining charges that he molested two of his former dance students.

Jones was initially charged with molesting five teenage girls he had taught, but at a trial earlier this year, he was acquitted of sexually assaulting three of them. The jury could not reach verdicts on the other two.

The re-trial on the charges that he molested those two girls is scheduled for January.

Jones' lawyer Myron Takemoto recently asked that the charges be dropped. In his request, he said one of the jurors said the panel was leaning toward acquittal on those counts. Takemoto said there is "little likelihood" that the prosecution could get a conviction in a re-trial.

City prosecutors will oppose the request and are prepared for the re-trial, but Deputy Prosecutor Thalia Murphy said she could not comment on the dismissal request. Circuit Judge Virginia Crandall is scheduled to hear the request on Dec. 8.

The allegations against Jones were staggering. The 21-year-old instructor was accused of betraying the trust of his young students at the Rosalie Woodson Dance Academy in 'Aiea in 2004 and 2005 and molesting them separately at the studio and other locations. At the time, the girls were 12 to 15 years old. Each one of the five took the witness stand and testified that they were molested.

Jones did not testify, but his defense lawyers hammered home what they said were inconsistent testimonies by the girls. Takemoto suggested that the allegations were the result of a vengeful girl who felt scorned by Jones and exaggerations fueled by the girls talking among themselves.

After nearly nine days of deliberations, the jury returned its verdict June 1. The panel acquitted Jones of 12 charges of molesting three girls but could not unanimously decide on six other counts involving two girls. The evidence for a conviction, juror Roy Camara said at the time, "just wasn't there."

Another juror, who asked not to be named because of the nature of the trial, said, "There were too many 'I don't remembers' for me."

The stakes are still high for Jones because the six counts include first-degree sexual assault, which carries a mandatory maximum 20-year prison term.

In asking for the dismissal, Takemoto said the trial resulted in a huge cost of money and time to the state.

The jury selection and trial took more 20 days with the prosecution calling 16 witnesses and the defense putting on four witnesses, Takemoto said. He said despite the time and effort, the prosecution was not able to get a conviction of any of the 18 counts. A re-trial would mean that the two girls would be on the stand even longer since the defense can match what they say with their testimony in the first trial to point out more inconsistencies, Takemoto suggested.

"Under the circumstances of this case, with no more or no new evidence the state of Hawai'i could utilize against defendant, there is little likelihood of a substantial difference in a subsequent trial," Takemoto said.

In his request, Takemoto said one juror who reported the panel was deadlocked in favor of acquittal on each of the six counts. The juror said the votes ranged from 7-5 to 11-1 for acquittal, he said.

Takemoto also argued that a re-trial would violate Jones' constitutional rights against double jeopardy or being tried twice for the same offense. He said all 18 charges involving the five girls are so "intertwined" that a re-trial on six counts would require delving into the allegations related to the other 12 counts of which his client was acquitted.

Jones is not commenting. Takemoto said he has advised his client not to speak to the media while the case is pending.

Jones remains free on bail, although under the conditions of his release, he is prohibited from going to the dance studio, according to Takemoto. Jones' mother and two sisters still work there, Takemoto said.

Jones is also working, but Takemoto did not want to describe the employment. His client still has "mixed feelings," Takemoto said.

Jones was happy with the outcome of the first trial and the deadlocked votes favoring acquittal, but "obviously, there's anxiety about the upcoming trial," Takemoto said.

Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com.