HILO, Hawai'i — A Big Island judge yesterday denied a request for a new trial for a man found guilty earlier this month of attempted sexual assault of a 12-year-old girl in a Pepe'ekeo church last year.

A lawyer for Peter Bailey, 50, asked that Bailey be either acquitted or granted a new trial after one of the jurors considering sexual assault charges against Bailey told the other jurors that Bailey had been charged with murder in a previous case.

That information was not allowed as evidence at the sexual assault trial, and the juror's comments prompted Hilo Circuit Judge Glenn Hara to interrupt the jury deliberations and allow the lawyers to question the jurors in the case.

Hara then removed the juror who made the comment and replaced her with an alternate, and told the jury to start its deliberations all over.

The jury then convicted Bailey of four counts of first-degree attempted sexual assault of the girl on June 5.

Deputy Public Defender Melody Parker argued the comment by the juror who was removed meant Bailey was denied a fair trial because the mention of his previous conviction was "clearly prejudicial." She contended all the jurors were tainted by the comment, justifying a new trial.

Hara yesterday acknowledged that a more careful reading of Hawai'i judicial rules showed he erred when he replaced a juror after deliberations had begun, which is not allowed. However, Hara concluded the mistake was harmless, and denied Parker's request for a new trial.

"I don't see how any of these matters would have affected the evidence that was presented in court, which appears to support the verdict," Hara said.

Parker declined comment after the hearing yesterday.

Bailey and Francis Talo were convicted of kidnapping 17-year-old Carol Olandy of Makakilo from a parking lot at the Pearl City Shopping Center in 1979, driving her to a pineapple field and shooting her. The two then drove to Fort Ruger Market and robbed the store.

They were arrested a few minutes later, still driving Olandy's car, which contained the items she had purchased on her errand that day. Olandy's body was located by authorities days later in a Kunia pineapple field with seven bullet wounds.

Bailey was sentenced to life in prison with the possibility of parole for robbery and murder, but was paroled and moved to the Big Island after serving less than 24 years.

Bailey is still on parole for that murder conviction, and could face another extended term of life in prison with the possibility of parole in the sentencing phase of his trial.