Lewd conduct trial postponed

SANDPOINT — An alibi defense appears to be forming in the case of a Washington state man who was indicted by a grand jury for molesting a Bonner County girl in 2005.

The development comes on the eve of Mark Richard Boncz’s trial, which was set to start on Monday in 1st District Court. Boncz is charged with lewd and lascivious conduct.

The defense and the state advised Judge Steve Verby they were ready to proceed, but by Friday the proceeding had been reset for Nov. 9. Court documents indicate Chief Public Defender Isabella Robertson and Prosecutor Louis Marshall stipulated to a continuance so the alibi materials could be reviewed.

Boncz, 54, of Newport, remains held at the Bonner County Jail with bail set at $100,000. He pleaded not guilty to the felony charge, which can result in a lifelong prison sentence if Boncz is convicted.

The grand jury indicted Boncz in April on allegations he had sexual contact with a 5-year-old girl in 2005. The grand jury testimony is sealed, although court documents indicate the alleged victim and her mother testified.

The state has put the defense on notice that it intends to use a prior sex abuse conviction against Boncz at trial. He was charged with engaging in lewd conduct with an 8-year-old girl in 1987 and subsequently pleaded guilty to a reduced charge of sexual abuse of a minor.

District Judge James Towles sentenced Boncz to serve one to five years in prison in 1988, according to court documents.