New trial to be held in child assault case

Attorneys are preparing for the second trial of a Kalispell man accused of sexually assaulting an 11-year-old girl.

The felony sexual assault trial for Jason Dean Franks, 46, is set to begin Feb. 8 and is expected to last five days, according to court records.

It will be the second time Frank has been brought to trial on the charge. The Montana Supreme Court in October 2014 overturned a 2012 rape conviction in Flathead District Court.

The high court found that prosecutors went too far in referring to a prior instance of alleged sexual abuse of young boys. Frank was acquitted on that charge.

The alleged victim in the current case told prosecutors that she came forward after seeing Franks’ photograph in a newspaper article about the alleged abuse of boys.

By introducing evidence about the prior allegations, prosecutors could have prejudiced the jury, the high court ruled.