GENEVA – A former restaurant owner convicted last year of squeezing a waitress’s breast against her will has won a new trial after a judge ruled Monday that he had not been properly apprised of his right to a jury trial.

“Waiver of a jury trial should not be left to presumption,” Kane County Judge Katherine Moran said after a more than two-hour hearing.

Moran had convicted Dimitrios V. Lolis, 54, of St. Charles – who had owned the now-closed The Copper Fox Cafe in St. Charles – in a bench trial last year on a misdemeanor charge of battery. The charge stemmed from an Aug. 20, 2011, complaint alleged by Katy Green, 24, of Geneva, then a waitress at the Copper Fox.