GALVESTON, Texas -

A Galveston man accused of locking his 9-year-old son in a wooden box will receive a new trial.

David Wieseckel, 43, is facing charges of unlawful restraint of a child and two counts of injury to a child.

His defense asked the judge be removed from the case because of postings she made on her Facebook page about the case.

"In referring to it as the boy in the box case, if you're writing that you're kind of preaccepting that a boy was kept in a box. For her to be making decisions at that point about it before the evidence was even presented, that was a problem for us," said defense attorney Nicholas Poehl.

That request was granted and a new judge was assigned Thursday.

The defense filed a motion for a mistrial because the new judge would start hearing the case in the middle of the trial.

No announcement has been made about a new trial date.