A Tamaqua man convicted in 2003 of raping an 8-year-old boy lost his bid for parole Wednesday when his grandmother, with whom he would have lived, failed to show up to testify that she would not allow any children in the house if he moved in.

Schuylkill County Judge Cyrus Palmer Dolbin on Wednesday denied parole for Wayne J. Heffelfinger, 27.Heffelfinger, who did not testify, will remain in Schuylkill County prison, Pottsville for the 18 months remaining on the six-to-23 month sentence handed down in August by Dolbin.Dolbin sentenced Heffelfinger to the time after he violated the terms of his parole following a 10-year stretch in state prison by visiting a public library in Tamaqua.Heffelfinger had been ordered to stay away from any place children gather, including the library. He told the judge he had only gone there to read the newspapers.There was no testimony on Wednesday, which was a continuation of the hearing from Feb. 25.The grandmother, who on Jan. 8 had signed papers listing the rules under which Heffelfinger must live upon his release, was not willing to promise in court that she would not allow anyone under age 18 on the premises, said First Assistant District Attorney Maria Casey.Heffelfinger's public defender, Andrea Thompson, concurred.Heffelfinger may file a new application for parole, but must find another place to live in order for Dolbin to again consider his release.At the Feb. 25 hearing, Pottsville psychologist Joseph Sheris testified that Heffelfinger was making progress with treatment, and that more jail time would be of no benefit.Sheris testified that he had evaluated Heffelfinger in 2003, and found him to be a sexually violent predator with a greater-than-average risk to reoffend.However, if released, Heffelfinger must continue treatment, be closely supervised, and abide by strict rules.Those rules include absolutely no contact with children.In 2004, Heffelfinger, admitted to having raped the boy. He pleaded guilty to two counts each of forceable rape and indecent sexual intercourse; aggravated assault, aggravated indecent assault, voluntary deviate sexual intercourse, and unlawful restraint.Heffelfinger was 16 when he lured the boy into the woods, forced him to strip by threatening to choke him and then assaulted him, according to testimony and court documents.The boy testified that Heffelfinger threatened to hunt him down and kill him if told anyone.The boy was forced to ride home on his bike, naked. His mother immediately called police.Former Tamaqua police Cpl. John O'Connor testified at a 2003 preliminary hearing that Heffelfinger had been involved in other sex-related incidents.