Charges dismissed in rape case

Prosecutor cites lack of evidence against pastor.
Courtney Astolfi
Oct 10, 2013
Citing a lack of evidence, an Erie County assistant prosecutor recently dismissed rape charges a Sandusky pastor had been facing.

In August 2012, an Erie County grand jury indicted Richard Mick, 52, on two counts of rape, for allegedly assaulting a former parishioner.

The woman, now 27, had told police Mick raped her twice when she was much younger — once in the back seat of a car, then a second time in the bedroom of a house, according to police and court documents.

She came forward after another parishioner at Lighthouse Baptist Church in Sandusky made similar allegations.

Last month, however, Erie County assistant prosecutor Mary Ann Barylski asked Erie County Common Pleas Court Judge Roger Binette to dismiss the case.

Barylski determined she didn’t have enough evidence to take the case to trial.

“Based on the ongoing investigation, talking with the victim and reviewing the expert reports, the state submits that the state cannot prove this case beyond a reasonable doubt,” Barylski stated in a court document.

While Barylski asked for the charges to be dropped, she noted the victim disagreed with her decision.

“However, in the best interest of the victim and the integrity of the case, the state must dismiss the case,” Barylski stated.

Binette granted the request.

Court documents show Mick’s attorney, John Allton, questioned the woman’s story several times over the past year.

Allton requested access to the woman’s psychologist, and he also wanted to hire an expert to testify about repressed memories. In the last document he filed with the court, Allton demanded a chance to review the victim’s journal of her memories — a therapy technique that had been recommended by her psychologist.

Allton also insisted the court did not have jurisdiction in the matter because the alleged assaults happened elsewhere.

When Binette dismissed the case, he also ordered Mick not to contact the alleged victim.

Comments

Truth2u

IF information does come up that supports a charge, can the prosecutor bring up charges again or is this decision by Binette considered once in jeopardy?

sandusky2012

how do they not have enough evidence when they presented it to a grand jury didnt they have evidence then?

gene44870

Sandusky2012 they could get a ham sandwitch indicted . Just cause they are dont mean they are guilty . And if the Judge rules , they can dismiss with predites , which means yes they can refile in one year if they have new evidence , which means that its doubt full if any will come up in the next year from the date that the dismissal was handled down

Mum-of-One

Just because it is dismissed for lack of evidence does not mean he didn't do it either. Victims of this type of crime deserve, at the very least, the benefit of belief. If not they are re-victimized. Research has shown that only roughly 2 to 8 percent of rape reports are untrue.

sandusky2012

didnt they have evidence when they presented this to a grand jury?

Nemesis

Grand juries are essentially rubber stamps for the prosecutor, who presents one carefully orchestrated side of the case. Prosecutors are known for badgering and intimidating grand juries into indicting.

Truth or Dare

Dismissed, eh? Not surprised at all. Many of us don't forget the past and what happened to us. The in-betweens may be sketchy, because a victim has a tendency to go to another place, so to speak, during the abuse. You know what else won't be forgotten, judicial/court systems that for whatever reason seem to be reluctant to even try their best for victims, especially Prosecutors, assistant or otherwise, that are of the mentality that, and I'm paraphrasing this " you can't completely trust what children tell you", let alone what adult victims tell you!

Hey Mum: 2-8 percent of rape reports may be untrue, but the reality is that the majority of rapes and sexual abuse of children goes unreported altogether, and part of the reason is due to situations such as this! Just another reason why sex offenders pretty much find safe-haven here. Have you noticed the upswing in registries in Erie County of late?

hilltop

Hey - how about maybe, just maybe the man is innocent?! The files are full of cases where some poor soul's life was ruined by mis-statements by a purported "victim". Years later the falsely-accused is vindicated by the truth but marked for life.

Our jails are full of people who pleaded guilty to charges because they couldn't afford a good lawyer or trial. Lawyers afraid of losing their ability to get work release for their other clients force plea-deals based on financial circumstances versus justice. Pit-bull lawyers from other counties have to be called-in because local lawyers lack the backbone to confront proscecutorial vindictivness.

Our system of ju$tice can be a real joke sometimes. So please, don't be so quick to judge.