Pastor's attorney refuses to participate at trial

SANDUSKY — The long-delayed trial of a Sandusky pastor accused of sexually abusing children got off to a rocky start Tuesday when his attorney refused to participate altogether, and then defied the presiding judge.The trial for Richard Mick, 55, of Lighthouse Baptist Church, is slated to resume Wednesday morning before Erie County Common Pleas Judge Roger Binette, but it remains to be seen just how the proceedings will unfold.Soon after jury selection began on Tuesday, defense attorney K. Ron Bailey refused to participate and said he does not intend to do so for the duration of the trial."I've been practicing for over 33 years and I've never done this before, but, Your Honor, defense counsel cannot and will not be able nor willing to proceed today," Bailey told Binette.Despite Bailey's actions, Erie County Assistant Prosecutor Aaron Lindsey said he will continue prosecuting the case as normal."We're moving forward with the case," Lindsey told the Register.The trial could take up to two weeks, but will be decidedly one-sided if Bailey continues on this course. If he does, witnesses may not be cross-examined, evidence may not be presented in Mick's defense, and defense witnesses may not be called at all.In the meantime, prosecutors will continue seeking a conviction against the pastor, who's facing a potential sentence of life imprisonment. Mick is accused of raping an approximately 8-year-old girl — and fondling an approximately 8-year-old boy — over a decade ago. Bailey's refusal to participate at trial seems to revolve around a few specific issues.Last week, he filed two motions with the court — one asking that the trial be delayed, and one asking Binette to recuse himself.According to court documents, Bailey asked for a delay for essentially three reasons:•He had to travel out-of-state for his son's wedding over the weekend.•Mick had been ill recently.•He hadn't been able to fully investigate new accusations that Mick sexually assaulted another child. (Allegations that led to eight new indictments being leveled by a grand jury in August).Bailey's request came after more than two years worth of delays in the case. On previous occasions, he asked for the trial to be pushed back for a myriad of reasons, including Mick being ill, parking issues near the courthouse due to Ohio Bike Week, and not having enough time to prepare, according to court documents.Binette ultimately denied Bailey's new request for another delay, and ordered the trial move forward as planned on Tuesday.Binette also denied Bailey's request to recuse himself, which was, in part, predicated on Binette's refusal to delay the case yet again.Bailey also told the Register that the primary reason he wasn't participating in Mick's current jury trial is because no ruling had been made regarding an expert witness's testimony."The biggest thing is...the motion...that was filed back in August hasn't been ruled on yet," he said Tuesday afternoon.Binette, however, ruled on that motion Tuesday morning following a heated exchange with Bailey in the courtroom, court records state.After Bailey declared his intentions not to participate during jury selection, Binette told Bailey and Lindsey to return to their seats and step away from his bench."You may step back, you are excused," Binette told the men.Lindsey retreated, but Bailey stayed put and cut the judge off."I was talking about—" he said."You may step back," Binette said, firmly.The exchange repeated itself, and Bailey again interrupted."I know I may but I won't..." Bailey responded.At that point, Binette ordered the jurors out of the room and warned Bailey for contempt of court."Counsel, this court said 'Step back' (and) you said 'you may but you weren't'. Further activity like that will be held in direct contempt of court and the court will sanction appropriately," Binette said before resuming proceedings.The jury selection process then continued where it left off — but Bailey refused to chime in each time he was given the opportunity."We're not participating," he said multiple times. "I previously told you that I won't participate in this trial and I'm sticking to that."Bailey argued that continuing with the trial "would violate Reverend Mick's rights to guaranteed due process."He told the Register he already intends to appeal."We filed a notice of appeal this afternoon," Bailey said.Mick