Third judge to get pastor's 3rd trial

SANDUSKY — An Erie County judge recused himself from the child rape case of a former pastor and asked the state's highest court to appoint a new judge.Judge Tygh Tone, who was presiding over two cases against Richard Mick, 58, of Castalia, announced he was stepping away from Mick's cases "to alleviate the appearance of impropriety."Mick, facing accusations of sexually assaulting children, recently had a trial in Tone's court end in mistrial. On the trial's third day, Mick's attorneys, K. Ronald Bailey and Meredith O'Brien, motioned for a mistrial following two days of testimony after they learned about a Sandusky police report that had not been given to the defense prior to the trial.Tone ruled that Mick's due process rights were violated and declared a mistrial. He said his court will request that the Ohio Supreme Court appoint a new judge to Mick's cases.Case historyThe visiting judge who is appointed will preside over Mick's third trial on the same charges.Erie County Common Pleas Court Judge Roger Binette presided over his first trial, in 2016. Mick was also represented by Bailey in that trial.During the course of the trial, Bailey, citing grievances with some of Binette's decisions, refused to participate in proceedings.The trial proceeded on and a jury convicted Mick; Binette later sentenced Mick to life in prison.Mick appealed the conviction, citing ineffective representation, and a state appeals court decided to overturn his conviction and grant him a new trial.That new trial started in Tone's court July 22 and ended in the mistrial July 25.There does not appear to be a timetable for the new judge's appointment and new trial for Mick.Visit our Erie County Common Pleas court hub for more storiesReach reporter Brandon Addeo at brandonaddeo@sanduskyregister.com, follow him on Twitter @BrandonAddeo and follow the Register at Facebook.com/SanduskyRegisterRichard Mick, left, speaks with his attorney Meredith O'Brien, right, during his trial Tuesday, July 23, in Erie County common pleas court. RICHARD C MICKJudge Tygh Tone, pictured in this 2016 file photo, filed a motion Sept. 20 to recuse himself from Richard Mick's cases