State wants sanctions for Sandusky attorneys

SANDUSKY — A state board recommended two Sandusky attorneys be disciplined for conduct related to a case against a former pastor accused of sex crimes.Earlier this month, the Board of Professional Conduct of the Supreme Court of Ohio recommended sanctions against K. Ron Bailey and his son, Kenneth Bailey, both of the Bailey Legal Group on Market Street in Sandusky. The case was brought to the board in January by the Erie-Huron County Bar Association.Specifically, the board recommended:• K. Ron Bailey be suspended two years, with one of those years stayed on the condition of "no further misconduct."• Kenneth Bailey be publicly reprimanded.BackgroundThe sanctions stem from the 2016 trial of Richard Mick, a former pastor of Sandusky's Lighthouse Baptist Church, who was accused of child rape. Mick was originally represented by a public defender but later hired K. Ron Bailey as his attorney.At the trial, K. Ron Bailey announced to the court that he would not be participating in the trial's proceedings.Bailey did so because the case's judge, Roger Binette, did not grant his motion to push the trial date back for a ninth time, according to the board's report, which lists the reasons Bailey gave for his motion:• Mick had been recently hospitalized in Cleveland.• K. Ron Bailey and been out-of-state for a family member's wedding for the previous four days.• Answered juror questionnaires didn't arrive at K. Ron Bailey's office until after he left for the wedding.• The court did hold a hearing on his motion asking the court to reconsider their decision to not hire an expert witness.• K. Ron Bailey's investigator had not conducted an interview with one of the state's witnesses.The trial went on despite K. Ron Bailey's non-participation, and Mick was convicted and later sentenced to life in prison. While that conviction was later reversed on appeal, Bailey was held in contempt of court and sentenced to 30 days in jail and fined $250.The board argued that Bailey was prepared to go forward with the trial, and said his actions were to "attempt to force a mistrial," which was a "conscious and risky strategy.""Ron Bailey contends that Judge Binette's rulings placed him on the horns on an ethical dilemma that made it impossible for him to try Mick's case," the report states. "He had the benefit of voluminous discovery, exculpatory evidence from the prosecution and a year's worth of work done by the public defender. As an advocate, he was prepared."Kenneth Bailey's recommended sanctions come from Facebook posts he made criticizing Binette's handling of the case, one of which was published in a December 2017 Register article, according to the report. The board said Kenneth Bailey's posts contained "reckless and false" claims.DecisionThe state board's report said that, when making their decision on sanctions, they considered several factors:• Kenneth Bailey apologized to Binette about the social media posts he made.• K. Ron Bailey's actions were not done out of "dishonesty, fraud or misrepresentation."• Both men had letters and evidence of their "good character of reputation."• Neither man had a prior disciplinary record.The report was sent to the Ohio Supreme Court on Oct. 10. A Supreme Court document states the Baileys and the bar association have until the end of the month to file any objections to the board's recommendations.Neither K. Ron Bailey nor Kenneth Bailey provided comment on the ruling to the Register.Mick's second trialPrior to the board's report, Mick had a second trial in Erie County common pleas court this past July, which ended in a mistrial.Mick was represented in the trial by K. Ron Bailey and Meredith O'Brien, also of the Bailey Legal Group.Following two full days of testimony, including testimony from Mick's three alleged victims, the trial came to a standstill when O'Brien pointed out a Sandusky police report that had been provided to the prosecution prior to the trial, but not the defense.The trial judge, Tygh Tone, declared a mistrial. Tone later recused himself from Mick's future third trial, and asked that the Ohio Supreme Court appoint a new judge. Mick's docket does not state if the new judge has been appointed yet.Visit our Ohio Supreme Court hub for more storiesReach reporter Brandon Addeo at brandonaddeo@sanduskyregister.com, follow him on Twitter @BrandonAddeo and follow the Register at Facebook.com/SanduskyRegisterSandusky attorney K. Ronald Bailey visits the Register for a segment of "Between the Lines" on Thursday, Jan. 25, 2018.Attorney Kenneth Bailey (center) speaks during the 2016 trial for Richard Mick (right), who was being represented by his father, K. Ronald Bailey (left).