Derek Bailey went on trial in Leelanau County today for charges of five counts of criminal sexual conduct.
In opening arguments, Douglas Donaldson, Leelanau County's chief assistant prosecuting attorney, said his case rests heavily on testimony from the two victims and Bailey's relatives. He also noted that while a search of electronic devices did not produce any evidence of criminal sexual conduct as law enforcement suspected, he does have evidence that one device was deleted or reprogrammed the day it was taken.
The defense argued that the case is a situation of one person's word against the other.
"These things happen - if they happen - in the dark without people knowing it," said defense attorney Craig Elhart, "and it's one person's word against the other."
Elhart said Bailey's wife, Tonia, has wanted to divorce him for three or more years. He said these accusations of criminal sexual conduct stem from her attempt to discredit Bailey so she can have custody of their son and move to Alaska.
"This [case] is an effort only to ruin Mr. Bailey," Elhart said.
The defense also argued that Derek Bailey was arrested without evidence on the day his electronic devices were seized.
One of the victims took the stand today. She provided detailed descriptions of incidents where criminal sexual conduct allegedly took place. In the defense's cross examination of the victim, they attempted to show inconsistencies in her testimony based on previous accounts she'd given.
The court lost its alternate juror during the lunch recess. Judge Rogers said that she was found in contempt of court but wouldn't explain further. If another juror is found in contempt of court, the trial would have to start over.
The trial is scheduled for three more days, continuing through Thursday with one more day scheduled on November 10th.
