SMETHPORT — Former Smethport pastor Daniel Merrick cannot withdraw his guilty plea to possessing child pornography, ruled McKean County President Judge John Pavlock.

Citing “very unusual and bizarre” assertions raised by Merrick, 67, the judge set a full sentencing hearing — with a chance to call witnesses — for 2:30 p.m. Aug. 8.

In a letter to the court, Merrick had asked to withdraw his plea for the following reasons: He was obtaining the images for an investigation into Ukrainian children abducted by Russia and auctioned off, and he thought he might prove abuse that had happened to him as a child, according to court records. Merrick said he turned over the images he had to a governmental unit, and asked the court for a mitigated sentence of house arrest.

In the motion to withdraw, he suggested he was innocent for these reasons.

First, Pavlock denied the request for withdrawal because Merrick’s motion came in after the court-imposed deadline. Then the judge discussed the reasons raised by Merrick. Pavlock said these alleged reasons contradicted what Merrick told law enforcement, that he “had an addiction and would seek help from a therapist.”

His allegations otherwise were unsubstantiated and bizarre, the judge wrote, saying Merrick provided no evidence that “any of the children in the 598 images were Ukrainian children (and) are somehow related to abuse by Russia,” and no verification that he submitted anything to any governmental body.

Pavlock said he was not finding that Merrick’s allegations were irrelevant. At the sentencing hearing, he will have a chance to prove the child pornography was downloaded for an investigation and for “his own personal desires,” or that he downloaded them to “prove his own sexual abuse as a child.” If proven, those issues might have a mitigating impact on the sentence. If there is no evidence to support the assertions, it could mean a harsher sentence for Merrick, the judge indicated.

“It would demonstrate that he does not recognize the severity of his crimes and the need for treatment,” Pavlock wrote. After he hears the evidence, the judge will make a determination as to whether the issues are factual.

The sentence will be imposed right after the hearing, the judge stated.

A Christian musician, pastor and former Bradford store owner and landlord, Merrick was arrested in February 2023 after a Cybertip was made to State Police Computer Crimes alleging eight images and one video of child pornography were traced back to his cell phone, according to the criminal complaint.

Upon investigation, state police found more than 800 images of child pornography on Merrick’s cellphone, the complaint alleged. He had originally faced 885 counts of child pornography, which were combined into two counts, both second-degree felonies.

The criminal complaint indicated Merrick told state police he began viewing pornography due to marital issues, which led to a “two-month curiosity in child pornography.” He told police that he had an addiction and would seek help, the complaint read.