In State v. Ducey, 10th Dist. No. 03AP-944, 2004 Ohio 3833, a witness made a statement to police that she, and not the defendant, had committed the offense. Because it believed the witness might offer the same incriminating testimony under oath, the trial court advised her of her rights against self-incrimination and to counsel. The witness chose to consult with an attorney before testifying further, so the trial court appointed counsel and recessed the trial. When trial resumed the following day, the witness did not appear. Despite the public defender's request, the trial court refused either to issue a warrant to enforce the subpoena or to grant a continuance so the defense could file contempt proceedings against the witness. Under those circumstances, the Tenth Appellate District concluded that it was improper to proceed with the trial.