ROME, GA — The trial against comic book retailer Gordon Lee has been pushed off today, because the judge was unable to appear due to illness.Lee still faces two misdemeanor counts of distributing material harmful to minors, carrying penalties of up to a year in prison, and $1,000 in fines for each count, if convicted. This delay is the latest development in a legal saga that has lasted nearly three years.

The case arose from the Halloween 2004 distribution of Alternative Comics #2, a Free Comic Book Day sampler which featured an excerpt from the critically acclaimed graphic novel The Salon, which depicted Pablo Picasso in the nude and was accidentally handed to a minor. There is no sexual content in the three-page long segment, only male nudity.

“Obviously we’re disappointed that the case was unable to go yesterday, as scheduled, but understand that this kind of delay is nobody’s fault and unavoidable. We wish Judge Salmon a speedy recovery,” said Comic Book Legal Defense Fund Executive Director Charles Brownstein in a statement.

The Comic Book Legal Defense Fun has spent more than $80,000 defending Lee. The case will likely be rescheduled to take place in November.