Alleged Cusack Stalker Freely Heads to Trial

Judge won't allow plea deal after determining defendant wasn't a willing participant; trial set to begin Oct. 10

By Natalie Finn Oct 09, 2008 12:34 AMTags
John CusackFerdaus Shamim / Getty Images

John Cusack's alleged stalker is going to get her day in court after all.

A Los Angeles judge scrapped a plea agreement for Emily Leatherman after determining that the 33-year-old woman wasn't in full agreement with her court-appointed lawyer who was more than ready to accept the deal.

Instead, Leatherman, who has been in jail since being arrested March 30 near the Grosse Point Blank star's Malibu home, is scheduled to stand trial starting Friday on charges including felony stalking and violation of a restraining order. Cusack is expected to testify.

The deal would have saddled her with five years' probation and an order to stay away from Cusack for at least 10 years. She's facing as much as three years in prison if convicted on all counts.

Leatherman had originally wanted to act as her own attorney, but L.A.Superior Court Judge Susan M. Speer, while ruling that the defendant was fit to stand trial, would not allow it.