Murder trial to follow reversal

Cuthbertson pleaded guilty, but he changed his mind before sentencing.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- Donnell Cuthbertson has spent more than two years locked up in a murder that he first admitted committing, then changed his mind.
He was to go on trial today in Mahoning County Common Pleas Court an a charge of aggravated murder with a firearm specification.
If he's convicted, the firearm specification will add a mandatory three years to any other prison sentence.
What happened: Cuthbertson, 27, of Norwood Avenue, was indicted in February 1997 in the killing of Marcus Mosely a month earlier. At the time, he faced life in prison if convicted, but in March 1998, he pleaded guilty to a reduced charge of murder, which carries a penalty of 15 years to life.
Before he could be sentenced, though, Cuthbertson wrote a letter to Judge Robert G. Lisotto saying he is innocent and asking permission to change his plea.
In the letter, Cuthbertson said he made the plea deal at his mother's persuasion.
Request denied: At a hearing, acting Judge Joseph O'Neill overruled the request and imposed a sentence of 15 years to life, plus three years for the firearm specification. He went to prison in April 1998, said Robert Andrews, assistant prosecutor.
Last September, the 7th District Court of Appeals ruled that Cuthbertson should have been allowed to withdraw the plea, because he changed his mind before sentencing.
He was released shortly after that, but has been in the county jail since, awaiting trial, Andrews said.