Several arrests, but he’s still free

By John W. Goodwin Jr.

The judge gave the man a stern warning about getting into more trouble.

YOUNGSTOWN — Prosecutors want Joseph Jackson taken off the streets and placed in jail, but he remains free after his most recent appearance in Mahoning County Common Pleas Court.

Jackson, 32, appeared before Judge Lou D’Apolito, Mahoning County Common Pleas Court, for a pretrial hearing Thursday that ultimately turned into a hearing on a motion by prosecutors to revoke Jackson’s bond.

Jackson has been on parole since 2006 after serving five years in prison for aggravated robbery, but he was arrested and charged with illegally possessing a firearm and possession of cocaine in 2008. He posted a $35,000 bond and was released pending trial.

Jackson was arrested twice more while on bond — once on a charge of possession of cocaine in April 2008 and also possession of drugs in January of this year. He posted a $50,000 bond for the cocaine charges and was released on his own recognizance for the possession of drugs.

Judge D’Apolito questioned why the prosecutor’s office did not challenge the personal-recognizance bond when the charges reached the common pleas court from Youngstown Municipal Court earlier this year.

Jackson ultimately pleaded guilty to the 2008 cases Jan. 29. His sentencing was set for May 20 on the first two cases, but it was rescheduled for June. At the June sentencing, Jackson made, and was granted, an oral motion to withdraw his guilty plea to those charges.

Judge D’Apolito said he allowed Jackson to withdraw his guilty plea because he was not satisfied with the prison time the prosecutor’s office had agreed to in the plea agreement.

The judge asked why the prosecutor’s office waited months after Jackson’s third arrest and after his withdrawal of a guilty plea before filing a motion to revoke bond.

Atty. Lynn Maro, one of the attorneys representing Jackson, contends the move to revoke Jackson’s bond is a move by the prosecutor’s office to get back at Jackson for not going through with his initial guilty plea on the first two charges.

“This is just retaliation for him asserting his right to have a trial,” she said.

Martin Desmond, an assistant county prosecutor, said the only point the court should be considering is that Jackson was free on bond and committed additional crimes while he was free on bond.

Judge D’Apolito said, however, Jackson has followed the guidelines of his bond conditions and had committed no additional crimes in the months it took the prosecutor’s office to request the revocation of his bond.

He said there was no reason to revoke the bond now. He did, however, tell Jackson that if he should be arrested again, he immediately would be placed in jail.