Deal for alleged Cusack stalker falls through

Sentence on table included five years probation, 10 staying away from actor

AP	Emily Leatherman , shown in this undated booking photo, was moments away from accepting a deal that would have allowed her to escape state prison. But after she indicated she wasn't entering into the deal freely, a judge rejected the bargain and ordered the 33-year-old to stand trial.

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updated 8:35 p.m. ET Oct. 8, 2008

LOS ANGELES - A woman accused of stalking actor John Cusack will go to trial after a last-minute plea deal fell through.

Emily Leatherman was moments away from accepting a deal Wednesday afternoon that would have allowed her to escape state prison. But after she indicated she wasn't entering into the deal freely, a judge rejected the bargain and ordered the 33-year-old woman to stand trial beginning Friday.

Leatherman faces four years in state prison if convicted.

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The deal on the table called for Leatherman to receive five years of probation and to stay away from Cusack, his business and home for the next 10 years.

She was arrested earlier this year outside the actor's home and has been jailed ever since.

Cusack is expected to testify during the trial.