Wellsville man withdraws plea agreement in juvenile sex case
LISBON — A Wellsville man who was supposed to face sentencing Friday for sex charges involving juveniles said he wants a new attorney and wants to take back his plea.
A new hearing is now set for 1:20 p.m. Nov. 25.
Justin R. Talbert, 23, Center Street, showed up at the last minute for his sentencing hearing before Columbiana County Common Pleas Court Judge Megan Bickerton, notifying his attorney in the hallway that he was done.
In the courtroom, when Bickerton asked defense attorney, Aaron Schwartz, if they were ready, he responded, “I don’t believe we’re prepared. I’ve been discharged from my services,” indicating Talbert was looking for a new attorney.
Talbert then told the judge, “I’d like to withdraw the plea agreement,” claiming he had a learning disability and didn’t understand.
Bickerton responded that she discussed all that with him when he entered the plea, she asked about his education, she explained everything to him.
“I don’t let anybody come in here and plea to something they don’t understand,” she said.
In September, Talbert pleaded guilty to second-degree felony sexual battery and third-degree felony gross sexual imposition, with charges of first-degree felony rape and third-degree felony importuning to be dismissed as part of the plea agreement. At the time, county Assistant Prosecutor Steve Yacovone said he would be recommending a 10-year prison term, with six years for the sexual battery charge and four years for the gross sexual imposition, along with a designation as a Tier III sex offender, requiring him to register his address with the sheriff’s office for the rest of his life.
Bickerton demanded Talbert make a decision on what’s going to happen, telling him, “this isn’t a game.”
She chastised him for waiting until the last minute to tell his attorney, blindsiding him, and for taking up the time of people who were there for the sentencing. She said she had no indication during the plea two months ago that he didn’t understand. She accused him of using a stall tactic by waiting until the last second and called his actions “pretty inconsiderate.”
She continued the case until Nov. 25 and told Talbert he better figure out his counsel situation by then.
“This is not a game Mr. Talbert, this is real life,” Bickerton said.
Talbert was accompanied by family members. During the hearing, the mother of one of the young victims could be heard crying.
County Assistant Prosecutor Tammie Riley Jones represented the state during the hearing.
According to the indictment that was issued against Talbert last year, the alleged sexual conduct and sexual contact occurred from April 1, 2021 to Sept. 22, 2022. The rape and sexual battery charges involved a child who was 13 years old when the abuse began. The gross sexual imposition and importuning involved a different child who was 12 years old when the touching started.
The indictment for the sexual battery charge also noted that the sexual conduct occurred while Talbert “was a teacher, administrator, coach or other person in authority employed by or serving in a school in which the child victim was enrolled in or attended.”
Talbert remains out of jail on a $150,000 cash or surety bond.