Vermont Woman Gets Prison in Child Sex Case - Updated

(St. Albans, Vermont) Convicted of multiple counts involving sex assault and restraint of two boys, 35-year-old Misty Smith was sentenced Monday by Franklin County District Court Judge Robert Mello. The proceedings were emotional.

Mello said she needed significant structure and treatment for the rest of her life.

“The court thinks that the two victims came closest to articulating what is needed here,” Mello said. “What Ms. Smith needs is a structure that she’s never had in her life. They don’t want to see her spend her life in jail, but they realize in order for her to succeed, which they want her to do, she’s going to need very strict supervision; as much supervision as possible.”

In total Smith received three years to life for the two sexual assault charges and three to five years for each count of unlawful restraint.

Sad case. Smith has a previous conviction for aggravated assault and a suicide attempt. Her criminal behavior is partly blamed on Smith being borderline mentally retarded due to fetal alcohol syndrome.

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Vermont Woman Guilty in Child Sex Case - Updated
[Previous 8/11/11 post]
(St. Albans, Vermont) In exchange for reduced charges, a tearful Misty Smith, 35, pleaded guilty before Superior Court Judge Mark Keller to hiding and sexually assaulting two 11-year-old boys in her home.

“The first step toward rehabilitation is taking responsibility for your actions,” Keller said. “I’m trying to help you take that first step.”

Smith responded “Yes” when Keller asked whether she assaulted the boys and later hid them from their parents and the police. Earlier in the hearing, Smith had said she hid the boys because they wanted to stay with her.

In exchange for her guilty plea Tuesday in Vermont Superior Court in St. Albans, prosecutors reduced two charges of aggravated sexual assault to the two counts of sexual assault, and dropped 13 other charges, including a third count of aggravated sexual assault, as well as two counts of lewd and lascivious conduct with a child.

Smith faces a possible term of life in prison when sentenced at an as yet to be scheduled future date.

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Vermont Woman, 34, with Boy, 11
[Previous 11/11/10 post]
(St. Albans, Vermont) Yesterday, a 34-year-old Vermont woman, Misty Smith, was arrested for several offenses stemming from the alleged kidnapping and sexual assault of an 11-year-old boy.

Smith faces charges of aggravated sexual assault on a child, lewd and lascivious conduct with a child, simple assault, second-degree unlawful restraint, kidnapping/unlawful sheltering, aiding a runaway child, contributing to juvenile delinquency and furnishing alcohol to minors.

On Tuesday police started looking for the boy who had been last seen leaving school Tuesday and was headed to Smith's home.

Police say Smith told officers and the boy's parents he was not there.

When officers later returned to speak with Smith again they heard noises upstairs that led them to the boy. Police say he'd been there the whole time.

Smith was booked into custody with bail set at $250,000.