Woman admits using heroin with child in car

A Franklin woman has admitted using heroin earlier this year while her 5-year-old son watched from the backseat of their car.

Hannah Smith, 38, appeared Monday in Vermont Superior Court in Burlington, where she pleaded guilty to cruelty to a child under 10 years old and admitted to the events of early July that the judge described.

Police have said Smith and her partner, Adam Legrand, 42, used heroin and began to lose consciousness in the parking lot of Burlington's Pearl Street Beverage when their son began yelling to passersby for help. Several witnesses told police they saw Smith and Legrand slumped over in the front seat of the car, according to court papers.

Judge Dennis Pearson sentenced Smith to spend 18 months under the supervision of the Rapid Intervention Community Court while she undergoes drug treatment and counseling elsewhere. If she commits no new crimes within the 18 months, Smith will be eligible to have the charge removed from her record.

Legrand, also of Franklin, appeared in court Monday for a scheduled change of plea hearing, but the hearing was postponed until next week so Chittenden County State's Attorney T.J. Donovan could review the plea agreement. Lawyers did not say during the hearing what the proposed agreement included.

Legrand's lawyer Harley Brown told Pearson his client appeared to be doing well while his case was pending. Legrand has pleaded not guilty to a charge of cruelty to a child younger than 10 years old.

"We are doing a lot of hard work," Brown said. An attempt to reach Brown after business hours Monday was unsuccessful.

The couple's son was staying with a relative while the court cases proceed.

Chittenden County Deputy State's Attorney Dana DiSano told the court Monday the Department for Children and Families indicated Smith was doing well with her treatment and attending all of her meetings.

"We took that into consideration when coming up with this plea agreement," DiSano said.

Smith became visibly emotional as the judge recounted some of the facts of the case during Monday's hearing. Near the end of the hearing, Smith spoke to the court briefly.

"I just want everyone to know how much I appreciate the chance," Smith said of the recommendation for treatment over prison.

Smith declined comment on the way out of court, requesting time to collect her thoughts before speaking about her recovery.

Legrand faces up to two years in prison and $500 in fines if convicted. He remains free on conditions pending his hearing Nov. 10.

Parents answer accusation of heroin use with child

This story was first published on Oct. 31, 2016. Contact Elizabeth Murray at 651-4835 or emurray@freepressmedia.com. Follow her on Twitter at @LizMurraySMC.

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