Multiple victims - (Accused Misty Smith) St Albans VT

34-Year-Old Vermont Mother Arrested For Giving 11-Year-Old Boys Drugs And Alcohol And Then Sexually Molesting Them. She Claims "They Started It."


November 19, 2010 08:28 PM EST (Updated: November 19, 2010 10:58 PM EST)

If you were a pre-teen boy in St. Albans, Vermont, Misty Smith's house was the place to be. Neighbors say the 34-year-old mom had a child-like quality about her, which drew the 11-year-old crowd to her home. However, gut instinct is strong in a good parent and some refused to allow their children go to the woman’s home in spite of the fact that she had a young son of her own. As it turns out, gut instinct is often right. It turns out those suspicions were reasonable, because Smith was luring the children with more than just her youthful charm.

When an 11-year-old boy did not come home from school one day, his parents called the Police. Together they canvassed the neighborhood. Since the boy was friends with Smith’s 11-year-old son, the parents of the missing boy stopped by her house to see if she had seen their son. Three times, she said she had not seen him.

Then a Police officer who was also investigating the disappearance of the young boy stopped by that particular evening, Smith again said she had not seen the boy. However, just like in a movie, just as the officer turned to leave, a noise that came from inside the bedroom caught his attention and he asked for permission to investigate. That is where he found the kid and two other 11-year-olds and boy did they have a story to tell!

It turns out that young neighborhood boys did not seek out Smith's company for the cartoon movies she had or the conversation she provided or even her childlike quality. They did it for the cigarettes, marijuana, alcohol and prescription pills she was using to bribe them. They also confessed that Smith had been having sex with them for the past month even while her husband was in the home, though it is unclear if he was aware of what she was doing.Smith told authorities that yes, she have been sexually abusing the boys but that they had made the first advances. Is she serious here? We are talking 11-year-olds, not 17-year olds. She is now charged with lewd and lascivious conduct with a child, unlawful restraint, simple-assault, delivering drugs to a minor and furnishing alcohol to a minor.Smith tried to convince the authorities that this was a onetime incident, however, when the boys were questioned, it came to light that it had happened on more than one occasion and that it was in fact happening the night that it was discovered. At least one of the boys said that it had been forced and that all of the boys had seen what was happening to each other.Franklin County Superior Court Judge a. Gregory Rainville said, “These charges are about as serious as can be levied against any individual short of murder.” He also Smith was a “substantial risk to the general public”. He set her bail at $1 million, and set conditions that Smith was not allowed anywhere near the any of the victimized children or their families. Investigators are still looking for other possible victims. Vermont has taken a hard line approach toward child abuse and as a result, the occurrences have dropped in the state.We all have a bit of dysfunction in our families and in ourselves. There is no such thing as perfect family. We all have a certain number of hang-ups and insecurities, but regardless, the victimization of a child cannot be tolerated under any circumstances. Regardless of how we are raised, we all know the difference between right and wrong and if our tendencies go to the extreme as this woman’s obviously did, she should have sought help. Smith obviously knew that her behavior was at the very least illegal and at the most, immoral and perverted. If she can be reformed, she will receive help in prison, which is no doubt where she will go, but what of her victims? Those children will need help as well. Will they get it? On the other hand, will the stigma of what happened to them drive them to refuse it and will they do the same thing to someone else when they get older?Let us hope for a good outcome for these young boys that they and their parents accept the help they will so desperately need after such an ordeal and that they do not become statistics in the future.

http://news.gather.com/viewArticle.action?articleId=281474978710159

What I don't understand is how a grown woman could even look at an 11 yr. old boy in any kind of sexual way! Even more so in her case since she had an 11 yr. old son of her own- it doesn't mention it, but I wonder if she was abusing him too. It wouldn't be too much of a stretch considering the bounderies she was willing to cross. I could care less if SHE gets help- let her rot in jail. I do hope these boys get the help they need to recover from this abuse.

Preparing woman’s defense postpones trial for months
ST. ALBANS CITY –– A judge expressed concern on Wednesday that a St.
Albans City woman who allegedly kidnapped, drugged and gave alcohol to
two of her son’s school-aged friends might be sitting in jail too long
before trial.
However, Misty Smith, 34, and her attorney, Betsy Hibbitts, agreed that
Smith could stay behind bars while she waits to face a jury, which will
not happen until next winter.
Smith appeared at Franklin District Court for a half-hour case status
conference yesterday. She has been held on $1 million since last
November, when she pleaded not guilty to 13 charges that carry the
potential for three life sentences.
Hibbitts said she needed enough time to prepare a case that culminated
with a December 2011 or January 2012 jury trial. That concerned Judge
Mark Keller, who told Smith a case like hers would normally get to trial
within six months.
“That’s a long time,” Keller said, while explaining to Smith that he did not want to violate her right to a speedy trial.
“Your liberty rights are being violated right now,” Keller told Smith.
Keller also explained that, if convicted, Smith would have to undergo
sex offender treatment while in prison. She would have to complete that
treatment before the Corrections Department released her, which could
affect how her credit for time served is applied to her sentence
minimum, Keller said.
“If you sit in jail for 15 months before you go to trial, that’s what’s
known in the trade as ‘dead time,’” because a defendant is not treated
during that time, Keller told Smith.
Hibbitts insisted she and Smith needed the time to prepare for trial,
and that Smith’s status behind bars was acceptable in the meantime.
“At the end of the day, she’s not looking for a speedy trial right now,” Hibbitts said of her client.
Hibbitts said she and Deputy State’s Attorney Diane Wheeler could
probably resolve the case before a pre-trial conference in December.
The state has offered a plea agreement that calls for three years to
life in prison, but Hibbitts was uncomfortable with an indeterminate
sentence.
The state has prepared a list of 43 witnesses and obtained Smith’s records from the Department of Children and Families.
Hibbitts said she could prepare a witness list by May 20. Both
attorneys must depose all their witnesses by Oct. 20 and file all
motions by Nov. 1, according to Keller’s deadline.
Wheeler said the alleged victims had wanted the trial to occur in
August, before they returned to school, and not in the middle of the
school year.
“The kids oppose any lengthy time for trial,” Wheeler said.
Smith has pleaded not guilty to: two counts of delivering drugs to a
minor; two counts of second-degree unlawful restraint on someone younger
than 16; furnishing alcohol to a minor; three counts of aggravated
sexual assault on a child (one of which is allegedly against her son);
two counts of lewd and lascivious conduct with a child; two counts of
second-degree unlawful restraint; and simple assault.
The slew of egregious charges against Smith stem from incidents that
the boys – age 11 at the time – say occurred at her 68 Nason St. home
since the beginning of their school year at the St. Albans Town
Educational Center (SATEC).
Court affidavits list graphic details about the boys’ alleged sexual
encounters with Smith and her willingness to give them marijuana, pills,
and alcohol.

http://samessenger.com/node/1425