White River Junction
Judge Theresa DiMauro sentenced Steven Smith to 20 years to life in prison, all suspended except for 8 years to serve. She handed Lucinda Smith a similar sentence, but with 7 years to serve.
The sentences were part of a plea agreement recommended to DiMauro by prosecutors and defense attorneys in the case.
DiMauro said she believed the crimes warranted harsher sentences. She said she accepted the agreements to avoid putting the victims through a trial.
“This is not the sentence the court would ordinarily impose for this kind of conduct,” DiMauro said.
Steven, 49, and Lucinda Smith, 45, both expressed remorse for their actions in court on Wednesday, saying the time they have spent in prison while awaiting a resolution to their case has allowed them ample time to reflect.
“I do accept responsibility very much,” Steven Smith said.
“I am very sorry for what I have done,” Lucinda Smith said.
The Smiths will be under strict supervision by the Probation and Parole department for the rest of their lives. They will also be required to register as sex offenders.
Windsor County Deputy State’s Attorney Heidi Remick said both victims, who were known to the couple, chose not to attend court on Wednesday. She said they are working to put the abuse behind them.
“Both of these young people will likely spend their whole lives working to come to terms with what happened to them,” Remick said. “There is a lot of shame and anger and pain to work through.”
Steven Smith’s attorney, Chris Montgomery, and Lucinda Smith’s attorney, Kyle Hatt, both said they felt the plea agreement met the goals of sentencing, including punishment, safety of others and rehabilitation of the offenders.
The Smiths were initially charged in July 2012, and then again in November 2012 after prosecutors said they identified a second victim. In October 2013, both pleaded guilty to felony sexual assault charges.
However, prior to the Smiths’ formal sentencing, a March 2014 ruling by the state Supreme Court in a separate case opened the door for their defense counsel to file plea withdrawals based on a technicality. A Windsor Superior Court judge approved the Smiths’ requests to withdraw their pleas in September 2014.
More than a year later, in July 2015, the Smiths took a plea agreement and each pleaded guilty again to two counts of sexual assault . The sentences they received on Wednesday were outlined in that plea agreement.
Lucinda Smith has been held at Chittenden Regional Correctional Facility in South Burlington while awaiting sentencing, and she will likely return there to complete her formal sentence. Steven Smith has spent time at the Northeast Correctional Complex in St. Johnsbury, Vt., and Southern State Correctional Facility in Springfield, Vt. It was unknown Wednesday where he will serve his formal sentence.
Both Smiths have more than three years of time served. Lucinda Smith could be eligible for release as soon as 2019; Steven Smith could be eligible as soon as 2020.
Jordan Cuddemi can be reached at jcuddemi@vnews.com or 603-727-3248.