Friday February 8, 2013

PITTSFIELD -- A Dalton woman police and prosecutors said was aware of allegations of sexual abuse, but failed to report them to police, had a charge of reckless endangerment of a child continued without a finding of guilt for two years.

On Thursday in Berkshire Superior Court, Judge John A. Agostini told 36-year-old Jennifer Smith that if she stays out of trouble for two years, goes to a local treatment facility and continues to see a therapist, the case will be dismissed. If not, said the judge, she could be sent to jail for up to 21Ž2 years.

The judge’s decision was in line with a joint recommendation between Assistant Berkshire District Attorney Gregory Barry and Smith’s attorney, David Pixley.

It is alleged that Smith was aware of sexual abuse allegations made against her then-husband, 35-year-old Robert F. Smith, between 2004 and 2010 but never alerted police.

Mr. Smith is currently serving a 25- to 30-year state prison sentence after he was convicted on numerous counts of rape and other charges.

The investigation was conducted by state police detectives assigned to the District Attorney’s Office.