Kenosha woman sentenced; possessed drugs shortly after delivering baby

Erin Smith

A Racine County judge sentenced Erin Smith of Kenosha on Monday, July 1 to two years probation. This followed Smith's no contest plea to two of seven charges against her from April 2022. Those two charges were possession of THC and possession of drug paraphernalia. Five other charges were dismissed and read into the court record for the purposes of sentencing. 

According to the criminal complaint, Racine police responded on Dec. 15, 2021 to St. Luke's Pavilion at Ascension All Saints Hospital regarding "hospital staff finding drugs on the delivery floor." Officers spoke with a nurse who indicated the defendant, Smith, had just given birth -- and that a woman "brought the defendant a bag that contained drug paraphernalia," the complaint says. 

The nurse told officers "she could smell marijuana coming from the bag. A hospital security officer searched the front pouch of the bag and "found drugs and drug paraphernalia inside," the complaint says -- and that is when police were called.

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The complaint indicates the person who brought the bag was "aware that the defendant uses controlled substances including cocaine, methamphetamine, and marijuana...that the defendant last used cocaine two days prior."

When questioned by police, the complaint says Smith "originally stated that items in one of the pockets of the bag belonged to a male that she was staying with at a motel. However, the defendant ultimately stated that the drugs and drug paraphernalia inside the bag were hers." Smith later stated "she did not know the drugs were inside the bag and that she would not bring drugs to the hospital when she was delivering a baby."