Two women arrested after a mother “in full-blown labor” was injected with narcotics are no longer facing felony charges.
The reckless conduct charges against Felicia Farruggia, 29, of Concord and Rhianna Frenette, 37, of Belmont have been reduced to misdemeanors after defense attorneys argued that a syringe filled with heroin should not be considered a deadly weapon in this case.
Defense attorney Emma Sisti also noted that no heroin was found in the mother or the baby when they were later tested at Concord Hospital, even though they tested positive for other drugs.
The charges for both women stem from a September incident in which Frenette allegedly injected heroin into Farruggia, who was in active labor. Detailed in a police affidavit, Farruggia – who has an extensive history of drug use – allegedly refused to go to the hospital to deliver the baby before receiving drugs to ease her pain.
Frenette, who later confessed that she was likely high on methamphetamine at the time, offered to help Farruggia by injecting her with a dose of the drug, according to the affidavit.
Frenette later told police that she injected Farruggia in part because she was concerned for the woman’s safety. She said that Farruggia seemed intent on injecting herself with a large amount of heroin that Frenette feared would cause her to overdose, so the Belmont woman discarded about half the contents of the syringe before injecting Farruggia with the drug.
She also told police that Farruggia has a heart condition, so she injected her in order to get her comfortable enough to get into an ambulance quickly.
Farruggia delivered her child in the driveway in front of her Elmwood Avenue apartment. The baby was born lethargic and still in the amniotic sac, both of which are considered unusual circumstances, Concord police Detective Nicole Murray said during testimony Tuesday.
At Concord Hospital, a drug test for the mom and baby revealed both had tested positive for methamphetamine, amphetamine and anti-anxiety medication.
The child was placed in state custody after his birth. Hospital staff told police that while the newborn’s condition was “stable,” he was also breathing very rapidly, drawing an estimated 100 breaths per minute (a normal breathing rate for infants is 30-40 breaths per minute.)
The reckless conduct charge for Farruggia comes from the alleged act of asking to be injected with drugs while in labor and therefore putting her child at risk. She is currently being held on $15,000 cash bail in Merrimack County Jail.
Frenette was initially charged with endangering the life of both the mother and the baby. She was being held on $25,000 cash bail in the Carroll County Jail, but District Court Judge Kristin Spath reduced it to $5,000 on Tuesday.
Additionally, Spath turned down a request from Farruggia’s attorney for the woman to be released on personal recognizance bail so she could seek residential addiction treatment.
Concord city prosecutor Tracy Connolly argued that Farruggia’s extensive history of drug use meant she should continue to be held in jail while she looked for a treatment program.
“I think her drug problem is so out of control, she should be in a secure facility,” Connolly said. “Right now, I think that’s what we need to ensure her safety, not just the safety of others.”
Connolly noted that Farruggia has five other children, all of whom are also in state custody.
“She had complete disregard for that child. She has six children, none of which are in her custody,” Connolly said. “She is a risk to herself. She is a risk to any other children she may bear.”
Spath said she supported Farruggia starting to look for a treatment facility while in jail, but given Farruggia’s history with drug use, the court would not immediately put her back into the community to do so.
“I am not prepared to give her the automatic out on PR if she’s accepted,” Spath said. “I am willing to give her the opportunity for her to pursue going into the program.”
Farruggia and Frenette both expressed a desire to get clean from drugs during their arraignment earlier this month.
“I have a drug problem, and I’m not going to sit here and say I want to get out so that I can go see my children,” Farruggia told the judge during her arraignment. “I don’t want to see my children because I’m ashamed of myself and I know I’m not a good mother right now.”
Farruggia continued, saying she needed to do something to fix her life and hoped to get into treatment soon.
“Yes, I’ve made a lot of mistakes, but it’s all back to the fact that drugs have run my life for a long time,” she said. “I need help. I need treatment.”
Frenette was more blunt at the arraignment, criticizing law enforcement for putting her in jail.
“This is something that happened in September and since then I have been living my life in a forward motion, according to my parole officer,” Frenette told a judge during the arraignment. “By putting me in jail right now, you are stopping that forward motion and destroying my life.”
(Ella Nilsen can be reached at 369-3322, enilsen@cmonitor.com or on Twitter @ella_nilsen.)