She was trying to bring marijuana to her jailed fiance.
MOUNDSVILLE, W.Va. (AP) -- A woman caught smuggling marijuana to her jailed fiance in their baby's diaper pleaded guilty to a misdemeanor possession charge Friday and asked the court to sentence her to a year of probation.
Mallory Renee McGrail, 20, of Jewett, Ohio, was initially charged with felony delivery of a controlled substance to a correctional facility. She agreed to the plea bargain in Marshall County Magistrate Court.
Magistrate David Buzzard ordered McGrail to serve a year at the Northern Regional Jail but suspended her sentence until the circuit court acts on her request for probation. McGrail was later freed on bond, a court official said.
Trooper R.M. Hogan said State Police disagreed with the prosecutor's decision to downgrade the charge but he declined to elaborate. The assistant prosecutor who handled the case did not immediately respond to telephone calls.
Assistant Prosecutor Randy Gossett said he believed the misdemeanor charge was appropriate because of Mallory's age and the fact that she had no previous criminal record.
"To have a felony on your record at that age, to me it's not a good thing," Gossett said. "We don't take these things lightly."
Hogan said a corrections officer ordered McGrail to remove the 5-month-old baby's diaper when she came to visit Jason Michael Wren, 29, of Scio, Ohio, at the jail on June 18.
McGrail was caught when she tried to hide something under the baby's bottom. The child's gender was not immediately available Friday.
Wren faces a preliminary hearing July 11 on a felony charge of conspiring to bring a controlled substance into a correctional facility. He could get an additional one to five years behind bars and a fine of as much as $10,000 if convicted.
Wren has been jailed since November, when he was convicted of first-degree robbery in Ohio County.
Hogan said he contacted state Child Protective Services workers after McGrail's arrest, and the baby was turned over to a relative of Wren. It was unclear Friday whether the baby would be returned to her.