YOUNGSTOWN Grandma sentenced for drug convictions

The woman said she became addicted to painkillers after surgeries.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
YOUNGSTOWN -- The grandmother of a 15-month-old boy who died after swallowing her OxyContin pills has been sentenced to probation on minor drug convictions and awaits trial on a charge of involuntary manslaughter.
Mary Ann Barnett, 45, of Julian Street, appeared in municipal court Wednesday for sentencing. She pleaded guilty Oct. 21 to drug abuse (Darvocet) and drug abuse (Tylenol No. 3).
Another drug charge was dismissed in a plea agreement between Barnett's lawyer, Anthony P. Meranto, and Dana C. Guarnieri, assistant prosecutor.
Meranto told the judge that his client's life has changed dramatically since the death of her grandson. He said she has sought help for her drug problem.
Barnett said she has completed an outpatient drug program and attends meetings two to three times each week. She said she became addicted to prescription painkillers after surgeries but now sees a chiropractor.
Judge Elizabeth A. Kobly told Barnett that no one can forget the circumstances that led to the charges. The judge noted, however, that "the common pleas court will deal with you."
What's to come
Barnett is set for trial Jan. 8 in Mahoning County Common Pleas Court on two counts of drug possession (OxyContin) and involuntary manslaughter in the death of her grandson, Justin W. Hoschar, who died Dec. 10, 2001. He had been taken to Forum Health Tod Children's Hospital three days before in a coma.
For sentencing, Judge Kobly had to focus on the minor drug charges, not the case pending in January. Still, she said she would have felt remiss in not mentioning that a child died.
Judge Kobly sentenced Barnett to 60 days in jail on each drug abuse charge and suspended it all. Barnett was also fined $200, placed on two years' probation with random drug screenings, and ordered to do 200 hours' community service.
The judge said she hopes the probation department will require that the community service be of the type that deals with children and drugs.
Loose pills were found at Barnett's home and she was high on drugs and unaware of her surroundings the day Justin was admitted to the hospital, police said.
The Trumbull County coroner's office ruled the death accidental. The 15-month-old boy probably ingested between nine and 13 of the 20-milligram pills while unsupervised by a caregiver who was likely intoxicated, Humphrey D. Germaniuk, a forensic pathologist, wrote in the autopsy report.
OxyContin is a powerful painkiller dispensed by prescription. Barnett told police she takes it for pain but bought it off the street, not with a prescription.
A year ago, Barnett said in court that Justin and his 21/2-year-old sister had been living with her because their parents were unable to care for them. Barnett's daughter is the children's mother.
Barnett no longer cares for her granddaughter.
Meranto said the parents "came out of the woodwork" after Justin died. He said his client doted on the children but was negligent because drugs were in the house.
The defense attorney said a plea agreement may be worked out at common pleas court and his client would plead to felony child endangering.
meade@vindy.com