Superior Court Judge Dennis Pearson has ruled that Pamela Raymond, 56, does not need to be hospitalized and can return home and be treated in the community.
Raymond, a former nurse who lost her nursing license for diverting drugs in 1996, pleaded not guilty to second-degree murder in the 2010 death of her 4-month-old grandson. Police say Raymond gave the child an antidepressant to keep him quiet so he would not bother Raymond's husband in September 2010.
The state may file the charge again if it deems Raymond competent to stand trial, Deputy Lamoille County State's Attorney Christopher Moll said.
"It's the state's position that she was not suffering from a mental illness," Moll said.
Raymond called police when she realized the baby wasn't breathing but didn't tell rescue personnel about the medication, police said in court papers. She first told police that her husband had given the infant the medication but later said she gave the drug to the baby three times, said Morristown police Detective Cpl. Ryan Bjerke.
The Department of Mental Health is expected to determine what conditions should be imposed on her, Moll said.
"We are waiting to see what the Department of Mental Health says," said Bjerke. "It's frustrating."
Raymond could not be reached for comment.