DETROIT (WWJ/AP) – A judge has once again dismissed charges against a mother accused of firing a shot when police tried to remove her physically-impaired daughter from their Detroit home.
The decision was made Friday by 36th District Court Judge Ronald Giles in the case against Maryanne Godboldo, who was arrested in March 2011 on discharging a weapon, felonious assault and other charges. It was the second time the judge dismissed the charges.
Spokesperson Maria Miller said the Wayne County Prosecutor’s Office is planning to file an appeal.
“We appealed Judge Giles’s ruling dismissing the case before and prevailed, as a result and the case was remanded for the judge to rule today. We disagree with the judge once again dismissing the case and we will be appealing the ruling to the Wayne County Circuit Court,” said Maria Miller.
The charges were previously dismissed in August 2011 by Giles, whose decision was upheld by the circuit court. The state appeals court ordered the charges reinstated in May 2013 after prosecutors appealed.
Godboldo has said police came to her home because she took her then-13-year-old daughter off Risperdal, an anti-psychotic drug used to contain aggression and treat autism. State officials maintained the girl was at-risk without proper medication. Police surrounded the house and arrested Godboldo about 12 hours later.
Godboldo claimed that police did not produce a warrant when they came to remove her daughter.
The Godboldo case has received national attention as supporters rallied behind her, saying they were focused on protecting parental rights. Supporters argued Child Protective Services overstepped their boundaries by trying to force their view on the family as to what kind of medication the girl should be given.
TM and © Copyright 2014 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2014 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.