DETROIT (WXYZ) - On Friday, a Third Circuit Court judge upheld a lower court's decision to dismiss the criminal charges against a mom accused of firing a shot at Detroit Police during standoff that was triggered by her refusal to give her daughter an anti-psychotic drug that she believed was doing more harm than good.
It's the latest in a court battle that has lasted nearly three years, and has included a judge's decision to twice dismiss the charges against Maryanne Godboldo that included Assault with a Dangerous Weapon and Police Officer - Assaulting/resisting/obstructing.
Detroit Police were assisting a Child Protective Services worker in 2011 when they went to Godboldo's home to remove the teenage girl.
Much of the problems with the state's case rest upon a removal order that was rubber-stamped and never actually reviewed by a judge before removing the girl.
CPS workers believed her child needed psychotropic medication and say Godboldo refused to give it to her. But the mom says the drug was hurting her daughter and that she was doing what doctors said she could do by weaning the girl from the medication.
The felony charges against Godboldo have been dismissed twice by a district court judge, and Friday the Wayne County Prosecutor's office lost their attempt to have the charges reinstated once again.
A spokesperson for the Wayne County Prosecutor's Office release the following statement after Judge Gregory Bill upheld the decision by a district court judge that dismissed the charges.
"We don't agree with the court's ruling today affirming the dismissal of the case. We will take the case to the Michigan Court of Appeals."
Godboldo has also filed a lawsuit against Wayne County arguing that police violated her rights by trying to take away her daughter without a valid court order.