Charges dismissed against Detroit mom who fought removal of daughter by Child Protective Services

DETROIT (WXYZ) - There was loud applause from supporters of Maryanne Godboldo when 36th District Court Judge Ronald Giles dismissed the criminal charges against her Friday afternoon.

This is the second time Judge Giles has dismissed the case against Godboldo.

And Wayne County prosecutors say they will appeal, again.

The criminal case against Godboldo began in 2011 after a standoff with Detroit Police.

Godboldo allegedly fired a shot into her ceiling.

Detroit Police were assisting a Child Protective Services (CPS) worker who was trying to remove Godboldo's daughter because Godboldo has stopped giving her Risperdal, an antipsychotic drug.

Allison Folmar, one of Godboldo's attorneys, said the Detroit mother tried the medication to see if it would help, but stopped when her daughter became "horribly ill.. aggressive and violent."

In 2011, Judge Giles dismissed the charges against Godboldo for the first time, calling the court order that was used by CPS to try to gain entry into the home invalid.

A judge had not actually reviewed and signed the order. A rubber stamp of the judge's signature had been used.

Wayne County prosecutors appealed, and the charges against Godboldo were eventually reinstated, but the appeals judges suggested that an argument for self-defense could be used by Godboldo's attorneys.

On Friday, Judge Giles considered the gunshot Godboldo allegedly fired to be a "warning shot" and said it was not aimed at police officers.

Judge Giles went on to say that Godboldo had the right to use reasonable force to defend her home against an unlawful entry.

"This court finds that the defendant, in fact, did use reasonable force.. to prevent an illegal attachment," said Judge Giles. "The Detroit Police did not have the authority to remove a child at that time.. based on the invalid court order that was being used and presented."

And with that, all of the charges against Godboldo, that included Assault With a Dangerous Weapon, were dropped.

Outside the courthouse, flanked by her attorneys and supporters, Godboldo said she wasn't worried about the outcome today.

"Judge Giles is a just judge," said Godboldo who also thanked her many supporters across the country.

"We are extremely pleased that justice has been done," said Byron Pitts, one of Godboldo's attorneys. "The police came into this house without legal authority.. to kidnap a child."

"And we ask that the Wayne County Prosecutor's Office leave this mother alone," said Pitts.

Late Friday afternoon, it seemed clear this case was far from over.

“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 of the Wayne County Prosecutor's Office.
 




    
 

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