July 11, 2014 at 11:29 pm

Judge upholds dismissal of charges for Detroit mom in standoff over child's medication

Maryanne Godboldo, left, in court on Friday where a judge refused to uphold criminal charges brought against her for engaging in a lengthy standoff with police officers looking to remove her 13-year-old special-needs daughter from her care. (David Coates / The Detroit News)

Detroit— For the third time, a court has refused to uphold criminal charges brought against a local mother who engaged in a lengthy standoff with police officers looking to remove her 13-year-old special-needs daughter from her care.

Wayne County Circuit Judge Gregory Bill on Friday upheld the ruling of 36th District Judge Ronald Giles in March, who dismissed criminal charges against Maryanne Godboldo. It is the second time in a year that Bill refused to reinstate criminal charges against Godboldo.

But the Wayne County Prosecutor’s Office plans to appeal the ruling.

“We don't agree with the court's decision to affirm the dismissal of the case, so we will take our case to the Michigan Court of Appeals,” said Wayne County Prosecutor’s Office spokeswoman Maria Miller.

Godboldo’s case has become a national symbol of a parent’s right not to medicate a child.

Godboldo had been charged with firing a weapon as police with a court order, requested by social workers, tried to enter her west side Detroit home in April 2011 to take the child into custody because Godboldo refused to give her Risperdal, a controversial anti-psychotic prescription drug.

Godboldo was charged with illegally resisting and assaulting police for allegedly firing a weapon at them during the 10-hour standoff.

Giles had ruled in March that Godboldo did not use deadly force when she fired into the ceiling when police tried to enter the house. He said state law allows deadly force when an individual feels they are facing death.

“I am glad it is over,” said Godboldo following the hearing

But Assistant Prosecutor David McCreedy argued Godboldo could have tried other measures such as going to court.

“We don’t work things out with guns,” said McCreedy on Friday. “This is where those things get resolved, not taking out a gun and shooting at officers.”

Pitts said Godboldo didn’t want her daughter taking the medication because it made the child aggressive and angry. He said the mother also fears that the medication is deadly.