DETROIT - A judge decided to dismiss the case against a Detroit mother accused of firing a shot when police tried to remove her physically-impaired daughter from her home.
The hearing Friday in 36th District Court determined the case against Maryanne Godboldo will not go forward.
"This court finds that the defendant in fact did use reasonable force in this case -- did not use deadly force ... to prevent an illegal attachment, to prevent the removal of her child by the Detroit police," said Judge Richard Skutt. "This court feels (Detroit police) did not, one, have the authority to remove the child at that time."
Godboldo was arrested in March 2011 on discharging a weapon, assault and other charges. The charges were dismissed by a district judge whose decision was upheld in county circuit court.
The court order allowing police to enter Godboldo's home wasn't signed by a judge, but rubber stamped -- a big no-no, which means that everything that happened after that shouldn't be admissible in court.
Godboldo has said police came to her home because she took her then 13-year-old daughter, Ariana, off an anti-psychotic drug used to contain aggression and treat autism. State officials maintained Ariana was at-risk without proper medication.
Police surrounded the house and arrested Godboldo about 12 hours later.
Child protective services maintained Ariana needed the drug and made the move to take Ariana away from her mother.
The state succeeded in the short term but not the long term, and now the case goes back to square one Friday morning.
"I can't imagine this case really going forward," said attorney Todd Flood. "It's tragic and the fact that the mother in this case fires a gun, what would you do if your child was being taken from you?"
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