By Diane Bukowski
DETROIT, June 28 — Wayne County Circuit Court Judge Edward Ewell on June 17 overturned a decision by 36th District Court Judge Paula Humphries that stayed criminal charges against Maryanne Godboldo. In a case that gained broad nationwide and community support for the mother, Godboldo stood off Detroit police helicopters, armored vehicles and a Special Response Team in assault gear, to protect her daughter Ariana, 13, from what her attorneys say was an illegal seizure by Child Protective Services last March.
Her child has since been returned to her aunt’s custody, with overnight visiting privilges for her parents, after a six-week captivity in a mental institution. Her juvenile court attorney Wanda Evans said “Ariana is doing fine now.” She is under the care of Dr. Margaret Betts, a renowned Detroit M.D. and allopath, who with the medical director of the psychiatric hospital where she had been incarcerated, agreed on a plan of treatment and called for her immediate release.
Wayne County Prosecutor Kym Worthy boasted in a release by Asst. PA Maria Miller, “On April 4, 2011, Judge Paula Humphries granted a stay of the preliminary examination and adjourded the case against Godboldo until the Michigan Supreme Court rendered a decision in People v. Moreno. The court reasoned that the decision could affect the law to be applied in her case. On April 25, 2011 the Wayne County Prosecutor’s Office (WCPO) filed a leave to appeal with the Third Circuit Court Criminal Division. WCPO argued that the lower court abused it’s discretion in granting the stay because Moreno involved a warrantless search and Godboldo’s case involved the execution of a court order to remove her daughter from Godbold’s home.
In an order dated June 16, 2011, Judge Edward Ewell vacated the stay because the Moreno case raised different issues that the Godboldo case. Accordingly, the case was remanded back to 36th District Court for preliminary examination. A new date has not been set by the court. The opinion is attached for review.” (Click on: 2011,_June_17_-godboldo_opinion to read opinion.)
Judge Ewell’s chief contention is that in the Moreno case, there was no warrant issued to enter the premises, while in Godboldo’s case, a court order was issued. However, Godboldo’s attorneys have disputed whether a “court order” is equivalent to a “warrant” to enter the premises, and have said that the court order issued in the Goldboldo case was “flawed.”
Additionally, the Justice4Maryanne Committee has announced that the trial in the permanent custody hearing in Juvenile Court will begin Aug. 1. However, Evans said she has filed a motion to hold an evidentiary hearing and dismiss the case, which will be heard on July 29.
In an email June 28, the Justice4Maryanne Committee announced:
Thursday, July 7th, 2011 – Trial begins for Maryanne’s criminal case. Frank Murphy Hall of Justice: 1441 Saint Antoine Street Detroit, MI 48226 (time: tbd). VOD ed: a request is in to Ms. Godboldo’s criminal defense attorney Allison Folmar-Givens for further information on whether the trial will proceed or whether additional actions have been filed to contest Ewell’s decision. For recent daily media coverage, go to Doug Guthrie’s article in The Detroit News, June 20, 2011, at http://detnews.com/article/20110620/METRO/106200390/Criminal-charges-to-proceed-against-Detroit-mom-in-standoff-with-cops
Sunday, July 17th, 2011 – Speakout Rally! Little Rock Baptist Church Resource Center. 8801 Woodward ave @ Gladstone. 4-6pm
Monday, August 1st, 2011 – Trial begins for Custody hearing. More details as they become available. (VOD: hearing on motion to dismiss the case July 29, per attorney Wanda Evans. Further information will be forthcoming. Godboldo, her family and attorney do not feel there is a need for a trial, since Ariana is fine now that she is home among her loved ones and not in a psychiatric hospital.)
Click on http://voiceofdetroit.net/?p=7079, http://voiceofdetroit.net/?p=6810, http://voiceofdetroit.net/?p=6408, http://voiceofdetroit.net/?p=6234, and http://voiceofdetroit.net/?p=6209 for earlier VOD stories on Godboldo case.