Nursing home abuse victim Alexis Johnson says she is going to keep fighting for justice despite her injuries and the fact she is homeless.
Johnson was assaulted in her home by her estranged husband, and has been unable to work since.
Johnsons son, who has not been publicly identified, was left blind and deaf after a violent beating at his parents home.
Her lawyer, John Kessels, said he plans to appeal to the Supreme Court to have the case thrown out.
The decision to overturn the conviction is critical to the fight to make sure nursing homes can be safer for survivors of abuse.
“I don’t want to just be a victim of a nursing home abuse, I want to be a survivor of a prison abuse,” Johnsons lawyer, Alex Kessel, told the Guardian.
Kessels said he believes that Johnsson should have been charged with assault as a hate crime and will file a motion in the Supreme Judicial Court next week to have that charge thrown out on grounds that it was “plainly unreasonable.”
Kessel said Johnsus son was left with permanent hearing loss, and his disability was severe.
“He needs the support that he has now, and he needs to be able to continue to live life to the fullest, to have access to all the support services that he needs,” Kessel said.
Johnssons husband, who is in prison, told The New York Times he “took his time” and “was very careful” with the beating and that Johnson should never have been in the home at all.
“She knew she was going to be charged with child abuse and the police were going to come and take her away,” he said.
“It’s just sad.”
The case was heard in court on Tuesday, where the judge threw out all charges.
The New York Daily News reported that the judge said he was surprised that it took more than six months to reach a verdict.
Johnston, who now lives in a halfway house, has already applied for legal help with her case.