A Rockport attorney who represented a 31-year-old Vinalhaven woman who was arrested for two counts of elevated aggravated assault on Super Bowl Sunday last year said the dismissal of the charges was the right thing for the prosecution to do.

The criminal charges against Maria Witham were dismissed in June after the man she was accused of stabbing failed to appear before a grand jury that was looking at the case.

Witham was arrested the night of Feb. 1, 2009, on Vinalhaven. At the time, police charged her with stabbing her ex-husband and cutting her 8-year-old son.

Witham maintained, however, that she cut her son accidentally because she did not realize he was next to her while she was defending herself against her ex-husband.

Witham was released on bail the following day.

Her ex-husband was treated and released at the hospital. Neither he nor Witham’s son was seriously injured.

Witham told police that she asked her ex-husband, who had been staying with her off and on, to leave her home, but he would not go. She attempted to call for help, but the ex-husband unplugged the phone and wouldn’t let her use it. Witham said he then pushed her to the floor and she kept trying to leave the house, but he wouldn’t let her. He then told her he was going to beat her up and that’s when she grabbed a steak knife, according to court documents.

When he got in her face, she stabbed him in the upper left arm, according to court documents. She told police that she did not know her son was so close and that she meant to cut the ex-husband, but did not mean to cut her child, the court documents said.

The ex-husband claimed she had come home shortly after the Super Bowl had ended and she had been drinking and wanted to take their child and drive away and he attempted to stop her.

Attorney Robert Rubin said recently that there was a rush to judgment that night and Witham should not have been arrested for trying to defend herself. But he added that the system worked in this case with the criminal charges being dropped.

Rubin said the Maine Department of Health and Human Services later sent Witham a letter saying it was looking into the matter. He said she is contesting that her son is in jeopardy.

“She has never once deviated from her story,” Rubin said.