Vickie Kelly: Fight for Justice Not Over

By Erika Mahoney

November 8, 2012 Updated Nov 8, 2012 at 10:57 AM EDT

Town of Binghamton, NY (WBNG Binghamton) When mother Vickie Kelly found out Binghamton City Court dismissed a charge against a former UHS employee accused of taking and sharing a picture of her daughter, she said her fight for justice is far from over.

The decision is the latest development in a case that has been going on since 2009.

At the center of it, Katelyn Baker, a former nurse aide who allegedly took a lewd picture of a patient with Huntington's Disease and shared it with a co-worker.

When the hospital discovered the picture, Baker and the co-worker were fired.

Baker was later charged with felony unlawful surveillance.

Now that the charge has been dismissed, Kelly said she feels let down by the legal system.

"I'm frustrated," said Kelly. "But with my last dying breath, I am going to get her some kind of justice. That is a mother's promise."

Kelly said she will be writing a letter to Governor Andrew Cuomo in an effort to re-open the case.

Action News reached out to UHS on their reaction to the court decision.

A spokesperson said they stand by their previous statement issued in May 2011:

"The incident that occurred two years ago was abhorrent. It violated our policies, our values and our culture of respect. As soon as we became aware of it, we conducted an inquiry and promptly fired the two employees involved. We have zero tolerance for the type of behavior that took place."