Legal Question in Criminal Law in North Carolina

As I understand your question, you were charged and found guilty of assaulting your niece who is handicapped. You then appealed. Your niece later died and you want to know if the state can still proceed. If that is correct, then the answer is - of course they can still proceed. It appears they have an independent witness who claims they saw you assault your niece. A lot of your question just makes no sense at all, for example: " i believe the state is prosecuting me not my niece" - well, yeah - why would they prosecute the victim? And, "nor did my niece agree to the charged by saying no it didn't happen" - if she agreed with the charge she would have said it did happen. Finally, you state "there is no physical or picture evidence what so ever" yet according to you, the state has a recording of you and an eye witness who was a former aid to your niece. The state has certainly successfully prosecuted people with less evidence than that.