CFA Update: Charges Dropped Against Brian Marshall

The former owner of a million dollar home--which was turned into a meth house--will not face a criminal trial.

A fourth judicial district court judge reserved his earlier decision and dropped charges against Brian Marshall.

The attorney for Brian Marshall had harsh words for Brian's ex-wife, Monica Marshall.

Attorney Patrick Mika says, "A very vindictive ex-wife did everything she could to make him look as though he was a kind of co-conspirator or somewhat involved in this."

But Monica later countered saying, "How can the father not have known that meth was part of the drugs that Martin was using?"

Attorney Mika believes the two charges of making methamphetamine and possessing the materials to make meth... would never have been leveled against Brian if Monica hadn't emailed photos of items found in son, Martin's room to police.

Mika adds, "To punish him and put him through what he went through, to be living in a cheap motel, lose his job... his financial security. It's pure speculation to believe that Brian knew anything about what was going on."

But Monica says, "Martin was arrested in January of 2010 and he was found with a meth pipe, with meth residue in the car."

Fourth Judicial District Judge David Gilbert ruled earlier in a preliminary hearing that there was enough evidence for Marshall to be tried on drug charges.

But Tuesday the judge reversed himself, saying the photos don't prove Brian was involved in his son's alleged drug activities.

The judge questioned the existence of a 90-page report. The preliminary assessment of 2350 Orchard Valley Road by an industrial hygienist was never introduced into evidence. The hygienist found widespread meth contamination in the home owned by Brian Marshall.

Monica tells me she personally hand delivered a copy of the report to the judge's office this week But in his ruling, the judge explained he couldn't consider it as evidence, because the prosecution never entered it into evidence at the preliminary hearing.

I called the prosecutor's office and asked why and whether charges would be re-filed. I was told only if new evidence came to light would charges be re-filed.

Another interesting argument in the case was one brought up by attorney Mika. He says if the charges had been allowed to move forward, any prosecutor could charge a parent for the alleged illegal activities of his kid.

The son, Martin Marshall is still facing criminal charges for allegedly making meth in the house. A civil lawsuit is pending from the family who bought the home, not knowing it was contaminated with methamphetamine. We'll continue to keep you updated on the case.


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Comments are posted from viewers like you and do not always reflect the views of this station.
  • by To "Sean" on Mar 8, 2011 at 03:27 PM
    LOL. Did you really just put "Hitler" and "God" in the same conversation? Hahaha..just wow. The amount of ignorance is just too great to ignore.
  • by sean Location: italy on Feb 13, 2011 at 12:19 AM
    how is it that monica is such a methamphetamine expert?
  • by sean Location: italy on Feb 12, 2011 at 09:42 AM
    how it is easy to throw a man's life out of the window... an angry wife with funny pictures. How is it that a wife is unsatisfied with such a finding, a criminal finding? Do people of that like thing they're above the district atourney? I seem to remember that under the third rich all a hitler youth needed to do was to tell the police of what he thought was unproper behaviour..... I'm afraid this is not the end... I'd ask people to pray God, asking Him to assist not only Brian and his kids, but Monica. That an insight might be kindled that justice not necessarily comes through harm!
  • by Queens NY Location: colorado springs on Feb 11, 2011 at 05:06 PM
    I cannot believe that someone can post that money talks. How in the world do you that he was guilty? We as parents cannot always control what our children do even if it under our own roof. Watch what you say as someday you just might be in his situation. Shame on you! Pat you did an outstanding job like always, you are the best defense attorney Colorado has Job well done. I only hope and pray Brian can get his life back on track!
  • by Neighbor Location: Peregrine on Feb 10, 2011 at 01:12 PM
    Brian Marshall is a very nice man..and I think...he's an idiot. Having been an neighbor for about 10 years, I've witnessed the antics at the Marshall home, from Monica shaving her legs and arm pits on the back porch, to one of the daughter's boyfriend/stalker who sent several of her other male friends to the hospital because they wanted to take her on a date. I had a conversation with Brian about Martin when he was still in middle school. "Brian, you'd better control your kid, or he'll end up in prison someday." The problem with Brian is he wasn't man enough to stand up to his kids...so now...here he is...in a world of hurt. His attitude was, "The children should be raised by the village." It looks now like the State will be housing his kid for awhile. Brian...you're a nice guy...too nice. Stand up to your kids!
  • by What? Location: CS on Feb 9, 2011 at 12:21 PM
    Brian Marshall is a very nice man..and I think his kid just ruined his life. Having met both of them..I honestly think that even if Brian had tried to stop the meth production, he probably feared for his life..his kid is totally out of it and whacko. Brian is just in a bad situation...but Martin needs to be put away for sure.
  • by mary Location: colorado springs on Feb 9, 2011 at 09:23 AM
    i can hardly believe what i am reading, it just proves right money talks.
  • by EAT IT Location: COS on Feb 9, 2011 at 08:41 AM
    to all the idiots who think accusations = guilt, the truth set him free
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