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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