A Washington father who allegedly gave his two children and ex-wife methamphetamine-laced cookies won't have child mistreatment charges brought against him unless more evidence can be found, the King County Prosecutor's Office told ABC News today.
"We are not able to charge him with a crime for the meth in the frosting of the cookies because we cannot prove chain of custody of the meth in the cookies, who made the cookies and who, when, or where or how the meth got there," a King County prosecutor said.
The prosecutor's office did charge Chad M. Holm with perjury for falsifying a drug test.
In charge papers filed with the county on April 19, a detective reported the ex-wife of Chad M. Holm told police she and Holm had done methamphetamine regularly in their 10 years of marriage. Since their marriage ended, his wife has been submitting to voluntary drug tests twice a week and was "clean" from drugs for more than a year after having her children removed from her home and placed in the care of Holm.
When the mother of Holm's two children picked them up at a court-appointed visit, one of the children, age 7, brought cookies with frosting wrapped in tin foil that he said he had made for her. Her and her other child, age 5, tasted one of the cookies, but was unable to eat it because it "tasted terrible."
The next day, Holm's ex-wife tested positive for methamphetamine and her 5-year-old child tested positive for the same drug. Later, both children tested positive for methamphetamine.
The tin foil that contained the cookies and the icing was submitted for testing and lab tests showed the pink icing tested positive for methamphetamine.
Holm's ex-wife told police the meth-laced cookies were an "effort to discredit her for an upcoming parenting plan hearing."
Holm's current wife, Monique Garcia, admitted to making cookies with the kids that day to police, but denied that her husband or she was using drugs.
Holm denied using drugs or putting them in cookies and told police his ex-wife was using the situation to cover for her own drug relapse.
ABC News' attempts to reach Holm were unsuccessful.
Though prosecutors can't charge Holm or Garcia for endangerment with a controlled substance or child mistreatment for the meth-laced cookies, as of now, Holm was charged with perjury for falsifying a drug report. He had passed a urine drug test, but was asked for a fingernail sample during questioning over the cookies and failed the drug test. The lab said the test submitted to the court had been altered to show no drugs in Holm's system, when, in fact, he had tested positive for methamphetamine.
Holm's court date is set for May 2.