BREVARD COUNTY, Fla. — A judge granted a judgement of acquittal in the case of a Palm Bay father accused of child neglect for videotaping his daughter smoking synthetic marijuana from a pipe.
WFTV learned that synthetic marijuana is sold as diesel potpourri.
The video was discovered in January after police showed up at Scott Crawley's house on a domestic violence call.
Crawley posted the video of his 7-year-old daughter with autism smoking on Facebook. Prosecutors said the substance inside the pipe was diesel potpourri and labeled "not intended for human consumption."
"That can be potentially dangerous for a child, but it's also neglectful because it's not providing the proper care and supervision a child needs," said Assistant State Attorney Julia Lynch.
Senior Judge O.H. Eaton Jr. granted a judgement of acquittal on the child neglect charge before the case could go to the jury, saying there wasn't sufficient evidence.
"No one testified that that material was ever, A: ingested or B: harmed the child," said defense attorney Stephen Mays.
The prosecutor equated it to providing alcohol to a minor, but the judge asked if prosecutors were going to file charges against parents who gave their children sips of beer.
Crawley, who advocates medical use of marijuana, said he gave his daughter the substance because he didn't like the affects of prescription drugs and he believed the potpourri helped alleviate her autism.
Crawley is also accused of interfering with the custody of his children, after the Department of Children and Families placed them with his parents.
A second trial related to those charges is underway.
WFTV
