A Lackawanna County judge dismissed criminal charges filed last year against a mother and father who police accused of neglecting their baby's health. Judge Andy Jarbola ruled Friday that county prosecutors did not make the case Brittany May, of Eynon, and Leonard Ash, of Pittston, failed to provide food and medical care for their child. Their attorneys sought dismissal of the case at a pre-trial hearing in January. Jarbola wrote he reviewed testimony from that hearing and from a July preliminary hearing and concluded the district attorney's did not meet its burden of proof. The decision came nearly one year after Archbald police filed charges because they said the couple's then four-month-old was severely malnourished. Jarbola dismissed the charges with prejudice, meaning that the case cannot be brought back to court.