TAOS, NM (AP) – A judge dismissed child abuse allegations on Wednesday against three out of five people arrested in a New Mexico desert plant where eleven children lived in filth and the body of a three-year-old boy was discovered
Judge Emilio Chavez ruled that he could not keep the three in custody because the prosecutors missed a 10-day time limit for a trial to determine a possible reason for the negligence claims.
Prosecutors have other ways to sue the indictment three – Lucas Morton, Subhannah Wahhaj and Hujrah Wahhaj. This could be to re-list the charges or to convict a grand jury.
The prosecution had pressured to keep them behind bars and to present new evidence of an anti-government conspiracy and to talk about jihad and martyrdom. A Muslim family who settled on the site last winter.
Defense attorneys say their clients have no records of criminal convictions and pose no risk to the public.
The authorities are advancing further charges against the dead boy's father Siraj Ibn Wahhaj and his partner Jany Leveille
were sentenced to death on Wednesday for child abuse, which could result in life imprisonment in connection with the death of Abdul-ghani Wahhaj. The severely decomposed remnants of the severely handicapped boy were found this month in a tunnel in desert-like terrain near the Colorado border.
Prosecutors and police have charged Siraj Ibn Wahhaj and Leveille with denying the boy adequate medicine and health care when the boy died in December 201
The boy's mother originally reported that he was missing from Jonesboro, Georgia, last year after Siraj Ibn Wahhaj said he would bring the child to a park and did not return. Forensic medical investigators have not identified the cause and nature of the boy's death as they continue their analysis.
Chavez ruled that the other three defendants could be released on Wednesday, depending on the actions of the prosecutors. Prosecutor John Lovelace said he respected the judge's decision and that no decisions had yet been made as to how the district attorney's office would proceed.
Defenders stated that the Supreme Court set the rules for hearing evidence as a fundamental protection of individual freedom and the right to a fair trial
"We are talking about a month in which someone was imprisoned, it is an absolute imprisonment and that is very valuable, "said Aleks Kostich, representing Morton  The prosecutors had planned to present a handwritten document entitled" Phases of a Terrorist Attack "stolen from the site and vague instructions for the contains "unparalleled terrorists" and mentioned an unnamed place called "the ideal attack site".
Prosecutors wrote in court documents that new interviews with some children who were removed from the compound revealed that one of the adults, Morton, stated that he wanted to die in jihad as a martyr and Leveille and Subhannah Wahhaj joke about that Dying in Jihad.
The New Child Seekings Leading Death to Siraj Ibn Wahhaj and Leveille Are Related to a Comprehensive Report on Abdul-ghani's Death in a Journal (19659002) The state immigration service says that Leville, a native of Haiti, has been unlawfully in the United States for 20 years after passing a visitor's visa.