The eleven child abuse charges against Hujrah Wahhaj, Subhannah Wahhaj and Lucas Morten were rejected because a judge ruled that they did not have a preliminary hearing in the 10-day time frame, according to the New Mexico state law on defendants in detention a state state official to CNN.
They were released from the Taos County Detention Center on Wednesday after reports by CNN affiliates. CNN has not yet confirmed its release to law enforcement and trio lawyers.
Each child is deliberately mistreated, resulting in death and conspiracy to commit premeditated misuse of a fatal child (child under 1
McElroy said the case was "a situation where the court is caught between very public, very shocking information and a total failure to follow proper procedures in the prosecution of the case."
The judge added, "I do not know if they are overloaded or not. I have neither the district attorney here nor the deputy prosecutor, but it is disturbing for me that the prosecutor would bring that court into such a situation."
CNN asked the 8th Judge Donald Gallegos for a comment, but received no response.
The child's remains were found at a flimsy New Mexico liaison where authorities say they found adults starving in the dirt with 11 starving children [19659002ThepoliceraidedthesiteonAugust3hopingtofindAbdul-GhaniHismotherinGeorgiasaidtheboyhadbeenmissingformorethaneightmonthsDayslatertheresearchersfoundhisremains
The boy was last seen leaving his Jonesboro, Georgia, with his father Siraj Wahhaj in late November. His mother said he could not walk, had seizures and needed constant medical attention.
CNN's Steve Almasy, Monique Smith and Ray Sanchez contributed to this story.