Judge drops all charges against New Mexico compound suspects
3 ‘extremist Muslim’ New Mexico compound of suspects released. Jeff Paul has the story.
The children have been saved from the “extremist Muslim” compound in New Mexico, will remain in foster care, although three of the parents arrested in the case had the charges of child neglect dismissed on Wednesday.
Luke Morton, Subhannah Wahhaj and Hujrah Wahhaj were released Wednesday after prosecutors missed case deadline and a judge dismissed all of the allegations against them.
District court judge Emilio Chavez on Wednesday ruled that the authorities violated the state’s “10-day rule” that the boundaries of the days for a request to establish probable cause.
NEW MEXICO DA VOWS TO ‘PRACTICE PERSECUTION’ IN THE MUSLIM COMPOUND CASE, IN SPITE OF DECREASED COSTS
However, despite the three suspects are released, and their five children will remain in foster care, while the health and trauma assessments are carried out, a spokesman for the State Children, Youth and Families Department said Thursday.
It was unclear whether the released parents have access rights.
The court dismissed the child abuse against Siraj Ibn Wahhaj and Jany Leveille, however, the costs incurred in connection with the death of a missing 3-year-old boy, whose remains were discovered in the compound remained. The couple pleaded not guilty Wednesday.
Their six children also remain in foster care.
After the charges were dismissed Wednesday, state politicians expressed alarm. Accusations of anti-government plotting, the jihad and the martyrdom in the compound filled with guns drawn in a part of the FBI interviews with children — has done little to convince the judges of an immediate threat to public safety.
USA. Rep. Michelle Lujan Grisham, Democratic candidate for governor, called the dismissal of neglect charges, “not to apologize” and said they were “shocked at the failure to make these defendants accountable.” Republican governor hopeful Steve Pearce called for the resignation of the local prosecutor, who is a Democrat.
Taos-based District Attorney Donald Gallegos said Thursday that he plans to refile charges against the three or take the case of a grand jury.
Fox News’ Matt Richardson and the Associated Press contributed to this report.
Lucia I. Suarez Sang a Reporter for FoxNews.com. Follow her on Twitter @luciasuarezsang