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District Judge Emilio Chavez on Wednesday dismissed all of the charges against three of the five defendants arrested in connection to a New Mexico compound linked to “extremist Muslims” because authorities violated the state’s “10-day rule.”
The child abuse charges against Lucas Morton, Subhannah Wahhaj and Hujrah Wahhaj were dropped because prosecutors missed the 10-day limit for an evidentiary hearing to establish probable cause.
The article goes on to state the following:
The charges against fellow defendants, Siraj Ibn Wahhaj and Jany Leveille, remained.
Siraj Ibn Wahhaj and Leveille were also charged Friday with abuse of a child resulting in the death of a child and conspiracy to commit abuse of a child, Taos County Sheriff Jerry Hogrefe said in a news release.
The judge said it was a very difficult decision to drop the charges but the rule left him with no option.
A judge dismissed child abuse charges against 3 people who kept 11 children without food or water at a makeshift camp in New Mexico — because of procedural errors.
The body of a toddler was also found on the scene. pic.twitter.com/tQEU2QjjtF
— AJ+ (@ajplus) August 29, 2018
— WHSVnews (@WHSVnews) August 29, 2018
TAOS, N.M. (AP) — A New Mexico judge has dismissed charges against three defendants in child neglect case at filthy desert compound.
— Meg Kinnard (@MegKinnardAP) August 29, 2018
New Mexico judge dismissed child neglect charges against 3 people in desert compound case after ruling prosecution missed 10-day limit for evidentiary hearing. The 2 others arrested on the squalid property are facing new charges of child abuse resulting in death.
— CBC News Alerts (@CBCAlerts) August 29, 2018
— KOB 4 (@KOB4) August 29, 2018
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