NM Compound Leaders Released After Prosecutors Fail to Meet Deadline

Subhannah Wahhaj Jany Leveille and Hujrah Wahhaj are the mothers of the malnourished children

Siraj Ibn Wahhaj, his father, is accused of abducting the boy, whose decomposed remains were discovered three days after the raid. In other filings, prosecutors alleged that children had told them that some of the adults at the compound had talked about dying in jihad.

The shocking dismissal of the original child neglect charges against the five suspects involved in New Mexico compound case has people wondering, why there haven't been federal terrorism charges pursued against the defendants?

They were due in court Wednesday afternoon and are accused of child abuse resulting in death - charges that could carry life sentences in connection with the death of the 3-year-old.

The father of a 3-year-old boy found dead in a filthy New Mexico compound earlier this month pleaded not guilty Wednesday to new charges of child abuse resulting in death as lesser charges were dismissed against him and other members of his extended family as the result of a deadline missed by prosecutors.

Kostich and Mitsunaga said that prosecutors from Gallegos's office did not offer a clear reason for failing to schedule the preliminary hearing, as required, within the 10-business-day window, which began after the defendants' first court appearance, on August 8. "But every judge in New Mexico takes seriously their responsibility to establish conditions of pretrial release for criminal defendants that will protect public safety and assure a defendant's return to court for future proceedings". Gallegos said his office is now looking at two: refile the charges or take the cases before a grand jury.

The prosecution team must not have been too anxious about the defendants being released because they failed to meet a deadline, forcing judges to drop the charges on three of the defendants. Prosecutors now have the choice to refill the charges, or seek a grand jury indictment against them.

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Authorities discovered the compound - located in Amalia, near the Colorado border - while searching for Wahhaj and his disabled son, who was believed to have been kidnapped by Wahhaj from Georgia a year ago.

Judge Emilio Chavez dismissed the charges against Lucas Allen Morton, Hurjah Wahhaj, and Subhannah Wahhaj after prosecutors failed to ask for a preliminary hearing to present evidence against the trio within the standard window of ten business days.

"My staff has worked diligently, professionally and ethically and I am very proud of them", Gallegos said in a Facebook post.

Authorities say Wahhaj and Leveille denied the boy proper medicine and health care as he died in December 2017 during a religious ritual aimed at casting out demonic spirits. They also located the remains of Wahhaj's son, who they believe died in February.

CNN reported this week that investigators had found a "handwritten document titled 'Phases of a Terrorist Attack, '" and that the "extremist Muslims" had allegedly planned to attack a hospital.

Marie Legrand Miller, an attorney for Hujrah Wahhaj, expressed frustration at a lack of evidence and vague allusions to terrorist activities and responsibility in the boy's death - areas where no charges have been filed.