Judge Emilio Chavez “said it was a very difficult decision to drop the charges but the rule left him with no option.”
Have you ever noticed that these technicalities always seem to go in one direction only?
“Judge dismisses all charges against 3 ‘extremist Muslim’ New Mexico compound suspects,” by Elizabeth Zwirz, Fox News, August 28, 2018:
A New Mexico judge dismissed all charges against three suspects tied to a compound where alleged Muslim extremists reportedly trained children to be school shooters.
District Judge Emilio Chavez on Wednesday dismissed charges against three of the five defendants, ruling that authorities violated the state’s “10-day rule.”
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 charges against fellow defendants, Siraj Ibn Wahhaj and Jany Leveille, remained. The suspects are accused of holding nearly a dozen children at the compound. The remains of a twelfth child were found on the compound.
The suspects were arrested by authorities after an early August raid following a monthslong search investigating the disappearance of Abdul-ghani Wahhaj, a 3-year-boy with severe medical issues who went missing from Georgia in December. Days later, a child’s remains were found on the property.
Siraj Ibn Wahhaj was allegedly training children to commit school shootings, according to prosecutors, who later alleged that the juveniles were taught how to use firearms, as well as tactical techniques, in order to kill teachers, law enforcement and other institutions they found corrupt.
Remains located at ‘extremist Muslim’ compound positively identified as the missing 3-year-old son of one of the suspects; Alicia Acuna reports on if additional charges are coming.
Health officials confirmed earlier this month that the discovered remains were positively identified as the 3-year-old’s.
Siraj Ibn Wahhaj, the boy’s father, and Leveille were hit with additional charges Friday, adding 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. Prosecutors could still seek charges for the three by asking a grand jury to indict them but offered no immediate indication on how they would proceed….
Ragdoll says
WHAT!
Bill says
NM is a very poor state and while they do have a major Univ in Albuq those people who are talented dont stay in NM, they depart for states where there are decent job prospects.
This leaves the state with a pretty poor selection to choose from for their police and judicial positions.
So you get cops in northern NM who can’t do a decent investigation and prosecutors and judges who have 2nd rate abilities. The only real decent law enforcement is the various Federal agencies who are mainly in Albuquerque.
The APD has been substandard for decades. Every now and then they are in the news for killing someone unjustly. The APD are just a step above thugs. Yes I lived there and went to 2 colleges there so I have some knowledge of NM.
A real nice place to vacation but you don’t want to spend more than 2 weeks there. It is one state where White people are the minority. Hispanics, Indians and Blacks make up 2/3rds of the state population.
J D S says
Rules like this should be thrown out in different situations…and this situation in NM is one of them….Throw out the 10 day rule then throw out the judge or vice versa.
c matt says
Can’t blame the judge for following the rules. If the rule is the problem, then the rule needs to be changed.
DT says
More PROOF that we dont have a JUSTICE system in the USA, we have a LEGAL system…HUGE DIFFERENCE !!!!
CogitoErgoSum says
I guess the prosecutors had a “bigger agenda” in this case also, such as climate change or protecting refugees and that required more of their time and attention. OR …. maybe they are just inept and the people of New Mexico don’t really care.
StellaSaidSo says
+1
Or they were bought.
Rarely says
The prosecution missed the 10-day limitation period? That’s like missing your twin’s birthday or forgetting your address. The ENTIRE team of prosecutors should be fired for gross incompetence, their pensions cancelled and they should be referred to the state Bar Association with a view to disbarment.
The first thing every litigation lawyer learns is to be 100% aware of limitation periods. Period.
James Lincoln says
Rarely,
Agree 100%.
A formal complaint to the New Mexico State Bar Association is in order, for starters.
Creole Gumbo says
Complaining to The Bar is a waste of time.
Joe says
You and Jihad Watch are probably overreacting. I heard that the charges were not dropped “with prejudice” which means that the same charges can be brought again whenever they have the evidence together.
Norger says
Yes, but one of the many issues is whether, setting aside the dangerousness issue, these defendants will simply disappear following release. I don’t blame the judge; this sounds like a major prosecutorial f*ckup in one of most high profile cases this DA is ever likely to see.
Gbox says
That won’t matter if they leave the country.
el cid says
I would stake a large bet that the prosecutors or their familiars have been threatened. This was an easy way out.
Phil Copson says
Next question: did the prosecutors “accidentally-on-purpose” miss that dead-line ? Checking the due date by which to complete procedures, is pretty basic stuff.
libertyORdeath says
It sure seems like the most likely answer considering the attention surrounding this case. I would bet that there was at least one person from the prosecution who was aware of the impending date, and if there wasn’t then I would still think that there would still be a way to prosecute those who “slipped through the system”.
Even the abuse and killing of children is not enough for the left to open their eyes to the threat of jihad and islam itself.
I wonder what would convince them???
Beheading Americans? Nope
FGM? Not a chance
Mass Rape? No
Chemical weapons? No
Inherit belief in genocide?
Multiple wars across the globe? No
Plotting to destroy the US and other countries? Nope
Murder and Torture of Homosexuals?
Inherit abuse of women? No
There’s really only nuclear war left but I’m sure even that could be justified by the evils of the west.
Russell says
That’s very annoying.
Jay says
This is a complete travesty of justice! I pray the illegal Muslims that were released do not commit any more horrendous crimes l
The judge and all the so called lawyers should be disbarred immediately! I hope the children are never returned to these monsters! Hold this judge and lawyers accountable !
Ade Fegan says
No technicalities for Tommy Robinson though right
gravenimage says
+1
Ade Fegan says
Just imagine what they would have to do in order to actually be sentenced for anything !
and yet the prisons are full on them
Rainman says
I’m shocked, shocked.
somehistory says
Th prosecution should not delay in taking it to the grand jury. Act now before the “alleged” criminals beat it out of the state and manage to hide until the next crime is planned. the father of the two women has a lot of moslim friends and is likely making plans already.
Paul Klee says
The Proscecution is grossly incompetent and negligent for missing the evidentiary hearing. They should be removed from Office forthwith. The murdered child is entitled to Justice.
penelope says
why does it seem that the muslims always get a pass no matter what, there is always a lame excuse for what has happened. sounds like obamahole is getting his way to protect ‘them non-citizens’ at any cost.
this judge should step down and everyone else involved who did not do their job, period. they murdered a child for crying out loud, is this child not as important as any other child. wake up folks.
Darryl says
And they want us to give up our guns?
Gerald Mucci says
Possibly a Muslim compound not intended to be found by local cops? Is our FBI both pissed and complicit?
gravenimage says
It was the local cops who finally acted here when the FBI would do nothing.
gravenimage says
Judge dismisses all charges against 3 New Mexico compound jihadis on a technicality
…………….
There’s a ten-day limit in which to bring charges of child abuse? Outrageous.
Jean says
Smells of Great King Rat.
Bacherbazistan says
Thorough investigation needed as to what happened here. Lack of FBI interest, suspects released on bail, compound & evidence destroyed, and now this. Stinks to high heaven. Looks like local cops uncovered a false flag operation, saving many lives.
BTW any update on the Vegas mass shooting investigation? That seems to have just disappeared down the memory hole.
Pumbar says
New Mexico is lost.
mccode says
‘Prosecutors could still seek charges for the three by asking a grand jury to indict them’
Ok. That seems like a no-brainer to me.
Get cracking convening the grand jury, Mr DA.
Horseman says
New Mexico is becoming like California.
No Muzzies Here says
There should be total outrage over this. Muslims had set up a training camp in the USA to train Muslims to go into American schools and shoot and kill innocent kids. All papers should have dedicated their front pages to this for 3 weeks running. TV “news” should have led with this.
Instead, politicians and the media make out it never happened.
They don’t hesitate for one minute to blame the NRA for school shootings.
Mike says
The the official law, and then there’s what really happens.
In order to have the official law appear to be abided by, discretionary “technicalities” are used to get to the desired result. In just about any file, some technicality can be found.
If I go to court and argue the same technicality, I’ll get told by the judge to move on and get real. But if an outcome needs to be “fixed”, then all of a sudden, those things develop importance. That’s really how it’s done.
Not all judges are like this. From what I’ve seen, there is a minority of them who behave like decent human beings, aware of the important job that they have. But most are political hacks that got appointed for political reasons, and know who their masters are.
Disillusioned lawyer (Canada) here, in case y’all want to know.
Sam says
Am I surprised? No. Am I furious and disgusted? YES
J. W. K. says
Judge Jihad, First Sharia Court
katherine says
Pray his infidel children all get shot – DEAD, al-ham-dulillah .
Kay Hall says
I never would have believed New Mexico would do a terrible thing like this to our country or to those poor children.