What the hell is going on with New Mexico’s justice system?
#BREAKING: A judge has dismissed charges against 3 defendants in the case of children found in a squalid desert compound in New Mexicohttps://t.co/iuVvawzW4I
— 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
MORE: Judge Emilio Chavez ruled he had no discretion to keep the three defendants in custody since prosecutors missed a 10-day limit for an evidentiary hearing to establish probable cause. Prosecutors could still try to pursue charges by seeking an indictment from a grand jury.
— Meg Kinnard (@MegKinnardAP) August 29, 2018
MORE: Another hearing is planning Wednesday afternoon to deal with new charges filed the father of a dead boy whose body was found at the compound. Siraj Ibn Wahhaj and his partner Jany Leveille are accused of child abuse resulting in death.
— Meg Kinnard (@MegKinnardAP) August 29, 2018
Children were abused. Terrorized. A three-year-old boy is dead.
WHAT???
— AmericanPie (@AmericanPie0603) August 29, 2018
How the hell does that happen
— sparc10000 (@sudorootable) August 29, 2018
This is not a deadline casually missed by prosecutors. What is going on?!? https://t.co/3sbWGVcTmx
— LB (@beyondreasdoubt) August 29, 2018
That’s what we’d like to know.
Awful.
— T-Mac 11 Days til Nancy/Chuck Shutdown (@TmacNTben) August 29, 2018
This is insane https://t.co/271Gpw2TVO
— WhigsnTwigs (@WhigsnTwigs) August 29, 2018
disgusting https://t.co/XeSzKDSm1T
— Meech (@michi83) August 29, 2018
ARE YOU KIDDING ME?!!!! These people are terrorists. https://t.co/cBWFuE0GjA
— Storm Paglia ?? (@storm_paglia) August 29, 2018
This reeks of impropriety.
— Gomes (@GomesBolt) August 29, 2018
Astounding and horrifying, but could see this coming when the defense filed its motion for dismissal. The rule says what it says. The handling of this case has been utterly bizarre every step of the way. https://t.co/aO0HFkxRXv
— John Hayward (@Doc_0) August 29, 2018
Editor’s note: This post has been updated with an additional tweet.
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Update:
Just when you thought it couldn’t get any worse:
Back in court, as I understand, motion will be heard to dismiss charges against Siraj Wahhaj and Jany Leveille. These two are charged with child abuse resulting in death of Abdul-Ghani (Wahhaj’s son) who was found buried on the #TaosCompound.
— Ryan Laughlin (@RyanLaughlinKOB) August 29, 2018
All rise. New judge and Siraj and Jany are in the courtroom.
— Ryan Laughlin (@RyanLaughlinKOB) August 29, 2018
Judge starts by saying he has vacated other three no-bond appeals because they have been dismissed. That was Morton and Wahhaj sisters.
— Ryan Laughlin (@RyanLaughlinKOB) August 29, 2018
Woa. Judge Backus has recused herself which is why Judge McElroy will be hearing these motions.
— Ryan Laughlin (@RyanLaughlinKOB) August 29, 2018
I don’t know, but, Judge Backus’ recusal is probably not because of death threats and more likely because she was the judge who ruled on denying the no-bond motion in the first place. Just speculating.
— Ryan Laughlin (@RyanLaughlinKOB) August 29, 2018
Defense for Siraj is up and making the same arguments. Siraj does have an extradition warrant from Georgia. His defense is saying that doesn’t matter, he’s still entitled to preliminary hearing in 10 days.
— Ryan Laughlin (@RyanLaughlinKOB) August 29, 2018
Interesting caveat, the more severe charges were brought against Siraj and Jany were more recent. Meaning, the 10 day limit would be ending in September. Defense says that shouldn’t matter.
— Ryan Laughlin (@RyanLaughlinKOB) August 29, 2018
Another twist, judge says Jany was in ICE custody, he asks if that would be considered conditions of release. Defense says no. That’s still in government custody.
— Ryan Laughlin (@RyanLaughlinKOB) August 29, 2018
Not calling Mr. Vigil this go around because judge says that doesn’t explain why DA office didn’t have a preliminary hearing.
— Ryan Laughlin (@RyanLaughlinKOB) August 29, 2018
Again, prosecutors didn’t know if they’d be on, “a 10 day track, or a 60 day track.” Reminder, if suspects are not in custody prosecutors have 60 days for preliminary hearing. State thought suspects were getting out. They couldn’t meet terms of release and have been in custody.
— Ryan Laughlin (@RyanLaughlinKOB) August 29, 2018
Prosecutor says it wasn’t the state of New Mexico holding these two. Siraj’s GA warrant and ICE was holding Jany kept them in custody. Question here is when did the 10-day clock start ticking? That’s what state and defense are arguing now.
— Ryan Laughlin (@RyanLaughlinKOB) August 29, 2018
Judge is up. He says these two cases are different, however it doesnt change the 10 day rule for a preliminary hearing.
— Ryan Laughlin (@RyanLaughlinKOB) August 29, 2018
Judge is “upholding law of the state,” says DA office failed.
— Ryan Laughlin (@RyanLaughlinKOB) August 29, 2018
#Breaking judge dismisses charges against Siraj Wahhaj and Jany Leveille. All 5 of the #TaosCompound suspects are free.
— Ryan Laughlin (@RyanLaughlinKOB) August 29, 2018
Judge McElroy is hammering the DA office. He says he doesn’t know if the office is overworked or what, but he finds it disturbing the state didn’t play by the rules. Notes the DA is not present here.
— Ryan Laughlin (@RyanLaughlinKOB) August 29, 2018
Motion to look at no-bond hearing is getting throw out because charges have been dropped.
— Ryan Laughlin (@RyanLaughlinKOB) August 29, 2018
Hold on. New charges NOT filed by the DA but directly filed by the Sheriff’s Office.
— Ryan Laughlin (@RyanLaughlinKOB) August 29, 2018
Wow. First appearance right now for new child abuse charges and conspiracy. Court received these a couple hours ago. Same charges, new dates.
— Ryan Laughlin (@RyanLaughlinKOB) August 29, 2018
Identical charges being brought to Jany and Siraj for child abuse resulting in child abuse. So… I think we’re right back where we started.
— Ryan Laughlin (@RyanLaughlinKOB) August 29, 2018
Defense said the fact the sheriff filed the charges is a procedural error and advised clients not to enter a plea on new charges.
— Ryan Laughlin (@RyanLaughlinKOB) August 29, 2018
Defense says it appears the right hand doesn’t know what the left hand is doing, the Taos County Sheriff’s doesn’t know what the District Attorney is doing and vice versa.
— Ryan Laughlin (@RyanLaughlinKOB) August 29, 2018
What in God’s name is going on?
Wow. Now the judge says a voter approved law back in 1924 says the criminal complaint filed by the sheriff isn’t allowed and “of some concern.” Judge is asking attorneys to make arguments for remedy for procedural misstep.
— Ryan Laughlin (@RyanLaughlinKOB) August 29, 2018
Judge says he raises the issue because he wants these cases prosecuted lawfully. He says he’s very disappointed that the court is being caught in this very public complete failure.
— Ryan Laughlin (@RyanLaughlinKOB) August 29, 2018
Court is in recess scheduling of no-bond motion upcoming.
— Ryan Laughlin (@RyanLaughlinKOB) August 29, 2018
Next Tuesday will be the no-bond hearing and a preliminary hearing is scheduled for September 7th.
— Ryan Laughlin (@RyanLaughlinKOB) August 29, 2018
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Related:
WOW: Suspects in New Mexico child abuse case to be released from custody on signature bond
‘HOLY HELL’! This should HAUNT the judge who released suspects in N.M. child abuse case FOREVER
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