quote:

Originally posted by Black92LX:
How on earth did the prosecutor drop that ball?

The prosecutors may not have dropped the ball, especially seeing that the case is in front of a liberal judge. I suspect that the amount of "probable cause" that judge wants is well beyond mere probable cause and into the area of beyond a reasonable doubt. This takes the case out of the judge's hands into a Grand Jury. Lets see what happens.

quote:

Originally posted by jsbcody:

quote:

Originally posted by Black92LX:
How on earth did the prosecutor drop that ball?

The prosecutors may not have dropped the ball, especially seeing that the case is in front of a liberal judge. I suspect that the amount of "probable cause" that judge wants is well beyond mere probable cause and into the area of beyond a reasonable doubt. This takes the case out of the judge's hands into a Grand Jury. Lets see what happens.

I read it as they had not even held the probable cause hearing yet. Not that they held the hearing and the judge found no probable cause. Hence the judge dismissing on the 10 day rule not lack of probable cause.

quote:

Child abuse charges against them were dropped because prosecutors missed the 10-day limit for an evidentiary hearing to establish probable cause.

If the hearing was actually presented one just states probable cause was not found in the hearing no need to mention the 10 day rule.

At least the way the article reads to me this lies solely at the fault of the prosecutor. There is no way one should not have a simple probable cause hearing.

3300 catholic priests have forgiven them

Can they indict them still for the charges that were dropped?

quote:

Originally posted by cooger:
Can they indict them still for the charges that were dropped?

Nope

Any chance the delay was deliberate? (SJW prosecutor?)

http://www.foxnews.com/us/2018...dropped-charges.html

A New Mexico district attorney is vowing to “pursue prosecution” against the “extremist Muslim” compound suspects who were released from custody on Wednesday just hours after all charges against the three were dropped.

District Judge Emilio Chavez on Wednesday dismissed charges against three of the five defendants -- Lucas Morton, Subhannah Wahhaj and Hujrah Wahhaj -- ruling that authorities had violated the state’s “10-day rule.”

Child abuse charges against them were dropped because prosecutors missed the 10-day cutoff for an evidentiary hearing to establish probable cause. Chavez said it was a very difficult decision to drop the charges but the rule left him no choice.

“The actions yesterday by the district judges do not affect our continuing efforts to prosecute the individuals as charged originally,” Eighth Judicial District Attorney Donald Gallegos said in a statement on Thursday. “While we disagree with the judges, they did their jobs. We will continue to do ours.

“Going forward, our options are to refile the charges or take the cases to the grand jury. We are assessing and will decide which avenue to pursue. What is important to know is that we will continue to pursue prosecution of the cases.”

From the Taos County Sheriff Office facebook page-
I won't engage in much debate and absolutely won't hold a trial by social media so be warned that if you cross the line I will delete all inappropriate comments, but I will say this.

Unbelievable events have happened yet again today . . I cannot answer for the prosecution, but I will defend that TCSO stepped up and put the search warrants and charges together lawfully and correctly without waiting on another agency any longer.

We have and are still continuing to examine written documents and extract digital evidence with the FBI's help and all agencies involved have provided the necessary discovery that is available on time. BTW, the compound (land) isn't evidence - everything there was diagramed, photographed and evidence was collected, photographed, and documented properly.

I won't answer for the prosecutors but I will say this - when I asked on 8-17-18 (on day 7) I was told they didn't have to do the preliminary hearing in 10 days because of the release conditions having been set on Aug. 8th - obviously they were wrong.

The Judges, starting with Judge Backus, all had difficult decisions to make as matters came before them in this "extraordinarily out of the ordinary case". It's not right to blame them - or worse. This needs to stop, we can disagree and be disappointed in the decision but that's where it needs to end and does end for me and hopefully you as well.

Both Jany and Siraj remain in custody on the new charges filed last Friday of Child Abuse resulting in death - a first degree felony that carries up to life in prison if convicted. The other three that were released today can still be re-charged, I hope that happens tomorrow but it has to be done by the prosecuting attorney(s) at this point - not law enforcement.

The children are safe and will not be returned anytime soon, CYFD has the authority to hold them in foster care, and intend to.

Thank you to everyone of the literal thousands that have reached out to TCSO in support, we are grateful and it makes it much easier to ignore the few nay-sayers.

quote:

Originally posted by Black92LX:

quote:

Originally posted by cooger:
Can they indict them still for the charges that were dropped?

Nope

Yes they can. This was only a preliminary hearing for probable cause, not a trial, so double jeopardy is not a factor.

quote:

Originally posted by jsbcody:

quote:

Originally posted by Black92LX:

quote:

Originally posted by cooger:
Can they indict them still for the charges that were dropped?

Nope

Yes they can. This was only a preliminary hearing for probable cause, not a trial, so double jeopardy is not a factor.

Sorry, you are correct. I had a bunch of kiddos going wild and misread.

https://www.ajc.com/news/crime...MVKjI8w3uU2MZ7gRtFI/

Federal prosecutors say the FBI has arrested five former residents of a ramshackle New Mexico compound where a 3-year-old Clayton County boy died. The five face firearms and conspiracy charges as local charges were dismissed.

The federal complaint charges Jany Leveille, a former Atlanta resident who is from Haiti, of being in possession of firearms and ammunition while in the country illegally. The other four members are charged with conspiring with Leveille.

Taos County District Attorney Donald Gallegos said Friday his office will now seek grand jury indictments involving the death of Abdul-Ghani Wahhaj, who was buried last week in Atlanta, while his father, Siraj Ibn Wahhaj, was in a New Mexico jail. Authorities say Wahhaj and Leveille travelled from their homes in the Atlanta area late last year to the desert, where they allegedly were training their children to commit terror attacks.

Defense attorneys have said the suspects were misunderstood and being cast in a negative light because they’re black and Muslim.

The local TV news said the Fed's stepped in and is charging all of them with firearm violations. News said all the suspects are going to federal custody. Meanwhile maybe the state can refile charges.

https://twitter.com/FoxNews/st.../1036381695312908293

Teenager rescued from the New Mexico compound says he was being trained for jihad, according to an FBI affidavit.

ALBUQUERQUE, N.M. —
Federal prosecutors filed a motion in late October 2018 to tack on charges of terrorism and the mistreatment of children to Jany Leveille, Siraj Ibn Wahhaj, Hujrah Wahhaj, Subhanah Wahhaj, and Lucas Morton.
All five are facing gun-related charges in relation to the finding of a dead three-year-old boy on a compound in Amalia in Taos County in August 2018. Court documents say the 11 other children the FBI found on the compound looked malnourished.


In a 17-page court document, prosecutors say Siraj Ibn Wahhaj and Jany Leveille "sought to recruit and train persons, including minor children, to be prepared to engage in jihad and train an army of jihad, and to die as martyrs." The document goes on to say, "minor children engaged in firearms and tactical training as part of their common plan to prepare for violent attacks on government, military, educational, and financial institutions."
The defense argues there is not enough evidence to charge the suspects with terrorism and also argue the words "jihad" and "martyr" need to be removed from the indictment. Defense attorneys say those words may distract the jury from the initial gun-related charges that have been filed.

https://www.koat.com/article/t...nd-suspects/25373088

Well how bout that.

Finally.




https://www.kob.com/new-mexico...pping-and-terrorism/


https://www.krqe.com/news/crim...os-compound-suspect/


.
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^^^^

Good news overall. However, if all five were involved in kidnapping and transporting the child who ultimately died to New Mexico, why was Jany Leveille allowed to plead out and only face 15 years vs the life sentences the remaining four face? This is especially troubling given that she was described as the ringleader.

quote:

Originally posted by FiveFiveSixFan:

Good news overall. However, if all five were involved in kidnapping and transporting the child who ultimately died to New Mexico, why was Jany Leveille allowed to plead out and only face 15 years vs the life sentences the remaining four face? This is especially troubling given that she was described as the ringleader.

Maybe it was a deal for her cooperation to nail the other four?

Hopefully it's just pedantic and doesn't matter; they all get their due while serving.

quote:

Maybe it was a deal for her cooperation to nail the other four?

Perhaps, but it's curious that she was just charged with immigration and firearm violations which amounted to a person overstaying a visa and possessing firearms and ammunition from what I read.

If she was indeed the ringleader, it would seem to make more sense to get one of the other four to turn on her.

With a 15-year sentence, she'll still be relatively young when she gets out.