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Judge disappointed in prosecution, forced to drop charges against NM compound suspects

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Defendants in New Mexico are entitled to a preliminary hearing withing 10 days of an arrest if they’re not released. An attempt was made to release them but because they did not have adequate housing in Taos County, they continued to be detained. Had they been released, the prosecution would have had 60 days to hold the preliminary hearing.

Prosecution blamed the confusion surrounding their continued detention for their error, but Judge Jeff McElroy wasn’t impressed with the excuses, calling it a “complete failure to follow the proper procedures in prosecuting the case.”

We will see how it all plays out in the coming weeks but if all five suspects are not charged and brought to court for a probably cause hearing, it will be an outrageous debacle hung around the necks of all prosecutors involved.

Source: KOB

DA plans to refile charges against NM compound suspects | KOB 4

https://www.kob.com/new-mexico-news/original-charges-against-all-nm-compound-suspects-dismissed-2-suspects-held-on-new-charges/5050047/District Judge Emilio Chavez made the decision Wednesday in the first hearing. He dropped the charges against Lucas Morten, Hujrah Wahhaj, and Subhannah Wahhaj, saying the prosecution failed to hold a preliminary hearing to prove probable cause within ten days of their first court appearance.

About an hour later, Judge Jeff McElroy came to the same decision regarding Siraj Wahhaj and Jany Leveille.

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