The suspects were arrested earlier this month during a raid of a New Mexico compound following an investigation into the disappearance of Abdul-ghani Wahhaj, a three-year-old who had been missing since December.
The prosecutors, as well as two judges who dismissed charges on Wednesday, have been pilloried on social media for allowing "Muslim extremists" to walk free.
The 11 counts of felony child abuse against Hujrah Wahhaj, Subhannah Wahhaj, and Lucas Morten were dismissed because a judge ruled they didn't have a preliminary hearing in the 10-day time frame required by New Mexico state law for defendants in custody, a state courts official told CNN.
Siraj Ibn Wahhaj laughs in court.
Three of the five adults arrested at a New Mexico compound have had all charges against them dismissed.
Prosecutors could still seek charges for the three by requesting that a grand jury indict them, but as of now have offered no immediate indication on how they would proceed.
Although those old charges were dropped, new charges were filed against Siraj Ibn Wahhaj and Jany Leveille.
They appeared in court Wednesday on charges of child abuse resulting in death, which could carry life sentences in connection with the death of Abdul-ghani Wahhaj.Читайте также: Shooter at Madden Tournament Was Participant
The child's badly decomposed remains were found this month inside a tunnel at the high-desert compound near the Colorado state line.
Siraj Ibn Wahhaj and Leveille could be held for up to five days pending a hearing on whether they can be held without bond pending trial.
"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".
A judge released the three Wednesday after prosecutors missed a case deadline. Children told authorities that the young boy had died in February after being denied his medicine and subjected to weird religious rituals. Jany Leveille is originally from Haiti and faces charges that she overstayed her non-immigrant visa when she visited the United States over twenty years ago.
The boy initially was reported missing a year ago from Jonesboro, Georgia, by his mother after Siraj Ibn Wahhaj said he was taking the child to a park and didn't return.
Defense attorneys for the couple have declined to comment specifically on the toddler's death but say their clients are being discriminated against because they were black Muslims carrying out a faith-healing ritual. Forensic medical investigators have not yet identified the cause and manner of the boy's death.
Law enforcement seized a document from the compound called "Phases of a Terrorist Attack", which included ambiguous instructions for "the one-time terrorist" and "the ideal attack site".При любом использовании материалов сайта и дочерних проектов, гиперссылка на обязательна.
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