Prosecutors and law enforcement officials have accused Siraj Ibn Wahhaj and Leveille of denying the boy proper medicine and health care as he died during rituals created to cast out harmful spirits from the boy. Another judge received death threats for granting the defendants bail earlier this month.
Taos County District Court Judge Jeff McElroy called out prosecutors Wednesday for being incompetent during the arraignment, according to affiliate KOAT.
"The state made not one request for a preliminary hearing, the state made not one request for an extension", Chavez said.
"It's hard I'm sure for the public to understand why this has to happen this way", he said.
Prosecutors said Monday the hand-written document was mentioned briefly at a hearing in which District Court Judge Sarah Backus rebuffed prosecutors, saying they "completely failed to establish its origin".
Chavez ruled that the other three defendants could be released as early as Wednesday depending on what action prosecutors take.
This local news report notes that the judge who dismissed the charges said the prosecutor's office had no excuse for failing to meet the deadline. They were arrested this month at a remote compound where 11 children were found living in filth and the body of a 3-year-old boy was discovered. Children told authorities that the young boy had died in February after being denied his medicine and subjected to freakish religious rituals. The exact cause and manner of death has not been determined.
Defense attorneys have noted that their clients have no record of criminal convictions and pose no risk to the public. 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.
Siraj Ibn Wahhaj and Leveille will remain jailed at least until a hearing next week.
Prosecutors could still try to charge Morton, Subhannah, and Hujrah via a grand jury indictment, but it is unclear if they will pursue that option.
CNN reported this week that investigators had found a "handwritten document titled 'Phases of a Terrorist Attack, '" and that the "extremist Muslims" had allegedly planned to attack a hospital.
Three Muslim men and two women were released from the courtroom because the judge dropped the charges after they held 11 children in appalling conditions in house new Mexico.
The Taos County Sheriff's Office confirmed that Lucas Morton, Subhannah Wahhaj and Hujrah Wahhaj left the jail late Wednesday afternoon.
Although those old charges were dropped, new charges were filed against Siraj Ibn Wahhaj and Jany Leveille. The filings describe the couple's involvement in "bizarre cult practices" and described evidence that compound residents were conducting firearms training "to conduct future acts of violence against individuals and civic institutions". "But it's certainly an terrible setback for the prosecutors and the public in New Mexico".