A judge has dismissed child neglect charges against three of the five people who were arrested after authorities discovered children living on a remote compound in New Mexico.
She said state prosecutors had not indicated whether they meant to file new charges against the three, who have been accused by police and prosecutors of planning attacks on "corrupt institutions".
At back-to-back hearings, Judges Emilio Chavez and Jeff McElroy said prosecutors with the 8th Judicial District Attorney's Office had not scheduled preliminary hearings for the five defendants within 10 days of their incarceration on charges of neglecting 11 children in their care - a requirement under New Mexico Supreme Court rules.
Meanwhile, authorities have filed charges against the dead boy's father, Siraj Ibn Wahhaj, and his partner, Jany Leveille.
Health officials confirmed in early August that remains were found on the property, and they belonged to a missing 3-year-old boy from Georgia.
Prosecutors say children at the compound were being trained to carry out armed attacks.
State prosecutor Timothy Hasson declined to comment.
The child abuse charges can still be refiled by prosecutors. The severely disabled boy's badly decomposed remains were found this month inside a tunnel at the high-desert compound near the Colorado state line.
But Hujrah Wahhaj, who went before a different magistrate judge and with her child abuse charges now dismissed, apparently no longer faces any travel restrictions. Another judge made the same decision in the cases of the other three defendants earlier Wednesday.
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Siraj Ibn Wahhaj and Leveille pleaded not guilty.
"The state made not one request for a preliminary hearing, the state made not one request for an extension", Chavez said.
"That's about as unambiguous as a rule that we get in our criminal procedure", the judge said.
The boy's mother initially reported the boy missing a year ago from Jonesboro, Georgia, after Siraj Ibn Wahhaj said he was taking the child to a park and didn't return. Authorities accuse the pair of denying the child his medication for severe seizures and say the boy died during an Islamic prayer ritual December 24.
Prosecutors missed the 10-day mark for an evidentiary hearing to establish probable cause against the suspects, and the charges were dropped, the report said.
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".
The new charges of child abuse resulting in death against Siraj Ibn Wahhaj and Leveille are tied to an extensive account of Abdul-ghani's death in a journal that prosecutors attribute to Leveille.
Siraj Ibn Wahhaj was allegedly training children to commit school shootings, according to prosecutors, who later alleged that the juveniles were taught how to use firearms, as well as tactical techniques, in order to kill teachers, law enforcement and other institutions they found corrupt.
Later Wednesday, McElroy addressed a motion by state prosecutors to review Backus' controversial decision to grant the defendants release on bail rather than ordering them held without bond until trial.