A federal appeals court this week threw out the convictions of four former residents of a remote compound in New Mexico near the Colorado border where a 3-year-old boy died during an exorcism nearly nine years ago.
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A panel of judges on the 10th U.S. Circuit Court of Appeals in Denver reversed the kidnapping convictions against Hujrah Wahhaj and Subhanah Wahhaj on Tuesday, finding both that there was insufficient evidence to support the convictions and that a judge gave inaccurate jury instructions. Neither woman can be retried on those charges, the panel found in a 104-page ruling.
The court also vacated convictions of terrorism and conspiracy to kill federal officers against Lucas Morton and his brother-in-law, Siraj Wahhaj, the father of the 3-year-old boy who died. The panel found that the two men, who represented themselves during their trial, had been wrongly excluded from bench conferences. Their cases can be retried.
All four family members — the two women were Siraj’s sisters — were sentenced to life in prison in 2024. A fifth defendant, Jany Leveille, pleaded guilty to conspiracy to provide material support to terrorists and illegally possessing a firearm and was sentenced to 15 years in prison. She did not challenge her convictions.
None of the defendants faced charges tied to the 3-year-old’s death.
Siraj Wahhaj, the father of toddler Abdul Ghani, was legally married to Abdul’s mother when he entered into a religious second marriage with Leveille, who claimed to be a prophet and receive messages from God, according to Tuesday’s decision.
Leveille, who was later diagnosed with acute schizophrenia, convinced Siraj and the other defendants that Abdul’s mother was using black magic on the boy in late 2017.
Siraj and the other defendants fled from Georgia with Abdul and other children to a plot of empty land in Amalia, New Mexico, near the Colorado state line, where the group built a ramshackle compound in the high desert on land they believed Morton owned.
Siraj and Leveille performed Muslim exorcisms known as “ruqyahs” on Abdul in grueling, hours-long rituals that made the toddler scream and cry, according to Tuesday’s decision. They believed the ritual would rid him of evil spirits, according to the ruling. Leveille was the group’s spiritual leader.
During a Dec. 24, 2017, exorcism session, Siraj held his son down and put his hand on the boy’s jugular vein. The toddler choked and foamed at the mouth, then stopped breathing, according to the 10th Circuit’s decision. The adults, who believed the child would be resurrected as Jesus on Easter, wrapped Abdul’s body in plastic and stored it under a bed.
They later moved the body to a tunnel they’d dug on the property as an escape route should law enforcement raid the compound.
Siraj, Lucas and the older boys at the compound then began to train with guns to launch an army for the dead 3-year-old and kill anyone who didn’t believe in the toddler, according to the ruling. The group also fortified their compound and trained with guns in case the FBI or other law enforcement visited the property, according to the decision. They believed Abdul would tell them which corrupt government and private institutions to target when he was resurrected.
In August 2018, the Taos County Sheriff’s Office executed a search warrant at the property. They found 11 hungry children and dismal living conditions without running water. They also found 11 firearms and ammunition that were used at a makeshift shooting range.
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The cases went to trial in 2023. The defendants argued they were being targeted for prosecution on terrorism charges because of their Muslim faith, and the cases were an example of government overreach. They were each sentenced to life in prison in 2024.
The 10th Circuit panel found that the two women should not have been convicted of kidnapping counts because federal law does not allow for kidnapping to be carried out by a parent. There was no court order or state law that made it illegal for Siraj to take his son from Georgia to New Mexico, the judges found.
Additionally, the trial judge gave incorrect jury instructions about kidnapping during the 2023 trial, the panel concluded.
Justine Fox-Young, an attorney who represented Subhanah Wahhaj during her jury trial and objected to the jury instructions at the time, said Wednesday that she was “overjoyed” by the appeals court’s ruling.
“We are extremely grateful that the 10th Circuit has vindicated Subhanah Wahhaj’s rights and she is now free after about eight years that she has wrongfully been confined,” Fox-Young said.
Andrew Casey, an attorney who represented Lucas Morton, said Wednesday that he was “very pleased” by the decision.
“It is a very thorough, long opinion, and we are just excited for the possibility of a new trial,” Casey said.
Attorneys for the other defendants did not immediately return requests for comment or declined to comment.
Tessa DuBerry, a public affairs specialist with the U.S. Attorney’s Office for the District of New Mexico, said in an email Wednesday that prosecutors are considering their next steps.
“What happened at the Taos (County) compound was horrific. We are reviewing the case and assessing what further action may be appropriate,” she said.
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The Associated Press contributed to this report.
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