Sorry, but it is not a “silly technicality.” It is the law. Blame rests squarely on the prosecutor’s office.
Here is the actual Ruling
5-302. Preliminary examination.
A. Time.
(1) Time limits.
A preliminary examination shall be held within a reasonable time but in any event not later than ten (10) days after the first appearance if the defendant is in custody and no later than sixty (60) days after the first appearance if the defendant is not in custody.
(2) Extensions. Upon a showing of good cause, the court may extend the time limits for holding a preliminary examination for up to sixty (60) days. If the defendant does not consent, the court may extend the time limits in Subparagraph (A)(1) of this rule only upon a showing that extraordinary circumstances exist and justice requires the delay. The time enlargement provisions in Rule 5-104 do not apply to a preliminary examination.
(2) Extensions.
Upon a showing of good cause, the court may extend the time limits for holding a preliminary examination for up to sixty (60) days.
If the defendant does not consent, the court may extend the time limits in Subparagraph (A)(1) of this rule only upon a showing that extraordinary circumstances exist and justice requires the delay.
It's absolutely clear that the judge had a judicial choice to make and he made it in favor of the Muslim terrorists and against the New Mexican people.
This was not a case where his hands were tied and the law forced him to release the terrorists.
Judge Jeff McElroy chose to ignore the obvious fact that extraordinary circumstances exist in the details of this terrorist-school shooting training compound with child abuse and dead child factors.
Judge McElroy allowed three of the dangerous perps to walk back into the world of innocent victims.