Appeals Court Overturns Kidnapping Convictions Tied to Child’s Fatal Exorcism

A three-judge panel of the 10th U.S. Circuit Court of Appeals vacated the kidnapping convictions of Siraj Ibn Wahhaj’s sisters and brother-in-law, finding that the trial judge misdirected the jury on the legal definition of kidnapping and that Ibn Wahhaj, as the child’s natural parent, possessed inherent custody without any court order restricting his authority. The court also set aside three conspiracy and material-support convictions against Ibn Wahhaj and Lucas Morton because they were excluded from a bench conference concerning jury notes, infringing their right to make tactical decisions as pro se defendants.

The underlying case stems from a 2017 incident in which Ibn Wahhaj, Morton, and other family members took 3-year-old Abdul Ghani from his mother in Georgia to a secluded New Mexico compound, where, under Leveille’s direction, the child was denied anti-seizure medication and subjected to daily exorcisms that led to his death. The body was hidden in an underground tunnel and discovered by law enforcement in August 2018. Leveille later pleaded guilty to providing material support to kill federal officers and illegal firearm possession, though she did not stand trial with the others. The appellate decision allows the kidnapping charges to remain dismissed and permits a retrial on the material-support counts.