ALBUQUERQUE, N.M. — There’s a new development in the case of three Muslim men murdered in Albuquerque in 2022. A judge is not allowing some of the possible evidence at trial.

Someone targeted and killed Aftab Hussein, Muhammad Afzaal Hussain, and Naeem Hussain in the span of two weeks last fall.

The killings drew the attention of the FBI, and many were terrified that there would be more deaths. That was until police arrested their lead suspect, Muhammad Syed, who was 51 at the time.

Investigators say Syed planned out the murders, hunting the victims.

More than a year later, a judge has sided with the defense – saying prosecutors can’t use any evidence from ShotSpotter technology.

Ahmad Assed, KOB 4 legal analyst, shared some perspective on the decision.

“If you’re going to use the technology, and you’ve been using it, I don’t know why you would think you would be able to survive without having an expert that would describe the scientific methodology and the intricacies of that same technology, the fundamentals, the foundation, that would survive a challenge by the defense,” Assed said.

Assed says that’s how the criminal justice system works. It’s routine for experts to explain all kinds of evidence, like DNA, bullets, or mental health evaluations.

Just last week Albuquerque police announced they’re asking for millions more in funding from the state Legislature for their Real Time Crime Center, which includes the ShotSpotter tech. The killings of the three Muslim men was one of three cases APD pointed to in support of that funding.

A spokesperson for the prosecution says the developments will not prevent them from taking the case to trial, saying they have solid evidence, including bullets used in the crimes.

Assed says ballistics can be very effective – and a jury can likely understand it.

The judge will also reportedly not allow statements that the suspect made to officers to be used as evidence. The prosecution can’t use whatever Syed said to them after his arrest. The judge agreed that officers violated Syed’s rights by not telling him he had the right to a free, court-appointed attorney.

“You would have thought that some of the details like reading the complete Miranda warnings was essentially pro forma, this was fundamental,” Assed said.

We don’t know exactly what Syed told Albuquerque police, but Assed points out that when suspects admit what they did, that can be key evidence in court.

“How much does it impact the overall ability to prosecute effectively, this case?” Assed asked. “We’ll only know when we know the entirety of the evidence as it is presented.”

Assed represented much of the Muslim community during that time, and coordinated efforts with law enforcement. For him and thousands of others, the court proceedings will be painful.

“It sends a chilling effect in a lot of ways to the community,” he said. “It really brings back a lot of concerns, and what the community went through was tragic, and it was shocking.”

The judge has ordered a competency evaluation for Syed. The three murder cases are set to take place separately, with the first one on March 11.

Neither investigators nor prosecutors have said whether they know why Syed allegedly killed the three men.