who was hamid hayat's original lawyer

by Eulah Wolf Sr. 5 min read

Wazhma Mojaddidi

Who is Hamid Hayat and what did he do?

She focused on claims that his trial lawyer was ineffective. Hayat’s trial lawyer, Wazhma Mojaddidi, was an immigration lawyer who’d never tried a federal criminal case. A Muslim advocacy organization had asked her to help Hayat after he went to an interview at the FBI and did not come home. Mojaddidi remained on his case through the trial.

What happened to the Hayat case?

Jan 11, 2019 · Hamid Hayat is serving a 24-year sentence and has baen seeking his release for years. ... Hayat’s appellate lawyers also praised the decision. ...

What was the first indictment against Hamid and Umer Hayat?

Jul 31, 2019 · His original lawyer had never before tried a criminal case in federal court, and his legal team successfully argued last year that she had failed to …

How old was Hamid Hayat when he met Khan?

Feb 14, 2020 · Hamid Hayat, who was born in San Joaquin County in 1982, was found guilty in 2006 after what his appellate attorney said was a failure …

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What was Hamid Hayat charged with?

In June 2005, Hamid Hayat was arrested and charged with providing material support to terrorists, and of lying about it to FBI agents. The prosecution alleged that Hamid Hayat had spent the better part of two years at an al-Qaeda training camp in Pakistan, returning in 2005 with an intent to attack civilian targets in the United States. The defense contended that Hayat was in Pakistan to engage an arranged marriage. On April 25, 2006, a jury voted to convict Hamid Hayat of one count of providing material support or resources to terrorists and three counts of making false statements to the FBI in matters related to international or domestic terrorism. The maximum penalty for these charges is 39 years of imprisonment. Sentencing was set for July 14, 2006, before U.S. District Judge Garland E. Burrell Jr.

Who is Hayat's legal team?

In a statement, Hayat's legal team, led by Riordan and Horgan, said “Hamid Hayat, his family, and his counsel appreciate the decision of the federal government today to dismiss the charges against him rather than seeking a retrial. That decision was obviously correct.

What happened to Hamid Hayat?

After his initial conviction, Hamid Hayat sought a new trial, for which his attorneys, Wazhma Mojaddidi and Dennis Riordan, filed a motion on the grounds of misconduct by jury foreman Joseph Cote as well as other court misconduct. Cote allegedly used racial slurs during the trial and compared Hayat to the Pakistani men who had conducted the recent terrorist attacks in London (see 7 July 2005 London bombings and 21 July 2005 London bombings ). Cote also contacted an excused alternative juror during deliberations.

How long was Hamid Hayat in jail?

On September 10, 2007, Hamid Hayat was sentenced to 24 years in federal prison. It was his 25th birthday. In the words of Judge Burrell Jr., Hayat had re-entered the U.S. "ready and willing to wage violent jihad."

Why was Hamid Hayat in Pakistan?

The defense contended that Hayat was in Pakistan to engage an arranged marriage. On April 25, 2006, a jury voted to convict Hamid Hayat of one count of providing material support or resources to terrorists and three counts of making false statements to the FBI in matters related to international or domestic terrorism.

When was Hamid Hayat's trial?

The hearing was held on April 6, 2007. On May 17, 2007, U.S. District Judge Garland E. Burrell Jr. rejected a new trial for Hamid Hayat, writing in his ruling that the reports of juror misconduct were not credible. Hamid Hayat's defense attorney, Wazhma Mojaddidi, announced plans to appeal.

Where is Hamid Hayat from?

Hamid Hayat (born September 10, 1983) is a United States citizen of Pakistani descent from Lodi, California. His father, Umer Hayat (born January 5, 1958), was born in Pakistan and immigrated to the United States in 1976; he is a naturalized U.S. citizen.

Who is Hamid Hayat's attorney?

“The ruling not only affirms Hayat’s decade-long arguments that he did not have a proper defense, but also bolsters what Hayat and his defense team have long maintained: Hamid Hayat is innocent,” San Francisco defense attorney Dennis Riordan said in a statement.

When will Hamid Hayat be released?

Now 36, Hayat is serving his time at a federal lockup near Phoenix and has a projected release date of May 2026.

Why should the Lodi man's conviction be vacated?

Nearly 14 years after Hamid Hayat was convicted in a sensational terrorism trial in Sacramento and packed off to federal prison, a judge on Friday recommended that his conviction be vacated because of ineffective representation by his defense lawyer. Hayat’s Sixth Amendment rights were ...

Did Hayat train in terror camps?

Federal prosecutors have long denounced such claims, noting that Hayat confessed to traveling overseas to train in terror camps and that a panel of the 9th U.S. Circuit Court of Appeals upheld his conviction in 2013.

Who was the first person to testify against Hayat?

The first was Hassan Abbas, an expert on extremist groups, who testified about the location and nature of terrorist training camps in Pakistan.

When was Umer Hayat arrested?

The federal government’s first indictment against Hamid and Umer Hayat was filed on June 16, 2005. Hamid was charged with two counts of making false statements to federal agents.

What did Hayat tell Futa about his time in Pakistan?

He told Hayat that the FBI had received information that Hayat might be involved with terrorist organizations. Hayat said he would be helpful and told Futa about his time in Pakistan. He said he was not a member of any terrorist organization and had not attended any training camps.

Why did Hayat return to Pakistan?

It would last four hours. Hayat again repeated that he had returned to Pakistan in 2003 to find a wife and to be with his mother while she received medical treatment. For the first three hours of the interview, he consistently said he had not engaged in any terrorist activities.

What language did Khan and Hayat speak?

He preferred to converse in Pashto or Urdu. During the next year, Khan and Hayat spoke often. Many of their conversations were not recorded, but Hayat said his father was linked to a terrorist organization in Pakistan and he had family members in Pakistan who recruited young men to wage jihad.

How long was Hayat on supervised release?

He received three years of supervised release. After Hayat’s conviction, McGregor Scott, the U.S. Attorney for the Eastern District of California said, “We have detected, we have disrupted and we have deterred, and whatever was taking shape in Lodi isn’t going to happen now.”.

What was the garland on Hayat's neck?

They were of men firing rifles in the air and Hayat with a garland around his neck. Hayat said the photographs depicted the celebration after his wedding and that rifles were common in Pakistan as a way for people to protect themselves. A second interview, also unrecorded, began at around noon with Agent Harry Sweeney.

Who is the prosecutor for Umer Hayat?

After Umer Hayat's sentencing on Friday, August 25, Prosecutor Larry Brown spoke on behalf of McGregor Scott. Here is a video showing his response to a very honest, innocent question.

Where do Pakistanis come from in Lodi?

Most of the Pakistanis one would find in Lodi, California come from either the village of Behboudi or Shinka. After staying overnight in Behboudi we made a short trip to Shinka. Munawwar drove the car while Jabir Ismail and his friends gave us the guided tour.

Did Muhammad Ismail fly back to the US?

Muhammad Ismail and his son Jabir (Jaber) Ismail's ordeal has been made public by US newspapers. It looks like they have been given permission to fly back to the US.

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Overview

Hamid Hayat (born September 10, 1983) is a United States citizen of Pakistani descent from Lodi, California. His father, Umer Hayat (born January 5, 1958), was born in Pakistan and immigrated to the United States in 1976; he is a naturalized U.S. citizen. Together, they were the subjects of the first terrorism trial in the state of California. Both were alleged to be part of, or associated with, a terrorist sleeper cell.

Terrorism charges and trial

In June 2005, Hamid Hayat was arrested and charged with providing material support to terrorists, and of lying about it to FBI agents. The prosecution alleged that Hamid Hayat had spent the better part of two years at an al-Qaeda training camp in Pakistan, returning in 2005 with an intent to attack civilian targets in the United States. The defense contended that Hayat was in Pakistan to engage an arranged marriage. On April 25, 2006, a jury voted to convict Hamid Hayat of one cou…

Debate

The younger Hayat's conviction is controversial in some circles. Supporters of the Hayats contended that they were both innocent and had been railroaded by overzealous FBI agents and post-9/11 Islamophobia. They cited the occasionally outlandish nature of the confessions, especially the elder Hayat's in particular in which he described a supposed al-Qaeda training camp populated by a thousand men doing "pole vault" practice in ninja masks (Teenage Mutant Ninja T…

Motion for a new trial

After his initial conviction, Hamid Hayat sought a new trial, for which his attorneys, Wazhma Mojaddidi and Dennis Riordan, filed a motion on the grounds of misconduct by jury foreman Joseph Cote as well as other court misconduct. Cote allegedly used racial slurs during the trial and compared Hayat to the Pakistani men who had conducted the recent terrorist attacks in London (see 7 July 2005 London bombings and 21 July 2005 London bombings). Cote also cont…

September 2007 sentencing

On September 10, 2007, Hamid Hayat was sentenced to 24 years in federal prison. It was his 25th birthday. In the words of Judge Burrell Jr., Hayat had re-entered the U.S. "ready and willing to wage violent jihad."

Pre-crime

The Hamid Hayat case is seen as an example of a pre-crimeconviction (McCulloch and Wilson 2016). The dissenting Judge Tashima in Hayat's unsuccessful appeal argued that he would reverse the conviction "because the judicial branch's constitutional duty to do justice in criminal prosecutions was not fulfilled in this case in which the government asked a jury to deprive a man of his liberty largely based on dire, but vague, predictions that the defendant might commit unsp…

The Confession Tapes

In 2019, Hamid Hayat's story was featured in Season 2 of Netflix's documentary series The Confession Tapes in an episode entitled "Marching Orders".

US Government's Dismissal of All Charges

In February 2019, the U.S. Government dismissed all charges. In a statement, Hayat's legal team, led by Riordan and Horgan, said “Hamid Hayat, his family, and his counsel appreciate the decision of the federal government today to dismiss the charges against him rather than seeking a retrial. That decision was obviously correct. Two federal judges have concluded that Hamid would not have been found guilty had the powerful evidence of his innocence that won his freedom in 201…