San Francisco Chronicle

Feds to drop charges against Lodi terror suspect

- By Bob Egelko

Federal prosecutor­s moved Friday to dismiss charges against Hamid Hayat, who spent 14 years in prison in a nowtarnish­ed case that was once touted as a hallmark of the government’s war on terrorism.

Hayat, of Lodi, was convicted in 2006 of supporting terrorists by training with them in Pakistan, his family homeland, and was sentenced to 24 years in prison. The main evidence against him was his videotaped statement to FBI agents in 2005 that two years earlier he had attended a terrorist training camp for three to six months during a family visit to Pakistan.

During his trial in Sacramento, his lawyer said the confession had been coerced by investigat­ors who asked leading questions during a daylong interrogat­ion. Later, attorneys appealing the conviction said his trial lawyer had failed to contact a half dozen Pakistani witnesses who would have testified that he had never left his family’s village for more than a week during their stay.

Jurors also heard a translatio­n of a note, written in Arabic, that was in Hayat’s wallet when he returned from Pakistan. It read, “Oh Allah, we place you at their throats and we seek refuge in you from their evils.” Prosecutor­s said the note showed a jihadist mindset.

But Hayat’s appellate lawyers said his trial attorney had failed to contact expert witnesses, who would have said the note was part of a common prayer, with no sinister meaning.

U.S. District Judge Garland Burrell, who presided over Hayat’s trial, overturned his conviction in July, saying his right to a competent defense had been violated by his inexperien­ced attorney’s failure to call alibi witnesses. He was released soon afterward from federal prison in Arizona while awaiting prosecutor­s’ decision on whether to retry him.

In a statement Friday, U.S. Attorney McGregor Scott’s office said its prosecutor­s and the Justice Department’s National Security Division had carefully reviewed the case and the evidence that would be available at a retrial.

“Having concluded that review, we have determined that the passage of time and the interests of justice counsel against resurrecti­ng this 15yearold case,” Scott’s office said.

After Hayat’s conviction, thenAttorn­ey General Alberto Gonzales had issued a statement saying, “Justice has been served against a man who supported and trained with our terrorist enemies in pursuit of his goal of violent jihad.”

The FBI started investigat­ing Muslims in Lodi shortly after the Sept. 11, 2001, terrorist attacks and said Hayat and his father, Umer Hayat, were part of a terrorist cell there. A prosecutio­n witness in Hayat’s case was a paid informant who, before focusing on Hayat, reported seeing Osama bin Laden’s chief deputy at a Lodi mosque as late as 1999.

The Justice Department later admitted that there had been no terrorist cell in Lodi.

Umer Hayat, an ice cream vendor, pleaded guilty to charges of lying to customs agents and served less than a year in jail.

Hayat’s appellate lawyers, including Dennis Riordan and Donald Horgan of Oakland, said they are grateful for the prosecutor­s’ decision, but “the 14 years Hamid spent behind bars on charges of which he was innocent remain a grave miscarriag­e of justice. They serve as a stark example of how, in the post9/11 era, the government’s effort to protect the public from terrorism could and in this case did go terribly wrong.”

“An innocent man spent nearly 14 years in prison, a family was torn apart and an entire community was left traumatize­d due to prosecutio­n taking advantage of antiMuslim, post9/11 hysteria,” said Basim Ekarra, executive director of the Sacramento Valley office of the Council on AmericanIs­lamic Relations.

Hayat, 37, said he learned of the decision from Riordan, who congratula­ted him and told him the case was over. “I didn’t believe it,” he said in a statement released by his supporters. “Honestly, it was like a dream.”

 ?? Steve German / Special to The Chronicle 2019 ?? Hamid Hayat receives emotional greetings at an August event after his release from prison. He had been convicted in 2006, but the verdict was overturned in July. Federal prosecutor­s say they will drop the charges.
Steve German / Special to The Chronicle 2019 Hamid Hayat receives emotional greetings at an August event after his release from prison. He had been convicted in 2006, but the verdict was overturned in July. Federal prosecutor­s say they will drop the charges.
 ?? Steve German / Special to the Chronicle 2019 ?? Siddiqa Azan of Sacramento talks with Hamid Hayat at an August event. He was released from prison last year after his 2006 conviction was overturned. Prosecutor­s plan to drop the case.
Steve German / Special to the Chronicle 2019 Siddiqa Azan of Sacramento talks with Hamid Hayat at an August event. He was released from prison last year after his 2006 conviction was overturned. Prosecutor­s plan to drop the case.

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