Hamid and Umer Hayat

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Hamid Hayat (b. September 10, 1983) is a United States citizen of Pakistani descent from Lodi, California. His father, Umer Hayat (b. January 5, 1958), was born in Pakistan and emigrated to the United States in 1976; he is a naturalized American citizen. Together they were the subjects of the first terrorism trial in the state of California.^[1] Both were alleged to be part of, or associated with, a terrorist sleeper cell.

Contents 1 Terrorism charges and trial 2 Debate 3 Motion for a new trial 4 References 5 External links

[edit] 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 26, 2006, Hamid was was convicted of all counts. He faces up to 39 years in prison.

His father, Umer Hayat, was also arrested and charged with two counts of making false statements to the FBI regarding the investigation of his son and of certain members of the Muslim community of Lodi.^[2] Umer's charges ended in a hung jury. When faced with a retrial for the same offenses, he pled guilty in exchange for a release with time served.^[3]

[edit] Debate

The younger Hayat's conviction is controversial in some circles. Supporters of the Hayats believe them to be innocents railroaded by overzealous FBI agents and post-9/11 Islamophobia. They cite the occasionally outlandish nature of the confessions, especially Umer's, in particular where he describes a supposed al-Qaeda training camp populated by a thousand men doing "pole vault" practice in ninja masks (Teenage Mutant Ninja Turtle masks, according to the L.A. Times).^[1]

Hamid Hayat's attorneys also claim that he had been worn down by the FBI's five-hour interrogation and confessed to crimes he did not commit. Hamid and Umer Hayat's separate, videotaped confessions were the linchpin of the government's case. Former FBI agent James Wedick Jr., a veteran of 35 years, believed the confessions had been coaxed with intimidation and leading questions. Wedick was not permitted to present his analysis of the confession videotapes at Hamid Hayat's original trial.^[4] Prior to being contacted by defense attorneys for Hamid Hayat, Wedick had had no knowledge of or involvement with the case.^[1]

Opponents argue that there is a greater pattern at work. Hamid does at the very least appear to harbor jihadist leanings. A government informant taped him saying, in regard to the murder of Daniel Pearl by Pakistani terrorists: "They killed him. So I'm pleased about that. They cut him into pieces and sent him back. That was a good job they did. Now they can't send one Jewish person to Pakistan."^[1] FBI agents also recovered from his room jihadist magazines and a "jihad scrapbook" containing articles praising the Taliban and Osama Bin Laden.^[2]

There is also a tenuous family connection to radical Islam: Umer's father-in-law, Hamid's maternal grandfather, is a prominent leader in the Jamiat Ulema-e-Islam a conservative, strictly religious political party in Pakistan strongly associated with the Taliban in Afghanistan.^[5]

Much was made of how Umer Hayat seemed to possess sums of cash unusual for an ice-cream-truck driver with only an 8th grade education (e.g. a $390,000 home with no outstanding debt). According to U.S. District Court Judge Garland Burrell, Hayat "appears to have access to a significant amount of cash from an unexplained source."^[6]

Previously, on April 19, 2003, father and son had been stopped at Dulles International Airport on the way to Pakistan. They were attempting to illegally carry $28,093 in cash out of the country.^[5]

[edit] Motion for a new trial

Hamid Hayat is currently seeking a new trial, for which his attorneys have filed a motion on the grounds of misconduct by jury foreman Joseph Cote. According to other jurors, Cote used racial slurs during the trail 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).

Prosecutors have until December 15, 2006 to file a response to the motion. A hearing is scheduled for January 19, 2007.^[7]

[edit] References

1. ^ ^{a b c d} Arax, M. (2006)."The Agent Who Might Have Saved Hamid Hayat". The Los Angeles Times Magazine. Retrieved October 30, 2006.
2. ^ ^{a b} Scott, M. (2006). "Hamid Hayat Convicted of Terrorism Charges" Press release of the Sacramento office of the FBI. Retrieved October 30, 2006.
3. ^ Hedlund, M. and E. Bishop. (2006). "Umer Hayat Freed, Sentenced to Time Served". News10.net. Retrieved October 30, 2006.
4. ^ http://www.pbs.org/wgbh/pages/frontline/enemywithin/interviews/wedick.html
5. ^ ^{a b} Pipes, D. (2006). "Lodi, California Mysteries". Weblog of Daniel Pipes. Retrieved October 30, 2006.
6. ^ The Associated Press. (2006). "Judge approves bond in Lodi terror probe". Inside the Bay Area. Retrieved March 23, 2006.
7. ^ The Associated Press. (2006). "Lodi man seeks new trial in terrorism case". The Mercury News. Retrieved October 30, 2006.

[edit] External links

• U.S. v. Hamid Hayat and Umer Hayat, facsimile of criminal complaint
• The Lodi Five, with numerous links to original trial documents
• PBS interview with ex-FBI agent James Wedick Jr.
• The FBI's rebuttal to Wedick's accusations