Five Lodi men remain in custody as FBI continues inquiry into terror links

Bara Khan, a member of the Lodi Muslin Mosque, talks about Hamid Hayat and his father, Umer Hayat, at the mosque in Lodi on Wednesday. Federal authorities arrested Hamid Hayat and his father after the younger man allegedly acknowledged that he attended an al-Qaida camp in Pakistan in 2003 and 2004, according to an affidavit by FBI Special Agent Pedro Aguilar. (AP Photo/Paul Sakuma)

Five Lodi men remain in custody as FBI continues inquiry into terror links

By Layla Bohm
News-Sentinel Staff Writer

Thursday, June 9, 2005 4:34 PM PDT

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One of two Lodi men suspected of having ties to an al-Qaida terrorist camp was once accused of attempted kidnapping in a case that ultimately led to a misdemeanor conviction and an order to attend anger management classes.

Umer Hayat, 47, was arrested in 2001 for allegedly assaulting two children. Hayat and his 22-year-old son, Hamid Hayat, are now behind bars, accused of lying to federal agents who were questioning them about their links to terror training camps in Pakistan.

Three other Lodi men, including two Muslim clerics, are also jailed on immigration charges.

• Affidavit: United States v. Hamid Hayat (PDF)
• Text version

A case that stunned Lodi residents and drew the attention of national media and even President George W. Bush continued to evolve Wednesday.

Among the developments:

• FBI officials urged residents not to react against the Muslim community at large.

• They told the public not to panic, and said there were no specific threats, though some media were reporting that hospitals and food stores were possible targets.

• They said the arrests were part of a lengthy, perhaps years-long, investigation that is still ongoing.

The younger Hayat, 22, is accused of spending six months in a Pakistan terrorist training camp between 2003 and 2004. His father allegedly sent him $100 a month, knowing that he was involved in the camp. The details were included in an affidavit signed by FBI agent Pedro Tenoch Aguilar, based in Stockton.

The father and son have been charged only with lying to federal officials. They remain without bail in the Sacramento County Jail, where they declined requests for interviews. A bail hearing for Hamid Hayat is set for Friday afternoon and a preliminary hearing is scheduled for June 21.

Umer Hayat's attorney, Johnny Griffin III, said he has met with his client, who is holding up reasonably well while in jail.

Hamid Hayat (Photo courtesy of ABC/News 10)

"It's taking its toll on him and his family. It's not every day that someone's charged with being a terrorist -- and he's not even charged with it," Griffin said, underlining that the men are only charged with making a false statement to agents.

Two leaders at the Lodi Muslim Mosque were detained for allegedly violating terms of their visas, said John Cauthen, a spokesman with the FBI. Shabbir Ahmed, imam of the mosque, and Mohammad Adil Khan were both in custody, though Khan's whereabouts could not immediately be confirmed.

The two men, both from Pakistan, are only being held on administrative immigration charges and will appear before an immigration judge. Officials declined to say when that might happen.

Umer Hayat (Photo courtesy of ABC/News 10)

They were arrested during part of a large investigation in Lodi, in which agents converged on several homes. Gloved FBI agents were seen Tuesday, taking items from homes on Acacia Street, Poplar Street and Lower Sacramento Road.

Late Wednesday, federal officials confirmed that Khan's son, Mohammad Hassan Adil, 19, has also been taken into custody for immigration violations.

"He's being held on administrative immigration violations," Virginia Kice, an immigration spokeswoman, said of the son.

She declined to discuss the details of the arrest.

Despite the extensive investigation throughout Lodi, officials warned residents against retaliating against citizens.

Shabbir Ahmed (News-Sentinel photo)

"As our agencies have long demonstrated, we have zero tolerance for hate crimes and acts of retaliation," U.S. Attorney McGregor Scott said at a media-packed press conference in Sacramento. "And to those who would seek to retaliate against Muslim persons for the actions at issue in this case, Special Agent Keith Slotter and I have one simple word of advice -- don't."

Lodi stunned by allegations

The investigation and allegations were the buzz throughout Lodi on Wednesday.

A search of records at the local courthouse -- where the story was also the topic of conversation among clerks, attorneys and defendants alike -- revealed one case involving Umer Hayat.

The elder Hayat was arrested in August 2001 when he allegedly assaulted two children, then ages 9 and 8, according to San Joaquin County court records. Though prosecutors initially charged him with attempted kidnapping, they soon dropped that charge.

Mohammad Adil Khan (News-Sentinel photo)

The case centered around neighborhood children who were bothering him while he sold ice cream, then accused him of chasing them, said Stockton attorney Doug Jacobsen, who represented Umer Hayat in the case and recalled him as a "soft-spoken guy."

In November 2001, the elder Hayat pleaded guilty to a misdemeanor battery charge and was placed on three years of probation. He completed a court-ordered 16-week anger management program.

"He seemed like a serious guy, he really said he never did anything to those children. He readily agreed to the anger management and wanted to get the case behind him," Jacobsen said Wednesday.

Media crews swarmed the city to the point that police put up barricades on Acacia Street after getting complaints about media vehicles blocking the street.

One cab driver asked a reporter about possible hotels for out-of-town media members, and television reporters set up umbrellas in preparation for a long day in light rain.

Three years ago, shortly after the Sept. 11, 2001, terrorist attacks on the World Trade Center and the Pentagon, the News-Sentinel produced a special report on Lodi's Pakistani community. At the time, Editor Richard Hanner wrote:

"Since Sept. 11, 2001, the world's attention has been focused on Pakistan and other nations in or near the Middle East. With a sizable number of Pakistani immigrants, Lodi has a unique connection to the region. Many members of the broader Lodi community, however, remain unfamiliar with the culture and background of those with roots in Pakistan."

This week's arrest of two Lodi men, one of whom allegedly trained at an al-Qaida camp in Pakistan, and the detention of two Lodi Muslim leaders, has refocused attention on Lodi's Pakistani community.

For a fuller view of Lodi's Pakistani community, read our special report, which is available on the Lodinews.com Web site at http://www.lodinews.com/pakistan/

At Wednesday's Sacramento press conference, it was standing-room-only as TV, radio, newspaper and wire service reporters, primarily from Sacramento and the Bay Area, crammed in a small room.

Fifteen TV cameras were lined up side-by-side -- from one wall to the other -- to televise the press conference, and 18 TV and radio microphones were jammed on the podium.

Cauthen had 400 voice mails waiting for him by Wednesday afternoon.

Meanwhile, friends and neighbors expressed shock that Umer Hayat, who sold ice cream from a van, had been arrested.

"They are good people," said Karina Murillo, whose family rented part of Hayat's Acacia Street house, which had been divided into two residences. "We never had any problems with them."

City records show that Umer Hayat got a vendor's license in May 21, 1998, but that it became inactive in 2004 after he did not pay renewal fees.

Though he had a business number listed with the city, the telephone number has belonged to Lodi resident Paul Heaney since 2000.

Heaney has been besieged with media inquiries. The calls began coming in Tuesday night, and he stopped keeping track of the calls after ABC and the New York Times called him.

"I got the newspaper and looked at it this morning and said, 'OK, that's what it was all about.' It confirmed what one person had told me. ... He had mentioned al-Qaida," he said.

Officials: No need to fear

While some Lodi parents expressed concerns about ice cream sellers, Cauthen said he had no information that children were in any danger.

Timeline

June 7: Hamid Hayat and Umer Hayat appear in federal court, where they are charged with lying to federal agents. Judge Peter A. Nowinski denies bail and sets a preliminary hearing date for June 21. He also agrees to review Hamid Hayat's bail and sets a bail hearing for Friday afternoon.

June 6: U.S. Immigration and Customs Enforcement agents arrest Mohammad Adil Khan and Shabbir Ahmed for violating terms of their visas.

June 5: FBI agents arrest Hamid Hayat, then arrest his father, Umer Hayat, later that day.

June 4: Hamid Hayat and his father voluntarily go to the Sacramento FBI office, where Hamid Hayat takes a polygraph test.

June 3: FBI agents interview Hamid Hayat, and he denies being involved in any terrorist training camp, according to the FBI affidavit. His father, Umer Hayat, denies that his son is a terrorist.

May 29: Sacramento FBI agents are notified that Hamid Hayat is on a "No Fly" list but is on his way to San Francisco International Airport from Pakistan. The plane is diverted to Japan, Hamid Hayat is questioned, then allowed to continue to the United States.

May 27, 2005: Hamid Hayat leaves Pakistan to return to the United States.

April 21, 2003: Hamid Hayat arrives in Islamabad, Pakistan, according to an FBI affidavit.

-- News-Sentinel staff

Some media reports cited an affidavit released from the Department of Justice in Washington, reporting that hospitals and grocery stores were targets. But Aguilar's affidavit did not mention such allegations, and Cauthen said if there was any such threat, safety would take priority over an investigation.

"There's no immediate danger to public safety, with the information we have right now," Cauthen said by telephone Wednesday, and Scott echoed the sentiment at Wednesday's press conference.

Lodi Memorial Hospital spokeswoman Carol Farron said she had not been contacted by any government officials about possible threats.

"To charge that they are targeting hospitals and supermarkets when there's no evidence of it, it seems like hysteria to me," she said.

Hospitals nationwide have increased security since 9/11, Farron said, and have discussed ways to continue protecting patients and their relatives.

"It's an ongoing process," she said. "Unfortunately, as terrorists throughout the world are showing us, you can never be too prepared."

Investigation continues

Agents declined to comment on how long they had been investigating the case and whether there would be any further arrests, but said it was still ongoing.

"As we speak there are agents out in the field," Cauthen said Wednesday afternoon.

The Lodi investigation apparently picked up speed on May 29, when Hamid Hayat was returning from to the United States after spending two years in Pakistan, according to the FBI affidavit. His name was on a "No Fly" list, and the plane was diverted, then allowed to land in Japan.

There, officials interviewed Hamid Hayat, and he was allowed to continue on to the U.S.

He was again interviewed Friday, and said he would "never be involved with anything related to terrorism," Aguilar wrote.

The following day, Hamid Hayat and his father voluntarily went to the FBI office in Sacramento, where the younger Hayat took a polygraph test.

Click on the map for a larger image.

He was further questioned, and then allegedly admitted to attending the jihadist training camp, which provided "structured paramilitary training, including weapons training, explosives training, interior room tactics, hand to hand combat and strenuous exercise," as well as class lessons, according to Aguilar's affidavit.

Bush's photo was allegedly used as a target.

In Washington, the president said he had been briefed on the matter.

"I can assure the American people that we're following every lead," he said in an interview on Fox News. "The best way to protect America is to keep on the offense and bust up these terrorist networks overseas by doing two things: one, committing our troops and intelligence services to the task, and also spreading freedom."

News-Sentinel staff writer Ross Farrow and the Associated Press contributed to this report.

Contact reporter Layla Bohm at layla@lodinews.com.

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