Lodinews.com

default avatar
Welcome to the site! Login or Signup below.
|
||
Logout|My Dashboard

Lodi man’s terror conviction upheld

Print
Font Size:
Default font size
Larger font size

Posted: Wednesday, March 13, 2013 6:26 pm

A federal appeals court on Wednesday upheld the conviction of a Lodi man who was sentenced to 24 years in prison for attending an al-Qaida terrorist training camp and plotting against targets in the United States.

Hamid Hayat was convicted in 2006 of providing material support to terrorists and lying to FBI agents. Prosecutors said Hayat, now age 30, planned attacks on hospitals, banks, grocery stores and government buildings.

He argued on appeal that the jury's foreman was biased, and that the trial judge improperly allowed the jury to consider prejudicial evidence from some witnesses while excluding mitigating testimony from the defense.

A three-judge panel of the 9th U.S. Circuit Court of Appeals split in upholding Hayat's conviction.

Hayat was arrested in June 2005 after he returned from spending two years in Pakistan. He had no prior convictions.

An FBI informant courted Hayat as a friend and secretly recorded their conversations. Hayat discussed jihad, praised al-Qaida and expressed support for religious governments in Pakistan and Afghanistan. He also made a videotaped confession after an all-night FBI interrogation following his arrest.

Judge A. Wallace Tashima dissented from his two colleagues, saying he would have overturned the conviction. He criticized what he called a case of "anticipatory prosecution" spurred by the government's efforts to fight terrorism.

"The government asked a jury to deprive a man of his liberty largely based on dire, but vague, predictions that the defendant might commit unspecified crimes in the future," Tashima wrote, highlighting "might" in italics.

Hayat's appellate attorneys, Dennis Riordan and Donald Horgan of San Francisco, did not immediately comment. They could ask the appeals court to reconsider the decision, or appeal to the U.S. Supreme Court.

U.S. Attorney Benjamin Wagner said the decision "confirms that Hayat received a fair and constitutional trial."

Hayat is serving his sentence at a medium security federal prison near Phoenix, according to a U.S. Bureau of Prisons online database.

© 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

More about

More about

Rules of Conduct

  • 1 Use your real name. You must register with your full first and last name before you can comment. (And don't pretend you're someone else.)
  • 2 Keep it clean. Please avoid obscene, vulgar, lewd, racist or sexually oriented language.
  • 3 Don't threaten. Threats of harming another person will not be tolerated.
  • 4 Be truthful. Don't lie about anyone or anything. Don't post unsubstantiated allegations, rumors or gossip that could harm the reputation of a person, company or organization.
  • 5 Be nice. No racism, sexism or any sort of -ism that is degrading to another person.
  • 6 Stay on topic. Make sure your comments are about the story. Don't insult each other.
  • 7 Tell us if the discussion is getting out of hand. Use the 'Report' link on each comment to let us know of abusive posts.
  • 8 Share what you know, and ask about what you don't.

Welcome to the discussion.

Video

Popular Stories

Poll

Loading…

Mailing List

Subscribe to a mailing list to have daily news sent directly to your inbox.

  • Breaking News

    Would you like to receive breaking news alerts? Sign up now!

  • News Updates

    Would you like to receive our daily news headlines? Sign up now!

  • Sports Updates

    Would you like to receive our daily sports headlines? Sign up now!

Manage Your Lists