By Crescenzo Vellucci
Vanguard Sacramento Bureau
SACRAMENTO – The Trump Administration – more than a week after a federal judge overturned a nearly 14-year-old conviction of alleged “terrorist” Hamid Hayat – Friday finally released him from prison and the former cherry picker is on his way home in the Lodi-Stockton area, according to supporters.
Good news for Hayat, although he was expected to be freed last week.
Hayat’s release was in the hands of the Trump Dept. of Justice in D.C. after U.S. District Judge Garland Burrell Jr. a week ago Tuesday vacated Hayat’s 2006 sentence. He and other federal judges determined Hayat had ineffective counsel at trial and appears to have had a solid alibi to support the claim that he wasn’t part of a supposed dangerous “sleeper” terrorist cell based just south of Sacramento.
The court agreed with the appeal defense team – including lawyers in the U.S. and Pakistan – that Hayat’s original attorney was so inexperienced Hayat could not possibly have had a fair trial.
More than a dozen witnesses swore Hayat – accused of attending a terrorist training camp while he was visiting Pakistan – was in the U.S. at the time. Those witnesses were never called to testify.
Evidence that the terror camp was, in fact, closed during that time Hayat supposedly visited it was also withheld from the jury. Family maintained that he did go to Pakistan, but it was related to his mother’s health needs.
The U.S. legal team – there is also a team of lawyers and others in Pakistan – includes Dennis P. Riordan, Donald M. Horgan, Layli Shirani, Martha Boersch, and Ted Sampsell-Jones.
When the US Attorney in Sacramento refused to release Hayat last week, they were forced to file a petition asking for Hayat’s release. He was jailed in 2006.
“(H)e has endured over 14 years of confinement in his effort to prove that he was not guilty of the crimes with which he was charged. Now that his convictions have been vacated, any suggestion that Mr. Hayat would abandon his family and community in order to flee the Court’s jurisdiction, or would engage in any conduct that would again subject his family and community to the opprobrium that followed his 
arrest in 2005, is simply baseless,” the petition for his release said.
In the filing, the legal team charged the “government cannot establish any compelling interest in defendant’s continuing custody pending a final determination of the case in the event of any appeal,” and asked that Hayat and schedule a hearing to determine his ultimate fate.
Hayat’s lawyers noted that the “Court’s ruling in favor of defendant correctly construed and applied the legal principles governing defendant’s claims and rested on findings of fact concerning witness credibility that are virtually unchallengeable on appeal,” and said it would be “extraordinarily unlikely” the government would win on appeal.
The pleading claimed that Hayat had no criminal record before this episode, and has had a spotless record in prison. Lawyers suggested there was no “realistic risk of flight” by Hayat because of his “extensive” family ties in Lodi and Stockton, and that he would be employed and receive “all needed support services.”
To that point, Basim Elkarra, Council on American-Islamic Relations Sacramento Valley (CAIR-SV) Executive Director, said in a letter to the court that Hayat has “overwhelming” support in his community.
“I have been in communication with Hamid’s parents and family members who deeply miss him. They are eager to welcome him back home to live with them in Stockton. Business owners and employers in the community stand ready to offer Hamid suitable employment (and) the community is also willing to cover the cost of mental health and counseling support through nonprofit providers,” said Elkarra.
Several dozen family and friends wore looks of relief mixed with grim determination last week as they applauded the decision by a federal judge to overturn the conviction of Hayat, caught up in the wake of post 9/11 ant-Muslim sentiment after the 9/11 attack.
“Hamid has 14 years lost, behind bars. We ask U.S. Attorney McGregor Scott and the Department of Justice to show mercy and allow this young man to be released,” said CAIR’s Elkarra, adding that “At the time of Hamid’s case, the prosecution took advantage of anti-Muslim, post-9/11 bias to convict an innocent man. And this much-needed good news comes at a time when Islamophobia and bigotry as a whole (are) on the rise,” he said.
“I just want my brother back home. He’s been innocent for a long time. I want my brother back,” said Raheela Hyatt, the sister of Hamid Hayat. She wept quietly in front of the microphones Wednesday, admitting that she and her brother were “both crying” over the phone at the news and that he was “already packing.”
Attorney Riordan said, “The court’s decision correctly finds that Hamid was deprived of a fair trial by the failings of his inexperienced counsel, but it does much more than that. Two federal judges have found credible the testimony of multiple witnesses that Hamid could not have committed the crimes of which he was accused. That is effectively a finding of actual innocence,” said Riordan.
And Hayat’s family said that “We have been waiting 14 long years for Hamid to be freed. Hamid cannot get those 14 years of his life back, but we are relieved to see the case take such a big step forward. We miss him and hope to be reunited with him soon. We hope no other family has to endure this pain and sense of helplessness.”
From: Jaroslaw Waszczuk
Sent: Tuesday, August 6, 2019 10:32 AM
To: Dennis P. Riordan <dennis@riordan-horgan.com>
Cc: martha@boersch-illovsky.com; don@riordan-horgan.com; saad.sweilem3@gmail.com
Subject: Hamid Hayat -Motion for Miscellaneous Relief
MINUTE ORDER (TEXT ONLY) re 754 Motion for Miscellaneous Relief – CR Ordered by District Judge Garland E. Burrell, Jr on 8/2/19 The Motion for Release is referred to the Duty Magistrate. The motion shall be scheduled for hearing before the Duty Magistrate Judge. (Furstenau, S) (Entered: 08/02/2019)
Dear Mr. Riordan;
Any clue why District Judge Garland E. Burrell Jr. washed out his hands from Hamid Hayat and sent your motion to Magistrate Judge? I am assuming that Judge Barnes is the one to rule on the motion . ? I am wondering why you didn’t try the Ex -Parte instead of the regular motion . This is the urgent matter to release Hayat and Ex -Parte should be appropriate to file . Would you please let me know when you expecting the motion to heard by the Judge Barnes
I am quite convinced that if I would agree on July 29, 2019 to withdraw my opposition to the Respondent Motion for Protective Order (U.S Tax Court Whistleblower Case ) than District Judge Garland E. Burrell, Jr would not sign the Order on July 29, 2019 to overturn Hayat’s conviction . Hayat never should be locked up . His only fault was that he was member of Pakistani’s community in Lodi, CA where I live since 1989 . If you read the attached U.S Tax Special Trial Judge Order dated July 9, 2019 than you will find out how this Judge tried to convince me to withdrew my opposition to the Motion for Protective Order . My long Reply to the Order of which part was the Hamid Hayat case stated :
The Protective Order was the issue since March 20, 2019 and was resolved by the U>S Tax Court on July 31, 2019. Big money and 9/11.
“It was not a coincidence that a new FBI Director, Robert Mueller, appointed in September 2001, gave his okay to find the guy in Lodi and make him a dangerous terrorist and to make the terror case in Lodi, CA. Instead of opening a probe and conducting an investigation to find out who was directly and personally responsible for the ruthless attack on the California Power Grid that almost collapsed in 2001, the FBI Director, rather, ordered the creation of a terrorist and terrorist sleeping cell located in Lodi to serve as a scarecrow and sent 19-year-old Hamid Hayat to 24 years in Federal prison.
Robert Mueller and Janet Napolitano’s friend, Melinda Haag, was perfectly aware in May 2000–September 2001 who was responsible for the sophisticated scheme of the $40 billion fraud of the California Energy Crisis. They both worked during the relevant time in 2000–2001 for the U.S. Attorney’s Office in the Northern District of California. “
I am the third person from Lodi, CA who has been targeted since 2005 by the white collar criminals from the University of California backed up by the California government and judges and justices from the California Courts.
There has been a 14-year-long desperate effort by the UCOP mafia to frame and to deport me to my native country of Poland. In 1982, the Polish government sent Petitioner to the United States because of my participation in political activities in the anti-communist movement called “Solidarity” to liberate Poland from Soviet domination and communist rulers who had been enslaving the Polish people for 50 years. The UCOP mob also orchestrated an ill-crafted but unsuccessful attempt to provoke and kill me on May 31, 2012 along with portraying him as a Most Wanted Terrorist on September 26, 2012. These acts of terror involved Janet Napolitano’s friend from Arizona and former FBI agent and UCOP Director of Investigation John Lohse who was recruited by the UCOP mob in January 2004 and other criminally minded UCOP , UC Davis and UC Davis Medical Center thugs .
Regards
Jerry
JUDGE DEBORAH L. BARNES
On August 1, 2016, an attorney from the California Attorney General’s office, Deborah L. Barnes, was appointed to the U.S. District Court, Eastern District of California as a Federal Magistrate Judge. On March 23, 2016, I filed:
2016–present: Federal Magistrate Judge, Eastern District of California
2003–2016: Office of the Attorney General of California
Three days later, on August 3, 2016, Barnes was assigned to Lamont Williams v. SMUD in which the parties were represented respectively by Etan R. Rosen SBN 258608 from Beyer, Pongratz & Rosen and by David Burkett SBN 241896 from Porter Scott Law Corp.
The Sacramento Municipal Utility District was a participant in the scheme of fraud in the California Energy Crisis and participated in the UC Regent’s fraud as a buyer of laundered megawatts (electric power) worth tens of millions of dollars from the UC Davis 27 MW Cogeneration Power Plant. The power was generated and sold in violation of the Public Utility Regulatory Policies Act of 1978 (PURPA) Business and Professions Code § 17200 and Section 501(c)(3) of the Internal Revenue Code of 1954 and State of California Revenue and Taxation Code by laundering generated power and not paying taxes on the unlawful profit.
On August 3, 2016, the same day as Hon. Barnes was appointed to the case, SMUD’s attorney, David Burkett, submitted to the Court a Notice of Settlement and on the same day, August 3, 2016, the case was settled then disappeared from the public view on August 11, 2016.
On the same day, August 3, 2016, Judge Barnes was appointed to the 2005 terrorism case from Lodi, California, where I have been residing since 1989. The case The United States of America v. Hamid Hayat, Case No. 2:05-cr-00240-GEB-DB, was filed on June 16, 2005. Hamid Hayat was a 19-year-old cherry picker from Lodi of Pakistani descent who was accused of associating with terrorist organization Al-Qaeda, was jailed upon his return from Pakistan in May 2005, and prosecuted by Janet Napolitano friend, U.S. attorney from the Eastern District of California, McGregor Scott. Hayat was sentenced to 24 years in Federal prison in 2007.
After Enron’s collapse and the end of the energy crisis orchestrated by white collar crime, the California Attorney offices of AG Bill Lockyer, Jerry Brown, and Kamala Harris racked in hundreds of millions of dollars tax-free in kickbacks from the settlements between power corporations sucked into this sophisticated game of fraud, which cost the California economy and California taxpayers 40 billion dollars but benefitted white collars criminals from the University of California, the state government, and California Independent System Operator (CAISO) cronies. The tax evasion and the California Energy Crisis scam guardian was the California Attorney General’s office and the Energy Task Force crated by California Attorney General Bill Lockyer.
https://www.scribd.com/document/421423681/08-10-2019-Hamid-Hayat-The-Court-Order-to-Release-Hamid-Hayat-from-the-Federal-Prison-After-14-Years
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA, CASE NO. 2:05-CR-240-GEB-DB
Respondent/Plaintiff; V. ORDER TO RELEASE
HAMID HAYAT ,PETITIONER/DEFENDANT FORTHWITH AND TO EXCLUDE TIME UNDER THE SPEEDY TRIAL ACT
Petitioner/Defendant. COURT: Hon. Garland E. Burrell, Jr.
For the reasons set forth in the Joint Stipulation to Release Petitioner/Defendant Forthwith and to Exclude Time Under the Speedy Trial Act, filed by Respondent/Plaintiff United States of America (the “government”) and Petitioner/Defendant, 1-Tamid Hayat, and for good cause shown, the Court finds:
On July 30, 2019, this Court entered an order vacating Hayat’s conviction and sentence after finding that Hayat’s privately-retained defense counsel, Wazhma Mojaddidi, provided him with Constitutionally ineffective representation during his 2006 criminal trial.
2.Thereafter, Hayat filed a motion for release, which remains pending.
Pursuant to the Speedy Trial Act, 18 U.S.C. § 3161, et seq., Hayat is entitled to a re-trial within 70 days from this Court’s July 30, 2019 order.
4.The parties now propose to resolve Hayat’s motion for release, and to exclude time for
the purpose of computing the deadline under the Speedy Trial Act by which a re-trial must commence. Specifically, Hayat agrees to submit to the following pre-trial release conditions: a. Hayat agrees to submit to pre-trial supervision by the United States Probation Office and
comply with the below conditions and certain standard reporting requirements set forth in an Exhibit to the Court’s Order;
b. Hayat agrees to limit his travel to within the geographic boundaries of the Eastern District of California and to seek advance permission from the supervising officer or the Court for any travel outside those boundaries;
c. Hayat agrees not to seek a new United States passport or a passport from any other country;
d. Hayat agrees not to travel outside of the geographic boundaries of the United States;
e. Hayat agrees to submit to a voluntary curfew at a residence approved by the supervising officer between the hours of 10:30 p.m. and 6 a.m., and agrees to seek advance approval from the supervising officer or the Court for any deviations from that curfew;
Under the above conditions, the United States does not oppose Hayat’s motion for
release.
The parties also jointly seek a status conference before this Court on September 20, 2019, to address scheduling for a re-trial.
The parties agree that a re-trial will require substantial preparation by Defense Counsel, as set forth in the parties’ stipulation, and jointly request this Court exclude for purposes of calculating the deadline by which a re-trial must commence under the Speedy Trial Act, the period between the date on which this Court enters this order and September 20, 2019, inclusive, under Local Code T4.
The parties stipulate and agree that Defense Counsel believes that failure to grant the above-requested continuance would deny Defense Counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
10. The parties stipulate and agree that the ends of justice served by excluding time as set forth in this stipulation outweigh the interest of the public and Hayat in a trial within the original date prescribed by the Speedy Trial Act.
11. The parties further agree and stipulate that they will move to vacate the status conference should the United States decide not to pursue a re-trial in this matter, and, in that instance, the release conditions set forth above shall terminate upon the United States’ filing of a motion to dismiss the Second Superseding Indictment.
12. Nothing in this order shall preclude a finding that other provisions of the Speedy Trial
Case 2:05-cr-00240-GEB-DB Document 757 Piled 08109119 Page 3 of 5
Act dictate that additional time periods are excludable from the period within which a trial must commence.
Accordingly, pursuant to the parties’ stipulation and for good cause shown, it is hereby
ORDERED that, the Bureau of Prisons (“BOP”) shall release Petitioner/Defendant Hamid Hayat from custody forthwith but no earlier than a date and time the BOP determines acceptable after consultation with Hayat’s counsel of record; and it is further
ORDERED that:
a. Hayat shall submit to pre-trial supervision by the United States Probation Office for the Eastern District of California and comply with the below conditions and those set forth in Exhibit 1 to this Order;
b. Hayat shall not travel outside of the geographic boundaries of the Eastern District of California without advance permission from the supervising officer or the Court;
c. Hayat shall not to seek or obtain a new United States passport or a passport from any other country;
d. Hayat shall not travel outside of the geographic boundaries United States;
e. Hayat shall submit to a voluntary curfew at a residence approved by the supervising officer between the hours of 10:30 p.m. and 6a.m., and seek advance approval from the supervising officer or the Court for any deviations from that curfew; and it is further ORDERED that, the parties shall appear for a status conference September 20, 2019, to address scheduling for a re-trial in this matter; and it is further
ORDERED that, under Local Code 14, the period between the date of this Order and September 20, 2019, inclusive, shall be excluded for purposes of calculating the deadline by which a re-trial must commence under the Speedy Trial Act, 18 U.S.C. 3161 (h)(7)(A), B (iv); and it is further
ORDERED that, the parties shall move to vacate the status conference should the United States decide not to pursue a re-trial in this matter, and, in that instance, the release conditions set forth herein shall terminate upon the United States’ filing of a motion to dismiss the Superseding Indictment, and it is further
ORDERED that, nothing in this order shall preclude a finding that other provisions of the
Case 2:05-cr-00240-GEB-DB Document 757 Piled 08109119 Page 4 of 5
Speedy Trial Act dictate that additional time periods are excludable from the period within which a trial must commence.
IT IS SO ORDERED.
Dated: 8/9/2019
BWRELL,
Senior United States District Judge
Case 2:05-cr-00240-GEB-DB Document 757 Filed 08/09/19 Page 5 of 5
Exhibit I; Additional Supervision Requirements
1. You shall report to and comply with the rules and regulations of the Probation Office:
2. You shall report in person to the supervising officer within 72 hours of your release from custody;
You arc to reside at a location approved by the supervising officer and not move or absent yourself from this residence for more than 24 hours without the prior approval of the supervising officer;
4. You shall cooperate in the collection of a DNA sample;
5. You shall not possess a firearm/ammunition, destructive device, or other dangerous weapon; additionally, you shall provide written proof of divestment of all firearms/ammunition currently under your control;
6. YOU shall refrain from excessive use of alcohol or any use of a narcotic drug or other controlled substance without a prescription by a licensed medical practitioner; and you shall notify the supervising officer immediately of any prescribed medication(s). However, medicinal marijuana, prescribed or not, may not be used;
7. You shall seek and/or maintain employment and provide proof of same as requested by the supervising officer;
S. You shall report any contact with law enforcement to the supervising officer within 24 hours.
Nobody is possibly going to read all that, why not post a few lines and a link?
Craig
Nobody cares on DV that guy spent 14 years in prison prosecuted by Napolitano’s] and McGregor Scot Mafia . This case was a Soviet a’Stalin’s era prosecution ” He is only one . You no need to read it . You don’t know the case .
THat’s just a bunch of incomprehensible nonsense you just posted. Find me one person who reads your full 5000 word post and that will astound me.
Craig
Don’t worry about .