U.S. District Court
Eastern District of California - Live System (Sacramento)
CRIMINAL DOCKET FOR CASE #: 2:05-cr-00240-GEB-1


Case title: USA v. Hayat et al

Magistrate judge case number: 

2:05-mj-00161-PAN
2:05-mj-00161-PAN


Date Filed: 06/16/2005


Assigned to: Judge Garland E. Burrell, Jr

 


Defendant

 

Hamid Hayat (1)

represented by

Wazhma Aziza Mojaddidi
Law Office of Wazhma Mojaddidi
7112 Agora Way
El Dorado, CA 95762

916-939-7357
Email: wazhma@sbcglobal.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained


Pending Counts

 


Disposition

MAKING A FALSE STATEMENT
(1-2)

PROVIDING MATERIAL SUPPORT TO TERRORISTS
(1s)

MAKING A FALSE STATEMENT
(2s-3s)

 

 


Highest Offense Level (Opening)

 

 

Felony

 

 


Terminated Counts

 


Disposition

None

 

 


Highest Offense Level (Terminated)

 

 

None

 

 


Complaints

 


Disposition

18:1001.F

 

 


Assigned to: Judge Garland E. Burrell, Jr

Plaintiff

 

USA

represented by

Laura Lynn Ferris
United States Attorney's Office
501I Street
Suite 10-100
Sacramento, CA 95814
(916) 554-2932
Fax: (916) 554-2900
Email: laura.ferris@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Robert Steven Lapham

United States Attorney
501 I Street
Suite 10-100
Sacramento, CA 95814
916-554-2700
Fax: 916-554-2900
Email: steven.lapham@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

S. Robert Tice-Raskin
U. S. Attorney's Office
501 I Street, Suite 10-100
Sacramento, CA 95814
(916) 554-2738
Fax: (916) 554-2900
Email: Robert.Tice-Raskin@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Sharon Lever
Counterterrorism Section
10th and Constitution Ave., N.W.
Washington, D.C. 20005
U.S.A
703-581-2043
Email: sharon.lever@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

Date Filed

#

Docket Text

06/07/2005

1

COMPLAINT as to Hamid Hayat (1). (Mena-Sanchez, L) [2:05-mj-00161-PAN] (Entered: 06/07/2005)

06/07/2005

2

ORDER signed by Judge Peter A. Nowinski on 6/6/05 ORDERING that the Complaint, the affidavit in support of the Complaint, and this order shall be SEALED until further order of this Court. (Mena-Sanchez, L) [2:05-mj-00161-PAN] (Entered: 06/07/2005)

06/07/2005

3

MINUTES for proceedings held on 6/7/2005 before Judge Peter A. Nowinski :INITIAL APPEARANCE as to Hamid Hayat. Government Counsel Steve Lapham present. Defense Counsel Johnny Griffin for Wazhna Mojaddidi present. Custody Status: In custody. Court Reporter/CD Number: Casey Forester, ECRO. Interpreter Hardip Judge present. All parties present. The deft was in custody. Attorney Johnny Griffin was present for Attorney Wazhna Mojaddidi who was previously retained. The deft was advised of his rights and the pending charges. The Court ordered that a Preliminary Examination be set for 6/21/2005 at 02:00 PM in Courtroom 25 (PAN) before Magistrate Judge Peter A. Nowinski. The Govt moved for detention. Counsel for deft objected and requested that the matter be continued to 6/10/2005 at 02:00 PM in Courtroom 25 (PAN) before Magistrate Judge Peter A. Nowinski. ; no opposition by the Govt. It was so ordered. The deft was ordered temporarily detained pending the detention hearing. TEXT ONLY (Cannarozzi, N) [2:05-mj-00161-PAN] (Entered: 06/08/2005)

06/08/2005

4

ORDER to UNSEAL CASE as to Hamid Hayat signed by Judge Peter A. Nowinski on 06/07/05. (Warren, P) [2:05-mj-00161-PAN] (Entered: 06/08/2005)

06/10/2005

5

MINUTES for proceedings held on 6/10/2005 before Judge Peter A. Nowinski :DETENTION HEARING as to Hamid Hayat. Government Counsel Steve Lapham present. Defense Counsel Wazhna Mojaddidi, Ret present. Custody Status: In custody. Court Reporter/CD Number: Kimberly Watkins. Interpreter Kamal Judge present. All parties present. The deft was in custody. After oral arguments from both the Govt and defense counsel, the deft was ordered detained. TEXT ONLY. (Cannarozzi, N) [2:05-mj-00161-PAN] (Entered: 06/10/2005)

06/10/2005

6

DETENTION ORDER as to Hamid Hayat signed by Judge Peter A. Nowinski on 06/10/05. (Cannarozzi, N) [2:05-mj-00161-PAN] (Entered: 06/10/2005)

06/14/2005

7

AMENDED DETENTION ORDER as to Hamid Hayat signed by Judge Peter A. Nowinski on 06/14/05. (Cannarozzi, N) [2:05-mj-00161-PAN] (Entered: 06/14/2005)

06/16/2005

8

INDICTMENT as to Hamid Hayat (1) counts 1-2, and Umer Hayat (2) count 3. (Krueger, M) (Entered: 06/16/2005)

06/16/2005

9

BIRTHDAY CARDS as to Hamid Hayat, and Umer Hayat. (Krueger, M) (Entered: 06/16/2005)

06/21/2005

10

MINUTES for proceedings held on 6/21/2005 before Judge Peter A. Nowinski :ARRAIGNMENT as to Hamid Hayat (1) Count 1-2 and Umer Hayat (2) Count 3. Government Counsel Robert Tice-Raskin present. Defense Counsel Wazhna Mojaddidi, Ret and Johnny Griffin, Ret present. Custody Status: In custody. Court Reporter/CD Number: Kimberly Watkins. Interpreter Kamal Judge present. All parties present. The defts were in custody. The Court advised the defts of their rights and the pending charges. NOT GUILTY PLEA ENTERED as to all counts by both defts with jury a jury trial demand. Counsel for the Govt moved to have a Status Conference set for 7/1/2005 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr; no opposition by either defense counsel. It was so ordered. Counsel for defense requested the matter be set for a Discovery hearing. The Govt did not oppose the motion for a Discovery hearing, however requested the matter be set next week. Counsel for the defense requested the matter be set for 06/24/05. It was so ordered. Discovery Hearing set for 6/24/2005 at 02:00 PM in Courtroom 25 (PAN) before Magistrate Judge Peter A. Nowinski. TEXT ONLY. (Cannarozzi, N) (Entered: 06/21/2005)

06/24/2005

11

MINUTES for proceedings held on 6/24/2005 before Judge Peter A. Nowinski :DISCOVERY HEARING as to Hamid Hayat and Umer Hayat. Government Counsel Steve Lapham and Robert Tice-Raskin present. Defense Counsel Wazhna Mojaddidi, Ret and Johnny Griffin, Ret present. Custody Status: In custody. Court Reporter/CD Number: Kimberly Watkins. Interpreter: Judge, present.All parties present. Both defts were in custody. The Court had previously scheduled discovery conference in chambers before the hearing set for today. Counsel for the Govt informed the court that they would release all discovery as previously stated during the conference in chambers and that a Protective Order would be filed for that discovery. Counsel for defense objected to this and requested complete discovery, to unseal the search warrants, return passports to family members and that no Protective Order should issue. The Court ordered the return of the passports, that discovery would proceed as stated on the record and that a Protective Order would issue. The Court further ordered that the matter be set for further hearing regarding discovery on 6/27/2005 at 02:00 PM in Courtroom 25 (PAN) before Magistrate Judge Peter A. Nowinski. TEXT ONLY. (Cannarozzi, N) (Entered: 06/24/2005)

06/27/2005

12

ORDER re disclosure to James Wedick only as to Hamid Hayat, Umer Hayat signed by Judge Peter A. Nowinski on 6/27/05. (Maloney, R) (Entered: 06/27/2005)

06/27/2005

13

NOTICE OF INVOCATION OF CLASSIFIED INFORMATION PROCEDURES ACT by USA as to Hamid Hayat, Umer Hayat (Tice-Raskin, S.) (Entered: 06/27/2005)

06/27/2005

14

MINUTES for proceedings held on 6/27/2005 before Judge Peter A. Nowinski :DISCOVERY HEARING as to Hamid Hayat, Umer Hayat. Government Counsel Steve Lapham and Robert Tice-Raskin present. Defense Counsel Wazhna Mojaddidi, Ret and Johnny Griffin, Ret present. Custody Status: In custody. Court Reporter/CD Number: Casey Forester, ECRO. Interpreter Kamal Judge present. All parties present. Both defts were in custody. The Govt informed the Court that all discovery, as known, pursuant to Rule 16 has been provided to the defts. Defense counsel disputes this and states that the Govt is not providing complete discovery. The Court inquires as to what discovery was provided to the defts. Defense counsel requests relief from the Protective Order. Specifically, counsel requests to make copies of the discovery provided for their investigator, that associate attorneys and staff working on this case be allowed to view the discovery and that the defts also be allowed to view the discovery. The Court ordered that copies of discovery can be made for counsels use, two associate attorneys working on the case are allowed to view the discovery and that the defts may view the discovery provided, but not portions of the Search Warrant affidavits. Defense counsel also requested an order from the Court to the Sacramento County Jail, which would allow the defts to be in the same room together in the presence of their counsel. Both parties will submit a stipulation and proposed order to the Court for signature. TEXT ONLY. (Cannarozzi, N) (Entered: 06/27/2005)

06/30/2005

16

ORDER as to Hamid Hayat and Umer Hayat signed by Judge Peter A. Nowinski on 06/30/05 ORDERING dfts be permitted to jointly meet with their respective counsel to review audio and video recordings at the Sacramento County Jail where they are currently detained. (Warren, P) (Entered: 06/30/2005)

07/01/2005

17

MINUTES for proceedings held before Judge Garland E. Burrell Jr.:STATUS CONFERENCE as to Hamid Hayat, Umer Hayat held on 7/1/2005. Court set briefing schedule re: government's request to invoke CIPA Procedures and government's request to declare the case complex. Government's brief due 7/6/05; defendants response due 7/11/05; government's reply due 7/11/05. Hearing scheduled for 7/15/05 at 10:00 a.m. In Court Hearing - CIPA Pretrial Conference set for 8/19/2005 at 1:00 PM. Jury Trial set for 8/23/2005 at 09:00 AM. Government Counsel Steve Lapham & Robert Tice-Raskin present. Defense Counsel Johnny Griffin for Umer Hayat & Wazhna Mojaddidi for Hamid Hayat present. Custody Status: In Custody. Court Reporter/CD Number: Kimberly Watkins. Interpreter Kamal Judge present. (Furstenau, S) (Entered: 07/01/2005)

07/06/2005

18

MOTION to EXCLUDE TIME UNDER SPEEDY TRIAL ACT by USA as to Hamid Hayat, Umer Hayat. Motion Hearing set for 7/15/2005 at 10:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Attachments: # 1 # 2 # 3 # 4 # 5)(Tice-Raskin, S.) (Entered: 07/06/2005)

07/06/2005

19

MOTION IN SUPPORT OF INVOCATION OF CLASSIFIED INFORMATION PROCEDURES ACT AND PRETRIAL HEARING REGARDING THE SAME by USA as to Hamid Hayat, Umer Hayat. Motion Hearing set for 8/19/2005 at 01:00 PM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Tice-Raskin, S.) (Entered: 07/06/2005)

7/11/2005

20

MOTION Defendants' Opposition to Govenment's Motion to Exclude by Umer Hayat as to Hamid Hayat, Umer Hayat. Motion Hearing set for 7/15/2005 at 10:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Griffin, Johnny) (Entered: 07/11/2005)

7/11/2005

21

MOTION Defendants' Opposition to Government's Motion to Exclude Time by Hamid Hayat. Motion Hearing set for 7/15/2005 at 10:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Mojaddidi, Wazhma) (Entered: 07/11/2005)

7/13/2005

22

REPLY to RESPONSE to MOTION by USA as to Hamid Hayat, Umer Hayat (Tice-Raskin, S.) (Entered: 07/13/2005)

7/15/2005

23

PROPOSED ORDER REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT by USA as to Hamid Hayat, Umer Hayat (Tice-Raskin, S.) (Entered: 07/15/2005)

7/15/2005

24

ORDER denying 18 Motion to Exclude as to Hamid Hayat (1), Umer Hayat (2) signed by Judge Garland E. Burrell Jr. on 7/15/05. (Furstenau, S) (Entered: 07/15/2005)

7/15/2005

25

ORDER REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT signed by Judge Garland E. Burrell Jr on 7/15/05 denying 18 MOTION to EXCLUDE as to Hamid Hayat and Umer Hayat (Duplicate entry of #24 with image attached).(Davis, D) (Entered: 07/15/2005)

7/15/2005

26

MINUTES for proceedings held before Judge Garland E. Burrell Jr.:MOTION HEARING re: government's Motion to Exclude Time Under the Speedy Trial Act, as to Hamid Hayat, Umer Hayat held on 7/15/2005. Motion submitted. Government Counsel Steve Lapham & Robert Tice-Raskin present. Defense Counsel Johnny Griffin for Umer Hayat and Wazhna Mojaddidi for Hamid Hayat present. Custody Status: In Custody. Court Reporter/CD Number: Kimberly Watkins. Interpreter Kamal Judge for Hamid Hayat present. (Furstenau, S) (Entered: 07/20/2005)

8/02/2005

27

ORDER signed by Judge Garland E. Burrell Jr. as to Hamid Hayat and Umer Hayat ORDERING John P. Molinard is designated Court Security Officer in this action. Further, the following security specialists are designated as alternate Court Security Officers in this action: Christine E. Gunning, Daniel O. Hartenstine, Jennifer H. Campbell, Mary M. Cradlin, Michael P. Macisso, James P. Londergan, Barbara J. Russell, and Glenn R. Bensley. (Waggoner, D) (Entered: 08/02/2005)

8/02/2005

28

MINUTE ORDER: A trial confirmation hearing is scheduled for 8/5/05 at 10:30 a.m. Ordered by Judge Garland E. Burrell Jr. on 8/2/2005. (Furstenau, S) (Entered: 08/02/2005)

8/04/2005

29

MOTION to VACATE Trial Date and for Order Finding Excludable Time by USA as to Hamid Hayat, Umer Hayat. Motion Hearing set for 8/5/2005 at 10:30 AM before Judge Garland E. Burrell Jr.. (Lapham, Robert) (Entered: 08/04/2005)

8/05/2005

30

ORDER signed by Judge Garland E. Burrell Jr. on 08/05/05 as to Hamid Hayat, Umer Hayat ORDERING that 60 days are to be EXCLUDED from the Speedy Trial Act clock; the trial date currently set for 8/23/05 is VACATED; the CIPA hearing is CONTINUED to 11:00 on 10/7/05 and the status conference is SET for 3:00 PM on 10/7/05 before Judge Garland E. Burrell Jr. in Courtroom 10. (Carlos, K) (Entered: 08/08/2005)

8/08/2005

31

MINUTES for proceedings held before Judge Garland E. Burrell Jr.:TRIAL CONFIRMATION HEARING as to Hamid Hayat, Umer Hayat held on 8/5/2005. Start: 8/5/05 Stop: 8/19/05 JT vacated; CIPA hearing previously scheduled for 8/19/05 is rescheduled for 10/7/05 at 11:00; status conference scheduled for 10/7/05 at 3:00 p.m. Government Counsel Steve Lapham and Robert Tice-Raskin present. Defense Counsel Johnny Griffin for Umer Hayat and Wazhma Mojaddidi for Hamid Hayat present. Custody Status: In Custody. Court Reporter/CD Number: Kimberly Watkins. Interpreter Kamal Judge for both defendants present. (Furstenau, S) (Entered: 08/08/2005)

8/15/2005

32

MOTION for RECONSIDERATION of Bail by Umer Hayat. Motion Hearing set for 8/22/2005 at 02:00 PM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. (Griffin, Johnny) (Entered: 08/15/2005)

8/15/2005

33

MOTION for RECONSIDERATION OF BAIL by Hamid Hayat. Motion Hearing set for 8/22/2005 at 02:00 PM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. (Mojaddidi, Wazhma) (Entered: 08/15/2005)

8/18/2005

34

TRANSCRIPT of Initial Appearance and Detention Hearing as to Hamid Hayat and Umer Hayat held on 6/7/05 before Magistrate Judge Peter A. Nowinski. (Forester, C) (TEXT ONLY) (Entered: 08/18/2005)

8/18/2005

35

TRANSCRIPT of detention hearing as to Hamid Hayat held on 6/10/05 before Magistrate Judge Peter A. Nowinski. Court Reporter: Kimberly Watkins. (Carlos, K) Modified on 8/19/2005 (Carlos, K). (Entered: 08/19/2005)

8/19/2005

36

MEMORANDUM/RESPONSE in OPPOSITION by USA as to Hamid Hayat, Umer Hayat 's Motion For Reconsideration Regarding Release On Bond (Attachments: # 1 # 2 # 3)(Tice-Raskin, S.) (Entered: 08/19/2005)

8/22/2005

37

JOINT REPLY TO GOVERNMENT'S OPPOSITION by Umer Hayat as to Hamid Hayat, Umer Hayat. (Griffin, Johnny) Modified on 8/22/2005 (Marcotte, D). (Entered: 08/22/2005)

8/22/2005

38

CLERK'S NOTICE of DOCKET CORRECTION: Parties are notified that docket entry #37 was entered incorrectly on the docket by the filer as a joint motion for reconsideration. The document is in fact the defendants' reply to the government's opposition to the motion for reconsideration. (Marcotte, D) (Entered: 08/22/2005)

8/22/2005

39

MINUTES for proceedings held before Judge Dale A. Drozd : MOTION HEARINGS as to Hamid Hayat, Umer Hayat held on 8/22/2005 re 33, 32 MOTIONS for RECONSIDERATION of Bail. Dfts present. Counsel previously retained. Interpreter for Umer Hayat. Court reviewed chronology of detention hearings. Defense argued allegations changed which changed the circumstances of detention. Court should not rely on Judge Nowinski's allegations of other charges as contained in the Govt's affidavits. Court read from transcript. Defense argued the court should rely on the charge from the grand jury and not on other alleged charges. Defense raised issue of not going to trial and not knowing when the trial date will be set. Court requested information from the Govt regarding issue of danger to the community as to dfts. Govt offered to furnish case citations to the Court to address issue of danger. After hearing, for reasons stated on the record, dfts? Motions for reconsideration of bail set for 8/23/2005 at 02:00 PM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd to allow parties time to address issue of danger.Government Counsel Robert Tice-Raskin, Steven Lapham present. Defense Counsel Wazhma Mojaddidi, Johnny Griffin present. Custody Status: in custody. Court Reporter/CD Number: 1. Interpreter Hardip Judge present. (Buzo, P) (Entered: 08/22/2005)

8/23/2005

40

MEMORANDUM/RESPONSE in OPPOSITION by USA as to Hamid Hayat, Umer Hayat Motion for Reconsideration Regarding Release on Bond (Lapham, Robert) (Entered: 08/23/2005)

8/23/2005

41

MINUTES for proceedings held before Judge Dale A. Drozd : MOTION HEARING as to Hamid Hayat, Umer Hayat held on 8/23/2005 re 33 MOTION for RECONSIDERATION OF BAIL filed by Hamid Hayat, 32 MOTION for RECONSIDERATION of Bail filed by Umer Hayat. Dfts present. Court stated the recent vacating of trial date and setting status of discovery is not a changed circumstance.After hearing for reasons stated on the record, Court deemed dfts? motions to reconsider bail as motions to reopen detention hearing. Motions to reopen detention hearing denied. For reasons indicated on the record and PTS report, Court found this is an extreme high risk flight case, and while a bond and conditions of release possibly could be fashioned to address extreme flight risk concerns. Government Counsel Steven Lapham, Robert Tice-Raskin present. Defense Counsel Wazhma Mojaddidi, Johnny Griffin present. Custody Status: in custody. Court Reporter/CD Number: Casey Forester. Interpreter Hardip Judge present. (Buzo, P) (Entered: 08/25/2005)

8/26/2005

42

TRANSCRIPT of as to Hamid Hayat, Umer Hayat held on 8/5/05 before Judge Garland E. Burrell. Court Reporter: Kimberly Watkins. (Carlos, K) (Entered: 08/30/2005)

9/12/2005

43

MOTION for RECONSIDERATION OF BOND by Hamid Hayat. Motion Hearing set for 9/19/2005 at 02:00 PM in Courtroom 24 (GGH) before Magistrate Judge Gregory G. Hollows. (Attachments: # 1 Exhibit Attachment "D"# 2 Exhibit Attachment "A"# 3 Exhibit Attachment "B"# 4 Exhibit Attachment "C")(Mojaddidi, Wazhma) (Entered: 09/12/2005)

9/12/2005

44

MOTION for RECONSIDERATION REGARDING RELEASE ON BOND by Umer Hayat. Motion Hearing set for 9/19/2005 at 02:00 PM in Courtroom 24 (GGH) before Magistrate Judge Gregory G. Hollows. (Attachments: # 1 Exhibit Attachment A - Appraisal# 2 Exhibit Attachment B - Appraisal# 3 Exhibit Attachment C - Appraisal# 4 Exhibit Attachment D - Appraisal)(Griffin, Johnny) (Entered: 09/12/2005)

9/14/2005

45

NOTICE OF CHANGE OF HEARING DATE by Umer Hayat as to Hamid Hayat, Umer Hayat re 44 MOTION for RECONSIDERATION REGARDING RELEASE ON BOND (Griffin, Johnny) (Entered: 09/14/2005)

09/21/2005

46

TRANSCRIPT of Motion Hearing as to Hamid Hayat and Umer Hayat held on 8/22/05 before Magistrate Judge Dale A. Drozd. (TEXT ONLY) (Forester, C) (Entered: 09/21/2005)

09/21/2005

47

TRANSCRIPT of Motion Hearing as to Hamid Hayat and Umer Hayat held on 8/23/05 before Magistrate Judge Dale A. Drozd. (TEXT ONLY) (Forester, C) (Entered: 09/21/2005)

09/21/2005

48

MEMORANDUM/RESPONSE in OPPOSITION by USA as to Hamid Hayat, Umer Hayat 's Second Motion for Reconsideration Regarding Release on Bond (Attachments: # 1 Cover Page, Table of Contents, Table of Authorities)(Tice-Raskin, S.) (Entered: 09/21/2005)

09/21/2005

49

MEMORANDUM/RESPONSE in OPPOSITION by USA as to Hamid Hayat, Umer Hayat 's Second Motion for Reconsideration Regarding Release on Bond (Attachments: # 1 Cover Page, Table of Contents, Table of Authorities)(Tice-Raskin, S.) (Entered: 09/21/2005)

09/22/2005

50

INDICTMENT as to Hamid Hayat (1) count(s) 1s, 2s-3s, Umer Hayat (2) count(s) 4s. (Kastilahn, A) Additional attachment(s) (Penalty Slip) added on 9/22/2005 (Kastilahn, A). (penalty slip) (Entered: 09/22/2005)

09/22/2005

51

BIRTHDAY CARDS for dfts Hamid Hayat and Umer Hayat. (Kastilahn, A) (Entered: 09/22/2005)

09/22/2005

52

GOVERNMENT'S SUPPLEMENTAL OPPOSITION to dfts' second motion for reconsideration regarding release (Tice-Raskin, S.) Modified on 9/28/2005 (Carlos, K). (Entered: 09/22/2005)

09/23/2005

53

REPLY to RESPONSE to MOTION by Umer Hayat (Levers, Clara) (Entered: 09/22/2005)

09/23/2005

54

MEMORANDUM by Hamid Hayat, Umer Hayat, USA Government's Second Supplemental Opposition to Defendants' Second Motion for Reconsideration Regarding Release on Bond (Tice-Raskin, S.) (Entered: 09/23/2005)

09/23/2005

55

MINUTES for proceedings held before Judge Gregory G. Hollows :ARRAIGNMENT as to Hamid Hayat (1) Count 1-2,1s,2s-3s and Umer Hayat (2) Count 3,4s held on 9/23/2005. NOT GUILTY PLEA ENTERED., BAIL REVIEW as to Hamid Hayat, Umer Hayat held on 9/23/2005. Defense Counsel Wazhma Aziza Mojaddidi withdraws her motion for Reconsideration of Bail as to Mr. Hamid Hayat due to the new charges against her client but, reserves the right to bring this matter back before the court at a later time. Government and Defense Counsel Johnny Griffin argue for and against release of Mr. Umer Hayat. After a lengthy argument the court takes the matter under submission and will issue an order by Monday or Tuesday of next week. Government Counsel Robert Tice-Raskin and Laura Ferris present. Defense Counsel Wazhma Aziza Mojaddidi and Johnny Griffin III present. Custody Status: In Custody. ECRO: CASEY FORESTER, CD Number: 1 of 1. Interpreter Kamal Judge present. (Callen, V) (Entered: 09/23/2005)

09/26/2005

56

ORDER as Hamid's counsel withdrew any request for detention review, dft Hamid Hayat shall remain detained both as a danger to the community and as a flight risk 43; dft Umer Hayat is ordered released subject to terms and conditions: a bond in the amount of $1,200,000 must be posted 43. The bond may be secured with the property proffered by the dft unless the United States objects to the value of the subject property proffered; such objection must be formally made no later than 9/27/2005; the court will take up any objection on its 9/29/2005, 2:00 p.m. calendar; except for that part of paragraph 2(a) which requires a review of proposed security, this order shall not take effect until 9/30/2005; if the govt seeks review of this order with the assigned district judge on or before 9/30/2005, this order is stayed until such time that the review process is completed. signed by Judge Gregory G. Hollows on 9/26/2005. (Reader, L) (Entered: 09/26/2005)

09/26/2005

57

NOTICE Government's Ex Parte Notice of Intention to Appeal Magistrate Judge's Order Granting Release on Bail and Application for a Stay; [Proposed] Order by USA as to Umer Hayat (Tice-Raskin, S.) (Entered: 09/26/2005)

09/27/2005

58

ORDER as to Hamid Hayat, Umer Hayat signed by Judge Gregory G. Hollows on 9/27/05 ORDERING the Govt's Request to file an appeal brief on or before 10/11/05, and that any release be stayed pending review of its appeal by Judge Burrell 57 is GRANTED. However, in the event that release is confirmed, the govt shall transmit to Umer Hayat's counsel, in writing, no later than 10/3/05, any property problems which it views as unresolved. The hearing initially scheduled for 9/29/05 regarding the bona fides of the property is VACATED. (Krueger, M) (Entered: 09/27/2005)

09/27/2005

59

MOTION for RECONSIDERATION re 58 Order by Umer Hayat. Motion Hearing set for 9/29/2005 at 02:00 PM in Courtroom 24 (GGH) before Magistrate Judge Gregory G. Hollows. (Griffin, Johnny) Modified on 9/28/2005 (Krueger, M). (Entered: 09/27/2005)

09/28/2005

60

ORDER as to Umer Hayat signed by Judge Gregory G. Hollows on 9/28/05 ORDERING that the Court Amends the 9/27/05 Order 58. The government's appeal brief shall be filed on or before 10/7/05. The parties are directed to contact Judge Burrell's chambers to secure a date for hearing. (Krueger, M) (Entered: 09/28/2005)

09/28/2005

61

MEMORANDUM by Umer Hayat, Umer Hayat (Griffin, Johnny) (Entered: 09/28/2005)

9/29/2005

62

MINUTES for proceedings held before Judge Garland E. Burrell Jr.:STATUS CONFERENCE as to Umer Hayat held on 9/29/2005. Court set briefing schedule re: Government's appeal of the release order: government's brief due 10/7; defendant's opposition due 10/12/05; government's reply due 10/14/04 by 4:00 p.m. Hearing set for 10/17/2005 at 10:00 AM before Judge Garland E. Burrell Jr.. Government Counsel Robert Tice-Raskin & Laura Ferris present. Defense Counsel Johnny Griffin present. Custody Status: Appearance Waived. Court Reporter/CD Number: Diane Shepard. (Furstenau, S) (Entered: 09/29/2005)

9/30/2005

63

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Laura Lynn Ferris and Sharon Lever as attorney of record for USA, attorney Robert Steven Lapham terminated. (Ferris, Laura) Modified on 9/30/2005 (Reader, L). (Entered: 09/30/2005)

10/04/2005

64

Joint MOTION Request for Ongoing Joint Jail Visits with Respective Counsel by Hamid Hayat as to Hamid Hayat, Umer Hayat. (Mojaddidi, Wazhma) (Entered: 10/04/2005)

10/04/2005

65

PROPOSED ORDER by Hamid Hayat, Umer Hayat (Mojaddidi, Wazhma). (Entered: 10/04/2005)

10/05/2005

66

ORDER signed by Judge Garland E. Burrell Jr. as to Hamid Hayat GRANTING 65 Proposed Order (CR) filed by Hamid Hayat. Dfts Hamid Hayat and Umer Hayat shall be permitted to jointly meet with their respective counsel, Wazhma Mojaddidi and Johnny L. Griffin, III on an ongoing basis at the Sacramento County Jail where they are currently detained. (Waggoner, D) (Entered: 10/05/2005)

 

 

SERVICE BY MAIL: 66 Order served on Sharon Lever. (Waggoner, D) (Entered: 10/05/2005)

10/05/2005

67

TRANSCRIPT of proceedings as to Hamid Hayat and Umer Hayat held on 9/23/05 before Magistrate Judge Gregory G. Hollows. (TEXT ONLY) (Forester, C) (Entered: 10/05/2005)

10/06/2005

68

MOTION to EXCLUDE Time under the speedy trial act and to set a furthur status conference by USA as to Hamid Hayat, Umer Hayat. (Ferris, Laura) Modified on 10/7/2005 (Sherman, T). Modified on 10/7/2005 (Davis, D). (Entered: 10/06/2005)

10/06/2005

69

NOTICE to Defendants of the Ex Parte, In Camera Filing by the United States under seal pursuant to the Classified Information Procedures Act by USA as to Hamid Hayat, Umer Hayat (Ferris, Laura) (Entered: 10/06/2005)

10/07/2005

70

CLERK'S NOTICE of DOCKET CORRECTION: Reference to the motion hearing in entry 68 MOTION to EXCLUDE TIME filed by attorney Laura Ferris, has been removed from the docket text. A hearing is not set for this motion. (Davis, D) (Entered: 10/07/2005)

10/07/2005

71

MOTION for PROTECTIVE ORDER by USA as to Hamid Hayat, Umer Hayat. (Attachments: # 1 Proposed Order)(Ferris, Laura) (Entered: 10/07/2005)

10/07/2005

72

MOTION Government's Appeal of Magistrate Judge's Order Granting Release on Bail by USA as to Umer Hayat. Motion Hearing set for 10/17/2005 at 10:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Attachments: # 1 Cover Page, Table of Contents, Table of Authorities)(Tice-Raskin, S.) (Entered: 10/07/2005)

10/07/2005

73

MINUTES for proceedings held before Judge Garland E. Burrell Jr.:IN CAMERA HEARING as to Hamid Hayat, Umer Hayat held on 10/7/2005. (Furstenau, S) (Entered: 10/12/2005)

10/07/2005

74

MINUTES for proceedings held before Judge Garland E. Burrell Jr.:STATUS CONFERENCE as to Hamid Hayat, Umer Hayat held on 10/7/2005. T2 Start: 10/7/2005 Stop: 1/6/2006 In Camera Hearing set for 1/6/2006 at 11:00 AM before Judge Garland E. Burrell Jr.. Status Conference set for 1/6/2006 at 03:00 PM before Judge Garland E. Burrell Jr. Government Counsel Robert Tice-Raskin & Laura Ferris present. Defense Counsel Johnny Griffin for Umer Hayat and Wazhma Mojaddidi for Hamid Hayat present. Custody Status: In Custody. Court Reporter/CD Number: Kimberly Watkins. Interpreter Kamal Judge present. (Furstenau, S) (Entered: 10/12/2005)

10/12/2005

75

MEMORANDUM/RESPONSE in OPPOSITION by Umer Hayat To Government's Appeal From Order of Pre-Trial Release (Attachments: # 1 Table of Contents# 2 Exhibit Exhibit A# 3 Exhibit Exhibit B# 4 Exhibit Exhibit C)(Griffin, Johnny) (Entered: 10/12/2005)

10/14/2005

76

GOVT'S REPLY in SUPPORT of Appeal From Magistrate Judge's Order Granting Release on Bail (Attachments: # 1 Attachments to Reply Brief)(Tice-Raskin, S.) Modified on 10/18/2005 (Carlos, K). (Entered: 10/14/2005)

10/17/2005

77

MINUTES for proceedings held before Judge Garland E. Burrell Jr.:Appeal of Release Order as to Umer Hayat held on 10/17/2005. Matter referred to Pretrial Services for report. Further hearing scheduled for 10/20/05 at 4:00 p.m. Government Counsel Robert Tice-Raskin & Laura Ferris present. Defense Counsel Johnny Griffin present. Custody Status: In Custody. Court Reporter/CD Number: Kimberly Watkins. Interpreter Kamal Judge present. (Furstenau, S) (Entered: 10/17/2005)

10/20/2005

78

MINUTES for proceedings held before Judge Garland E. Burrell Jr.:Appeal of Release Order as to Umer Hayat held on 10/20/2005. Submitted, Court will issue an order. Government Counsel Robert Tice-Raskin & Laura Ferris present. Defense Counsel Johnny Griffin present. Custody Status: In Custody. Court Reporter/CD Number: Kimberly Watkins. Interpreter Kamal Judge and Hardip Judge present. (Furstenau, S) (Entered: 10/21/2005)

10/26/2005

79

ORDER signed by Judge Garland E. Burrell Jr. on 10/26/05 ORDERING dft Umer Hayat RELEASED subject to conditions. (Carlos, K) (Entered: 10/26/2005)

10/31/2005

 

SERVICE BY MAIL: 80 Order (CR) served on Sharon Lever (Carlos, K) (Entered: 10/31/2005)

10/31/2005

80

ORDER signed by Judge Garland E. Burrell Jr. on 10/31/05 as to Umer Hayat re the 10/26/05 Order 76 ORDERING the condition of Release No. 5 is reconsidered sua sponte A and is STRICKEN. (Carlos, K) (Entered: 10/31/2005) [ MILNET Condition 5 had to do with surveillance measures upon Umer Hayat upon relase -- requested by the government which the Judge ruled cannot be granted without prior motion or request, i.e., the government had not established the need -- presumably since Umer Hayat is innocent until proven guilty.  This does not preclude the government form turning around and going to a FISA court and getting the same surveillance assuming it can prove to the FISA court that Umer is a potential terrorist and requires said surveillance, it only means Judge Burrell is not going to grant the intrusion of privacy upon a defendant and others living at the residence.]

11/03/2005

81

ORDER signed by Judge Garland E. Burrell Jr. on 11/2/05 as to Hamid Hayat, Umer Hayat ORDERING the govt to submit a status report on any potential CIPA issue no later than 11/18/05. (Carlos, K) (Entered: 11/03/2005)

11/03/2005

82

RESERVICE of DOCUMENTS: Orders 7981 addressed to all parties to include service-by-mail of Sharon Lever. (Carlos, K) (Entered: 11/03/2005)

11/03/2005

 

SERVICE BY MAIL: 79 Order (CR), 81 Order (CR) served on Sharon Lever. (Carlos, K) (Entered: 11/03/2005)

11/03/2005

83

STATUS REPORT Regarding Review of Bond and Required Paperwork by USA as to Umer Hayat (Ferris, Laura) (Entered: 11/03/2005)

11/04/2005

84

ORDER signed by Judge Garland E. Burrell Jr. on 11/4/05 ORDERING docket entries 1 [36] [43] [44] 48 49 56 72 79 83 to be SEALED as they contain "personal data identifiers." Parties are ORDERED to file amended documents to replace the sealed docket entries [36] [43] [44] 48 49 72 and 83. The Clerk to replace docket entry 1 and docket entry 79 with redacted versions. (Carlos, K) (Entered: 11/04/2005)

11/04/2005

85

AMENDED ORDER signed by Judge Garland E. Burrell Jr. on 11/04/05 ORDERING dft Umer Hayat RELEASED subject to conditions. This amended order substitutes addresses of specific parcels of real property with the terms Properties 1-5. The modification striking condition of Release Number 5 effectuated by the order filed 10/31/05 has been incorporated. (Carlos, K) (Entered: 11/04/2005)

11/04/2005

 

SERVICE BY MAIL: Orders 84 85 served on Sharon Lever. (Carlos, K) (Entered: 11/04/2005)

11/07/2005

86

ORDER as to defendants Hamid Hayat, Umer Hayat signed by Judge Gregory G. Hollows on 11/7/05. As Hamid Hayat's counsel withdrew any request for detention review, defendant shall remain DETAINED. Defendant Umer Hayat is ordered RELEASED subject to following terms and conditions: a bond in amount of $1,200,000 must be posted. (refer to Order for further conditions). (Marciel, M) Modified on 11/7/2005 (Marciel, M). (Entered: 11/07/2005)

11/07/2005

 

SERVICE BY MAIL: 86 Order served on Sharon Lever. (Marciel, M) (Entered: 11/07/2005)

11/07/2005

87

DEFENDANT(S) MOTION to MODIFY CONDITIONS of RELEASE by Umer Hayat. (Attachments: # 1 Exhibit Exhibit A: Declaration of Safdar Afzal# 2 Exhibit Exhibit B: Sher Afzal)(Griffin, Johnny) (Entered: 11/07/2005)

11/09/2005

88

MINUTE ORDER: Any response to the defendant's motion to modify conditions of release shall be filed by 11/9/05. Ordered by Judge Garland E. Burrell Jr. on 11/9/2005. (Furstenau, S) (Entered: 11/09/2005)

11/09/2005

89

DEFENDANT(S) MOTION Approval of Bail Documents by Umer Hayat. (Griffin, Johnny) (Entered: 11/09/2005)

11/09/2005

90

MEMORANDUM/RESPONSE in OPPOSITION by USA as to Umer Hayat Motion for Modification of Conditions of Release (Ferris, Laura) (Entered: 11/09/2005)

11/09/2005

91

SEALED DOCUMENT (Reader, L) (Entered: 11/09/2005)

11/09/2005

92

SEALED DOCUMENT (Reader, L) (Entered: 11/09/2005)

11/09/2005

93

SEALED DOCUMENT (Reader, L) (Entered: 11/09/2005)

11/09/2005

94

SEALED DOCUMENT (Reader, L) (Entered: 11/09/2005)

11/09/2005

95

SEALED DOCUMENT (Reader, L) (Entered: 11/09/2005)

11/09/2005

96

MEMORANDUM/RESPONSE in OPPOSITION by USA as to Umer Hayat Motion for Approval of Bail Documents (Attachments: # 1 Exhibit)(Ferris, Laura) (Entered: 11/09/2005)

11/10/2005

97

REPLY to Government's OPPOSITION for Modification of Conditions of release by Umer Hayat (Griffin, Johnny) Modified on 11/15/2005 (Mena-Sanchez, L). (Entered: 11/10/2005)

11/14/2005

98

ORDER signed by Judge Garland E. Burrell Jr. on 11/14/05 ORDERING Condition 1 of the amended order 85 is MODIFIED as follows: a bond in the amount of $1,200,000 must be posted and secured with adequate security. Dft may proffer property or properties to secure the bond. The United States may object to the adequacy and value of the property proffered; such objection must be formally made before the duty Magistrate Judge no later than three (3) days after the property has been proffered by dft. (Carlos, K) (Entered: 11/14/2005)

 

 

SERVICE BY MAIL: 98 Order served on Sharon Lever. (Carlos, K) (Entered: 11/14/2005)

11/17/2005

99

OBJECTONS to proffered bail by govt. (Tice-Raskin, S.) Modified on 11/22/2005 (Carlos, K). (Entered: 11/17/2005)

11/17/2005

100

AMENDED MOTION for RECONSIDERATION OF BOND filed by Hamid Hayat, by Hamid Hayat. (Mojaddidi, Wazhma) Modified on 11/17/2005 (Brown, T). (Entered: 11/17/2005)

11/17/2005

101

RECEIPT of DEED as to Hamid Hayat and Umer Hayat. Receipt Number 202 14541. Property owners of 302 E. Acacia Street, Lodi, CA are Umer Khatab and Hamid Hayat. Deed number 2005-276022. (TEXT ONLY-NO IMAGE ATTACHED) (Girgis, C) (Entered: 11/17/2005)

11/17/2005

102

ORDER signed by Judge Garland E. Burrell Jr. on 11/17/05 as to Hamid Hayat, Umer Hayat ORDERING the 11/14/05 order 98 is AMENDED as follows: the words "it does not appear that" on page thirteen at line 26 are STRICKEN and in their place the words "are inadequate, based on the current record," are substituted. (Carlos, K) (Entered: 11/17/2005)

11/17/2005

103

CERTIFICATIONS OF COURT CERTIFIED INTERPRETER'S TRANSLATIONS of bond paperwork by Umer Hayat (Attachments: # 1 Affidavits(Levers, Clara) Modified on 11/23/2005 (Carlos, K). (Entered: 11/17/2005)

11/17/2005

104

DEFENDANT(S) MOTION for BAIL REVIEW and Defendant's Reply to Government's Objection by Umer Hayat. Motion Hearing set for 11/22/2005 at 02:00 PM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. (Griffin, Johnny) (Entered: 11/17/2005)

11/18/2005

105

NOTICE to Defendants of the Ex Parte, In Camera Under Seal Filing by the USA Pursuant to the Classified Information Procecures Act by USA as to Hamid Hayat, Umer Hayat (Ferris, Laura) Modified on 11/22/2005 (Krueger, M). (Entered: 11/18/2005)

11/18/2005

106

AMENDED ORDER signed by Judge Garland E. Burrell Jr. on 11/18/05 ORDERING Condition 1 of the Amended Order 85 is modified as follows: a bond in the amount of $1,200,000 must be posted and secured with adequate security. Dft may proffer property or properties to secure the bond. The United States may object to the adequacy and value of the property proffered; such objection must be formally made before the duty Magistrate Judge no longer than 3 days after the property has been proffered by Dft. (Carlos, K) Modified on 11/18/2005 (Carlos, K). (Entered: 11/18/2005)

11/21/2005

107

MEMORANDUM/RESPONSE in OPPOSITION by USA as to Umer Hayat Supplemental Objections To Proffered Bail (Tice-Raskin, S.) (Entered: 11/21/2005)

11/21/2005

108

ORDER signed by Judge Dale A. Drozd on 11/21/05: as to Umer Hayat, the court will GRANT 104 dft's request for an evidentiary hearing and DENY 107 gov's request for a stay or for additional time to brief the matter; Evidentiary Hearing set for 11/22/2005 at 02:00 PM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. (Kirkpatrick, S) (Entered: 11/21/2005)

11/22/2005

110

MINUTES for proceedings held before Judge Dale A. Drozd : EVIDENTIARY HEARING as to Umer Hayat held on 11/22/2005. Defense raised objection and requested appointment of counsel for witness Safdar Afzal with respect to Govt?s attempt to elicit an admission from witness. Court stated if Govt is attempting to elicit a falsehood from witness, Counsel will be appointed on behalf of witness. Court addressed Mike Bigelow as appointed counsel for witness, Safdar Afzal. Mr. Bigelow requested time to discuss matter with Govt. Request granted. Further Evidentiary Hearing set for 11/28/2005 at 01:30 PM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. Government Counsel Robert Tice-Raskin, Laura Ferris present. Defense Counsel Johnyy Griffin present. Custody Status: in custody. Court Reporter/CD Number: Casey Forester/1. Interpreter Hardip Judge present. (Buzo, P) (Entered: 11/23/2005)

11/23/2005

109

EX PARTE MOTION To Permit Government Witness to Testify on November 29, 2005 by USA as to Umer Hayat. (Ferris, Laura) (Entered: 11/23/2005)

11/28/2005

111

MINUTES for proceedings held before Judge Dale A. Drozd : EVIDENTIARY HEARING as to Umer Hayat held on 11/28/2005. Dft present. Defense informed the Court that Govt has not decided to waive immunity for witness Safdar Afzal. Matter discussed with appointed counsel, Michael Bigelow, who will advise his client not to testify. Mr. Bigelow addressed the Court regarding issue of immunity. Court addressed Mr. Bigelow as to witness invoking the 5th Amendment right to the posting of property. Mr. Bigelow requested immunity for Safdar Afzal. Govt informed the Court it is not waiving immunity. Court accepts Mr. Bigelow's perception of 5th Amendment right. Govt request testimony on direct and cross be stricken as stated on the record in open Court. Court addressed parties of proceeding with proffer. After discussion with counsel, Govt request to have their witness available. Matter continued to 11/29/05 at 1:00 pm. Further Evidentiary Hearing set for 11/29/2005 at 01:00 PM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. Government Counsel R. Tice-Raskin, Laura Ferris present. Defense Counsel Johnny Griffin, Wazhma Mojaddidi present. Custody Status: in custody. Court Reporter/CD Number: Casey Forester/1. Interpreter Harinder Dhillon present. (Buzo, P) (Entered: 11/28/2005) TRANSCRIPT of Evidentiary Hearing as to Umer Hayat held on 11/22/05 before Magistrate Judge Dale A. Drozd. (TEXT ONLY) (Forester, C) (Entered: 11/29/2005)

11/28/2005

112

TRANSCRIPT of Evidentiary Hearing as to Umer Hayat held on 11/22/05 before Magistrate Judge Dale A. Drozd. (TEXT ONLY) (Forester, C) (Entered: 11/29/2005)

11/29/2005

113

AFFIDAVIT/DECLARATION by Umer Hayat (Attachments: # 1 Affidavit Exhibit A: Certification of Translation of Appearance Bond)(Levers, Clara) (Entered: 11/29/2005)

11/29/2005

114

MINUTES for proceedings held before Judge Dale A. Drozd : EVIDENTIARY HEARING as to Umer Hayat held on 11/29/2005. After hearing of testimony and closing arguments, matter stands submitted. Government Counsel Robert Tice-Raskin, Laura Ferris present. Defense Counsel Johnny Griffin, Wazhma Mojaddidi present. Custody Status: in custodye. Court Reporter/CD Number: Casey Forester/1. Interpreter Hardip Judge, Harinder Dhillon present. (Buzo, P) (Entered: 11/30/2005)

12/02/2005

115

CERTIFICATION OF COURT CERTIFIED INTERPRETER'S translation of appearance bond to Hamid Hayat, Attachments: # 1Affidavit (Griffin, Johnny) Modified on 12/8/2005 (Carlos, K). (Entered: 12/02/2005)

12/05/2005

116

NOTICE of Ex Parte, In Camera Hearing on December 9, 2005 Pursuant to the Classified Information Procedures Act by USA as to Hamid Hayat, Umer Hayat (Ferris, Laura) (Entered: 12/05/2005)

12/06/2005

117

TRANSCRIPT of Further Proceedings re: Evidentiary Hearing as to Umer Hayat held on 11/28/05 before Magistrate Judge Dale A. Drozd. (TEXT ONLY) (Forester, C) (Entered: 12/07/2005)

12/06/2005

118

TRANSCRIPT of Further Proceedings re: Evidentiary Hearing as to Umer Hayat held on 11/29/05 before Magistrate Judge Dale A. Drozd. (TEXT ONLY) (Forester, C) (Entered: 12/07/2005)

12/06/2005

120

LETTER from C. Compton enclosed CJA 20 Appointment of Attorney Michael Bradley Bigelow as to Safdar Afzal signed by Judge Dale A. Drozd on 11/22/05. (Duong, D) (Entered: 12/09/2005)

12/09/2005

121

MINUTES for proceedings held before Judge Garland E. Burrell Jr.:IN CAMERA HEARING as to Hamid Hayat, Umer Hayat held on 12/9/2005. (Furstenau, S) (Entered: 12/09/2005)

12/09/2005

122

NOTICE to Defendants of Ex Parte, In Camera Under Seal Filing Pursuant to Classified Information Procedures Act by USA as to Hamid Hayat, Umer Hayat (Ferris, Laura) (Entered: 12/09/2005)

12/09/2005

123

NOTICE of Hearing Pursuant to Classified Information Protection Act by USA as to Hamid Hayat, Umer Hayat (Ferris, Laura) (Entered: 12/09/2005)

12/12/2005

124

ORDER RE PROFFERED PROPERTIES AND PROPOSED SURETIES signed by Judge Dale A. Drozd on 12/12/05 ORDERING that the defense Motion for an order compelling the government to grant Safdr Afzal immunity is DENIED. The Government's Motion for an order striking the testimony of Safdr Afzal is DENIED. The sureties proposed and the properties proffered by the defense are found suitable and sufficient to secure defendant Umer Hayat's release on the bail of $1.2 million and the conditions set by Judge Burrell. The government's request for a stay of this order is granted and the order shall be stayed for seven days from the date of this order; If no appeal or motion to reconsider is filed and noticed for hearing before Judge Burrell by the government within seven days of the date of this order, an order for the release of defendant Umer Hayat on the conditions previously set will be issued. (Mena-Sanchez, L) Document Redacted on 12/13/2005 (Holland, K). (Entered: 12/12/2005)

12/13/2005

125

CLERK'S NOTICE re 109 EX PARTE MOTION To Permit Government Witness to Testify on November 29, 2005; NOT TO BE SIGNED (Buzo, P) (Entered: 12/13/2005)

12/16/2005

126

PLAINTIFF(S) MOTION for PROTECTIVE ORDER PURSUANT TO CIPA AND F.R.CRIM.P.(16)(d)(1)[REDACTED] by USA as to Hamid Hayat, Umer Hayat. Motion Hearing set for 10/7/2005 at 01:30 PM before Judge Garland E. Burrell Jr.. (Tice-Raskin, S.) (Entered: 12/16/2005)

12/16/2005

127

PLAINTIFF(S) MOTION for PROTECTIVE ORDER PURSUANT TO CIPA AND F.R.CRIM.P. 16(d)(1) by USA as to Hamid Hayat, Umer Hayat. Motion Hearing set for 12/9/2005 at 01:30 PM before Judge Garland E. Burrell Jr.. (Tice-Raskin, S.) (Entered: 12/16/2005)

12/16/2005

128

PLAINTIFF(S) MOTION for PROTECTIVE ORDER PURSUANT TO CIPA AND F.R.CRIM.P. 16(d)(1) [REDACTED] by USA as to Hamid Hayat, Umer Hayat. Motion Hearing set for 12/16/2005 at 01:30 PM before Judge Garland E. Burrell Jr.. (Tice-Raskin, S.) (Entered: 12/16/2005)

12/19/2005

129

APPEAL FROM MAGISTRATE JUDGE DECISION to District Court (Ferris, Laura) (Entered: 12/19/2005)

12/20/2005

130

EXHIBIT Table of Contents and Authorities to Government's Appeal from Magistrate Judge's Order Approving Sureties and Properties by USA as to Umer Hayat. (Ferris, Laura) (Entered: 12/20/2005)

12/21/2005

131

Defendant's RESPONSE and Opposition to Government's Appeal From Magistrate Judge's Order Approving Sureties and Properties by Umer Hayat. Motion Hearing set for 12/23/2005 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Griffin, Johnny) Modified on 12/22/2005 (Duong, D). (Entered: 12/21/2005)

12/21/2005

132

ORDER as to Umer Hayat signed by Judge Garland E. Burrell Jr. on 12/21/05 ORDERING Evidentiary Hearing set for 12/23/2005 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Warren, P) (Entered: 12/21/200

12/23/2005

133

MINUTES for proceedings held before Judge Garland E. Burrell Jr.:Evidentiary hearing re: bail. Matter submitted. Court will issue a ruling. as to Umer Hayat held on 12/23/2005. Government Counsel Rob Tice-Raskin & Laura Ferris present. Defense Counsel Johnny Griffin present. Custody Status: In Custody. Court Reporter/CD Number: Kimberly Bennett. Interpreter Kamal Judge and Hardip Judge present. (Furstenau, S) (Entered: 12/23/2005)

01/04/2005

134

ORDER as to Umer Hayat signed by Judge Garland E. Burrell Jr. on 1/4/06 ORDERING the proposed sureties and proffered properties are inadequate. (Carlos, K) (Entered: 01/04/2006)

01/06/2005

135

MINUTES for proceedings held before Judge Garland E. Burrell Jr.:IN CAMERA HEARING as to Hamid Hayat, Umer Hayat held on 1/6/2006. (Furstenau, S) (Entered: 01/06/2006)

01/06/2005

136

MINUTES for proceedings held before Judge Garland E. Burrell Jr.:STATUS CONFERENCE as to Hamid Hayat, Umer Hayat held on 1/6/2006. Jury Trial set for 2/14/2006 at 09:00 AM before Judge Garland E. Burrell Jr.. Deadline for filing motions and motions in limine 1/13/06; oppositions due 1/23/06; replies due 1/30/06; Hearing on motions set for 2/3/2006 at 11:00 AM; Hearing on Motion for Protective order set for 1/27/06 at 3:00; CIPA hearing set for 1/27/06 at 11:00; jury instructions, voir dire, trial briefs, verdict form and joint statement to the jury to be filed by 2/10/06; Government Counsel Robert Tice-Raskin & Laura Ferris present. Defense Counsel Johnny Griffin & Wazhma Mojaddidi present. Custody Status: in Custody. Court Reporter/CD Number: Kimberly Bennett. Interpreter Kamal Judge and Hardip Judge present. (Furstenau, S) (Entered: 01/06/2006)

01/06/2005

137

EX PARTE STATUS REPORT by USA as to Hamid Hayat, Umer Hayat (Ferris, Laura) (Entered: 01/06/2006)

01/06/2005

138

PLAINTIFF(S) MOTION for PROTECTIVE ORDER Pursuant to CIPA and F.R.Crim.P. 16(d)(1) [REDACTED] by USA as to Hamid Hayat, Umer Hayat. (Ferris, Laura) (Entered: 01/06/2006)

01/06/2005

139

MOTION for Conference Regarding Hearing Pursuant to CIPA Section 6 and Fed. R. Evid. 104 Regarding the Admissibility of Certain Evidence by USA as to Hamid Hayat, Umer Hayat. Motion Hearing set for 1/27/2006 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Attachments: # 1 Exhibit)(Tice-Raskin, S.) Modified on 1/9/2006 (Girgis, C). (Entered: 01/06/2006)

01/10/2005

140

ORDER signed by Judge Garland E. Burrell Jr. on 1/09/06 as to Hamid Hayat, Umer Hayat ORDERING the CIPA hearing SET for 11:00 AM on 1/27/06, the trial date is SET for 9:00 AM on 2/14/06, parties shall file the required trial documents no later 4:30 PM on 2/10/06. (Carlos, K) (Entered: 01/10/2006)

01/11/2006

 

(DISREGARD ENTRY - Properties never receipted by the court) RECONVEYANCE of PROPERTY for Umer Khatab and Shahana Khatab. (Carlos, K) Modified on 1/11/2006 (Carlos, K). (Entered: 01/11/2006)

01/13/2006

141

NOTICE of Hearing Time for Conference Regarding Hearing Pursuant to CIPA Section 6 and Fed. R. Evid. 104 Regarding the Admis