On Monday a federal court in Sacramento will hold an evidentiary hearing on Hamid Hayat, 35, currently serving a 24-year sentence on terrorism charges. Hayat’s legal team will attempt to vacate the 2006 conviction, with support from the northern California division of the Council on American Islamic Relations.
“We welcome the court’s decision to hear new evidence in this case and hope that Mr. Hayat will be given a fair chance to present his appeal,” said CAIR executive director Basim Elkarra in a statement. “With Mr. Hayat’s case, there are legitimate concerns that he did not receive a fair trial.”
The Muslim Legal Fund of America “began funding the expenses for this case in 2014 because representatives were deeply concerned over growing evidence that Hayat was convicted largely on the basis of his religious identity rather than any evidence of wrongdoing.” According to MLFA executive director Khalil Meek, “Hayat was essentially convicted for possessing a prayer written on paper that asked God for protection. Imagine what impact this will have on everyone’s First Amendment rights if this conviction stands.”
Hayat’s lawyer Dennis Riordan, one of the top appeal attorneys in the nation, told the MLFA, “We believe that this is the most important legal case involving Muslim interests currently in courts of this country. This motion to vacate Hayat’s conviction is currently the best vehicle for exposing the harmful effects of anti-Muslim bias in American courtrooms.” Last June, Riordan told the Intercept, “It’s going to be obvious that, not only should he have prevailed at trial, but that he’s factually innocent.”
The January 29 hearing was ordered by federal judge Deborah Barnes, a relative newcomer to California’s Eastern District bench and a veteran of the California attorney general’s office. So Hayat’s CAIR and MFLA-backed legal team had done some judge shopping and it paid off. Barnes’ June 7, 2017 order raised “serious questions concerning the competency of the defense.”