Lodi Terrorism Trial—Deliberations Continue

Last Tuesday, we mentioned that two federal juries had reached the third day of deliberations in the Lodi, California terrorism trial of Umer and Hamid Hayat. Today, those juries are still having trouble determining whether to convict or acquit the two men.^[1]

Yesterday afternoon, “[i]n a possible sign of trouble for prosecutors, a federal jury reported … that it was unable to reach a decision in the case against … Umer Hayat.”^[2] Late Friday, Hamid Hayat’s jury “also signaled that it was having problems with at least part of the government case [and] sent U.S. District Judge Garland E. Burrell a note reporting difficulties with some of the charges.”^[3] That note was sealed because it could have affected Umer’s jury.^[4]

The Hamid jury seems to have questions about the interrogation conducted by FBI agent Harry J, Sweeney, who “got Hamid Hayat to admit that he attended a training camp after suggesting that the FBI has satellite pictures of Hayat at the camp. Under cross-examination, [Mr.] Sweeney admitted that the FBI had no such pictures and that he was using an interrogation tactic to get Hayat to talk.”^[5] The jury is asking to hear a reading from the transcript relating to that testimony this morning.^[6] Judge Burrell asked them to resume deliberations, and if they “fail to reach agreement, the case that has taken two months to try would end in a mistrial.”^[7]

There seems to be no information on what is problematic for the Umer jury, but, like the Hamid jury, Judge Burrell read them an “Allen charge,” saying “Each of you … should ask yourself whether you should question the correctness of your current position.”^[8]

The juries have agreed to continue deliberations, and Umer’s jury had requested a vacuum cleaner, because the windowless room in which they deliberate “has apparently become messy enough to warrant a vacuum cleaner.”^[9] Instead of receiving the vacuum, however, Judge Burrell “ordered courthouse staff to clean both jury rooms.”^[10]

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[1] Rone Tempest, Terrorism Trial Hits a Roadblock, LA Times, Apr. 25, 2006.
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Id.
[8] See Demian Bulwa, Lodi Terrorism Jurors Say They Can’t Agree, San Francisco Chronicle, Apr. 24, 2006.
[9] Layla Bohm, Umer Hayat’s Jury Almost Deadlocked, But Ask For Vacuum First, Lodi News-Sentinel, Apr. 24, 2006.
[10] Id.