1 2 3 4 5 6 7 8 9 DENNIS P. RIORDAN (SBN 69320) dennis@riordan-horgan.com DONALD M. HORGAN (SBN 121547) don@riordan-horgan.com LAYLI SHIRANI (SBN 257022) lshirani@gmail.com RIORDAN & HORGAN 523 Octavia Street San Francisco, CA 94102 Telephone: (415) 431-3472 Facsimile: (415) 552-2703 MARTHA BOERSCH (SBN 126569) BOERSCH SHAPIRO LLP 235 Montgomery Street, Suite 835 San Francisco, CA 94104 Telephone: (415) 217-3700 Mboersch@boerschshapiro.com 10 11 12 13 14 TED SAMPSELL-JONES (MN SBN 034302X) William Mitchell College of Law 875 Summit Avenue St. Paul, MN 55105 Telephone: (651) 290-6348 ted.sampselljones@wmitchell.edu Attorneys for Defendant HAMID HAYAT 15 16 UNITED STATES DISTRICT COURT 17 EASTERN DISTRICT OF CALIFORNIA 18 19 UNITED STATES OF AMERICA, Plaintiff, 20 21 22 23 24 vs. HAMID HAYAT, Defendant. ________________________________ ) No. CR S-05-0240 GEB ) ) ) ) ) ) ) ) ) ) 25 26 27 28 VOLUME 2 - EXHIBITS U-DD IN SUPPORT OF MOTION FOR RELIEF UNDER 28 U.S.C. §2255 1 EXHIBITS INDEX 2 VOLUME 1: 3 Exhibit A - Dennis P. Riordan Declaration 2014 4 Exhibit B - Dennis P. Riordan Declaration 2007 5 Exhibit C - Sacramento Bee Article 3-14-13 6 Exhibit D - Johnny Griffin E-mail 9-9-07 7 Exhibit E - First Johnny Griffin Retainer 8 Exhibit F - Wedick Declaration 9 Exhibit G - Second Johnny Griffin Retainer 10 Exhibit H - Khatab checks 11 Exhibit I - Shirani Declaration 12 Exhibit J - Usama Ismail 302 13 Exhibit K - Arslan Hayat 302 14 Exhibit L - Sadiq Shoaib 302 15 Exhibit M - Sacramento Bee Article 7-25-05 16 Exhibit N - Donald M. Horgan Declaration 17 Exhibit O - Wazhma Mojaddidi E-mail 5-31-06 18 Exhibit P - Quin Denvir Declaration 19 NO EXHIBIT Q 20 Exhibit R - Doron Weinberg Declaration 21 Exhibit S - Attique Ur Rahman Declaration 22 Exhibit T - Muhammad Anas Declaration 23 VOLUME 2: 24 Exhibit U - Muhammad Daud Declaration 25 Exhibit V - Muhammad Usman Declaration 26 Exhibit W - Hammad Ishfaq Declaration 27 Exhibit X - Muhammad Qasim Declaration 28 Exhibit Y - Sajjad Ishfaq Declaration 1 1 Exhibit Z - Rafaqat Declaration 2 Exhibit AA - Saluddin Declaration 3 Exhibit BB - Muhammad Saeed Declaration 4 Exhibit CC - Nisar Ahmad Declaration 5 Exhibit DD - Shakeel Ahmad Declaration 6 VOLUME 3: 7 Exhibit EE - Fahim Ud Din Declaration 8 Exhibit FF - 9 Exhibit GG - Muhammad Nauman Declaration Pashmina Declaration 10 Exhibit HH - Malik Ihtesham Mumtaz Declaration 11 Exhibit II - Tayyaba Fahim Declaration 12 Exhibit JJ - Bibi Asma Declaration 13 VOLUME 4: 14 Exhibit KK - Maryam Mohiuddi Ahmed Declaration 15 VOLUME 5: 16 Exhibit LL - 17 Exhibit MM - June 9 New Dehli e-mail 18 Exhibit NN - Ghulam Hasnain Asser Declaration 19 Exhibit OO - Dec. 16 Letter 20 Exhibit PP - 21 VOLUME 6: 22 Exhibit QQ - Richard A. Leo Declaration 23 Exhibit RR - Ansari e-mail 24 Exhibit SS - 25 Exhibit TT - Chattha e-mail 26 Exhibit UU - Ahmed Subhy e-mail 27 Exhibit VV - Huda e-mail 28 Exhibit WW - Farooq e-mail Syeda Amna Hassan Declaration John Cline Declaration Umar e-mail 2 1 Exhibit XX - Saaleh e-mail 2 Exhibit YY - Gulfiya e-mail 3 Exhibit ZZ - 4 VOLUME 7: 5 Exhibit AAA - Ferris e-mail 6 Exhibit BBB - Haykel Declaration 7 Exhibit CCC - Tahir Anwar Declaration 8 Exhibit DDD - Letter re: camp 9 Exhibit EEE.1 - RT excerpts from trial Atlantic Monthly 10 Exhibit EEE.2 - 7/1/05 Hearing 11 Exhibit EEE.3 - 7/15/05 Hearing 12 Exhibit EEE.4 - 8/5/05 Hearing 13 Exhibit EEE.5 - 1/27/06 Hearing 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 EXHIBIT DECLARATION OF MUHAMMAD DAUD Son of Mohammad Yaqoob; Age: 34 years Resident of Madrassa Jamia Islamia, Muhalla Kashmir Road Sadar, Rawalpindi I, MUHAMMAD DAUD, declare as follows: I make this declaration based on my own personal knowledge and if called to testify I could and would do so competently as follows: I am Hamid Hayat’s friend, and my residence is in Rawalpindi. I have known Hamid since 1997. We memorized the Quran together. At the time (1997-2000), we were all in Rawalpindi, so we met almost every day. We visited each other regularly. At the time his interests were childish. He mostly played video games. He was not very religious from the start. He never prayed all of his prayers. Instead, when it was time for prayers, and the adults were busy with their namaz, we snuck out to play games. When he got meningitis in 2000, he was in Behboodi. When he came to Islamabad for treatment, Malik Ihtesham Mumtaz and I went to Shifa Hospital to see how he was doing. We were not able to talk to him much at the time. He was mostly silent, and sometimes he screamed in his feverish state. After his illness, he went back to America. When he came back in 2003, he spent a lot of time in Behboodi. We could not meet every day, but whenever he came to Rawalpindi with his mother, we went out for a meal. We met at least once or twice a month. We also went to his village countless times. We usually ate with him at his house, and sometimes went with him to the Baithak. The Baithak is a custom here, where people from the street or neighborhood congregate and chat, and play cards or cricket, or watch movies. I do not remember how many times we went to Behboodi during these two years (2003-2004). After meningitis, Hamid only grew in height. His mind remained like that of a child. If we spoke too loudly, he got scared. There is no question of him ever travelling alone. Even when he was travelling locally, he would take one of our friends with him. He had no clue about routes here. We also went to Behboodi on Hamid’s wedding (me and Ihtesham). He was very happy about the wedding at that time. We only met him once after the wedding (between December 2004 and May 2005). I did not see any special change in him at that time either. There was still the same childishness about him. I don’t understand the things that are being attributed to Hamid. Intellectually, he had the mind of a child. He accepted whatever we told him, no matter how absurd it was. We made a fool of him like that occasionally when we were joking around. The whole time we met him, he never spoke about going to Balakot. I don’t even think he knew where Balakot was. When he went to Multan with his friends, we were not with him. These days I am a schoolteacher and a Khatib. I was available to discuss the above matters in 2005 and would have provided evidence concerning such matters at that time if I had been asked to do so by Mr. Hamid Hayat’s counsel. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on 2 February, 2014 at Rawalpindi. Read, heard, and accepted as accurate. (Signature) (Oath Commissioner’s Stamp and Signature) EXHIBIT DECLARATION OF MUHAMMAD USMAN Son of Muhammad Uzair; Caste: Pathan; Age: 24 years Resident of Muhalla Mashriqi, Behboodi, Tehsil and District Attock I, MUHAMMAD USMAN, declare as follows: I make this declaration based on my own personal knowledge and if called to testify I could and would do so competently as follows: I am Hamid’s brother in law (his sister Najia’s husband), and I have known him since we were both children. I live in Behboodi. When Hamid came to Pakistan in 2003, we met almost every other day. He usually got up late every morning. He went out to play with his friends after Asr (afternoon prayer). When they played cricket at night, I was usually with them. Hamid was a simple guy. He was always in the village, except when he went to Rawalpindi with his mother. Apart from Behboodi and Rawalpindi, Hamid only travelled to Multan twice in Pakistan. As far as I know, he did not travel anywhere other than this. A friend of mine was getting married in a place called Abdul Hakeem near Multan, and Hamid went there with my brother and Muhammad Nauman. This was in October 2004. My maternal grandfather owns land there, and I went to school in Abdul Hakeem up till Matric (Grade 10) at Government High School Chak 9B8R. My family had a house there. Apart from the trip for the wedding, Hamid also went to Multan with me to meet mutual friends for a few days. The date of my marriage with Najia is January 3, 2005. Hamid was present at the Rukhsati (the end of the wedding ceremony, when the bride and groom leave the bride’s house) and the Walima (the ceremony the day after the wedding). According to our traditions, the brides’ side is seldom at the Barat (the wedding ceremony, right before the Rukhsati). Hamid did not participate in the Barat because he is Najia’s brother. In my opinion, Hamid was a good person. He was very simple, innocent and jolly. When a journalist came to Behboodi in 2005 to make a film, a lot of villagers testified that Hamid was present in the village and innocent. I remember clearly that Hamid never left Behboodi for more than a week. I was available to discuss the above matters in 2005 and would have provided evidence concerning such matters at that time if I had been asked to do so by Mr. Hamid Hayat’s counsel. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on 3 February, 2014 at Behboodi. Read, heard, and accepted as accurate. (Signature) (Oath Commissioner’s Stamp and Signature) 053cum 51?. PW. wgr?cwcwa . anmicrxm?fn?mbmErweCmu?tm aweEuh~??uc?r?L?8CcC 3a?ckaum aufhe.rr?.c( inhumanEVMWW gnu-bulk?gm?titc?xc Err Lw. ew?m? r. ?g Ur. v. .. blah...rc ....- I. I alga. on 2,1130%? . on . 2?59. Ht EXHIBIT DECLARATION OF HAMMAD ISHFAQ Son of Muhammad Ishfaq; Caste: Pathan; Age: 26 years Resident of Muhalla Mashriqi, Behboodi, Tehsil and District Attock I, HAMMAD ISHFAQ, declare as follows: I make this declaration based on my own personal knowledge and if called to testify I could and would do so competently as follows: I am Hamid’s cousin. My father and Hamid’s mother are cousins. When Hamid came to Pakistan between 2003 and 2005, we met very often. We sat together almost every day. It was Musharraf’s time, and the power used to go out very often. That’s why we usually played cricket in the evenings when we met. The village has a practice called Baithak. People from nearby or from the neighborhood get together and chat here. Hamid came to the Baithak every day between 8 pm and 11 pm. He never spoke about jihad and there was never anything like that. He did not even know how to hold a slingshot. He never spoke about training in a jihadi camp. Hamid and I were of the same age, and we had a lot of mutual friends. Hamid went to Multan to a friend’s wedding, and that guy is currently in Saudi Arab. When Hamid had meningitis, I was in Multan, so I cannot provide testimony about that. I just know about his routine in Behboodi. I went to Rawalpindi very little. I was available to discuss the above matters in 2005 and would have provided evidence concerning such matters at that time if I had been asked to do so by Mr. Hamid Hayat’s counsel. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on 3 February, 2014 at Behboodi. Read, heard, and accepted as accurate. (Signature) (Oath Commissioner’s Stamp and Signature) . v? . . fr. . .1 l-H_ 0 a. I, 4 . \33? - macarsuvragm?ijmmif Q, . 'qr ?r I a'amro'fi'? yap/S I Ir - ququ-?'mbir?aau 5! ?50" . .1- t. erwmm?qm Q/r?of?inda? rv cu: . s. ?(Golgi -- . A a f? Shoatm?n'v?fr?n?p'?nr?bf?fkf? Mfr?? ?qintr?jvr?r?mjf?fnm? ?rmed-1 (an . 5U wir'cc??r?rx??erWR?J . 510w.? arm EXHIBIT DECLARATION OF MUHAMMAD QASIM Son of Ghulam Subhani; Caste: Pathan; Age: 58 years Resident of Behboodi, District and Tehsil Attock I, MUHAMMAD QASIM, declare as follows: I make this declaration based on my own personal knowledge and if called to testify I could and would do so competently as follows: I have known Hamid since he was a child. I own a grocery store in Behboodi. I do not remember the exact month Hamid arrived in Pakistan or departed for America. But during 2003-05, we met when he came to my grocery store with Jabir and a few other friends. Sometimes we met at the mosque after Namaz (prayer) as well. Sometimes he left the village to go to Rawalpindi, and I did not see him during those days. He did not leave the village for more than a week. Hamid used to go to the Baithak every night. Some of the neighborhood boys usually played cricket there, and Hamid played with them. He was very gentle and simple. During his previous trip, he had become very ill, and his family had to take him to Shifa International. This was in the year 2000, and I do not know much about what happened. I seldom go to Rawalpindi and I have never travelled with Hamid. I was present at his wedding in December 2004 in Behboodi. I was available to discuss the above matters in 2005 and would have provided evidence concerning such matters at that time if I had been asked to do so by Mr. Hamid Hayat’s counsel. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on 3 February, 2014 at Behboodi. Read, heard, and accepted as accurate. (Signature) (Oath Commissioner’s Stamp and Signature) Pm. rm?tmvc k. RCIQ uc?axh Gi.c?.amasxcx90cG?mutNgk 9w3i?m?rm -Cucr. ?03?1 x: nu,? . oo .. Kwaanhnik (a \Cu kifxurnx .. . .. nu; .. .M . .fEr: RLCWE mm. nan. Cw ?mm?\the. 0154..30 3 Bath 9".an iv: Euuira?ixwaiat MN EXHIBIT DECLARATION OF SAJJAD ISHFAQ Son of Muhammad Ishfaq; Caste: Pathan; Age: 26 years Resident of of Muhalla Mashriqi, Behboodi, Tehsil and District Attock I, SAJJAD ISHFAQ, declare as follows: I make this declaration based on my own personal knowledge and if called to testify I could and would do so competently as follows: I am Hammad Ishfaq’s brother. My father and Hamid’s mother are cousins. My childhood was spent here in Behboodi. I met Hamid almost every day between 2003 and 2005. He usually got up around 10 or 11 am, and played cricket with us between Asr and Maghrib prayers. Before that, in the afternoons, he was usually at home where Hamid, Arslan Hayat, Mohammad Nauman and I played video games. Other than that, sometimes we went to Huzro city in the evening and played snooker (pool). Hamid had a lot of CDs with games, and he often went there to get more. He was crazy about games. He did not do much the rest of the day. We did not go to Rawalpindi, but we were always with Hamid in Behboodi. Apart from the four of us, Rafaqat, Salahuddin, and Usman were usually on the cricket field as well. In the winter of 2004, Hamid got married and we all participated in the wedding. Before his wedding, he was in Behboodi for months, and we met frequently. I was available to discuss the above matters in 2005 and would have provided evidence concerning such matters at that time if I had been asked to do so by Mr. Hamid Hayat’s counsel. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on 3 February, 2014 at Behboodi. Read, heard, and accepted as accurate. (Signature) (Oath Commissioner’s Stamp and Signature) wq?w?rh "?25"? w; c. .. . . mr?f?fMJ-?gair?fp?? . a :3 (WWnr-z (fr?1 . r/r 6' - ?061"; "To; opt?? a: Ga- a a z? rat/Q7) a? 557/4cf} ?r?moztr/G??qrfmo - 1? a 7:675"? 0' by - . 4 arclf?m?? On . rufjdf?). {9sz EXHIBIT DECLARATION OF RAFAQAT Son of Ameer Sultan; Caste: Pathan; Age: 34 years Resident of Behboodi, District and Tehsil Attock I, RAFAQAT, declare as follows: I make this declaration based on my own personal knowledge and if called to testify I could and would do so competently as follows: I am Hamid’s friend and I have known him since we were children. My residence is in Behboodi. When Hamid went to Multan in October 2004, I was with him. We went for four or five days, and we came back after attending Ahmad Nawaz’s wedding. We can get pictures of this wedding. During this trip, Hamid did not travel alone. I do not know much about Hamid’s activities in Rawalpindi, but in Behboodi Hamid played cricket in the afternoon and went to the Baithak in the evenings. This is a tradition of the village where people get together to talk and play cricket every evening between 8 and 11 pm. Nobody from our village has ever left for jihad. There are madrassas, but they only teach about the Quran and Islam. I also have a shop that Hamid visited once or twice a week to chat or gossip. He usually spent one or two hours at my shop. He did not have any special inclination towards religion. And he was very timid/ easy to scare. He never went anywhere alone. During the whole period between April 2003 and May 2005, he never left the village for more than a week. I was available to discuss the above matters in 2005 and would have provided evidence concerning such matters at that time if I had been asked to do so by Mr. Hamid Hayat’s counsel. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on 3 February, 2014 at Behboodi. Read, heard, and accepted as accurate. (Signature) (Oath Commissioner’s Stamp and Signature) Whammy du3q - Jig-iuaayru?wwLy? Di{332-23 - vaw ,1 a -149 U353 Mijj/bf?, W?ycpx??hf?q? 4?95new?sw? - . (in?vy. I 7vUzi. am ?agi1:1? - --. I . . 1 0* r: EXHIBIT AA DECLARATION OF SALAHUDDIN Son of Muhammad Younas; Caste: Pathan; Age: 24 years Resident of Muhalla Maghribi, Behboodi, Tehsil and District Attock I, Mohammad Saeed, declare as follows: I make this declaration based on my own personal knowledge and if called to testify I could and would do so competently as follows: I am Hamid Hayat’s relative. My mother and Hamid’s mother are cousins. When Hamid came to Pakistan between 2003 and 2005, I was in school in Behboodi. I used to meet him when we played cricket. This was between Asr (afternoon prayer) and Maghrib (prayer after sunset). I also went with Hamid to play snooker in Huzro. We usually went once a week or so. Hamid’s conduct was very good. He met with friends every day. In this entire twoyear period, Hamid never left the village for more than a week. I did not visit Rawalpindi, so I do not know about his routine there. But he was scared and he did not have the courage to travel alone. I was available to discuss the above matters in 2005 and would have provided evidence concerning such matters at that time if I had been asked to do so by Mr. Hamid Hayat’s counsel. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on 3 February, 2014 at Behboodi. Read, heard, and accepted as accurate. (Signature) (Oath Commissioner’s Stamp and Signature) WWLmtuokww?uickawf nacmVy Cgr,mc mEm?Ca 3% TN. Muf?n" 95.x. 1.. s\ v. v. Era. . . {ua rt kct?o rw Efxxb. Dad?urmh?b 3 a . Crusbe all a ?a \uklx?rhwt?91.. F. rumkt.? I a nib EXHIBIT BB DECLARATION OF MUHAMMAD SAEED Son of Jahandad; Caste: Pathan; Age: 28 years; Resident of Behboodi, Tehsil and District Attock I, MUHAMMAD SAEED, declare as follows: I make this declaration based on my own personal knowledge and if called to testify I could and would do so competently as follows: I have known Hamid since we were children. We met every day, and played cricket after Asr. At night, between 8 pm and 11 pm, we participated in a congregation during which we watched TV and played cricket. We mostly watched sports channels. Hamid never talked to me about Naseem Khan and I do not remember anything like that. I am a landowner by profession, and I have only been to Rawalpindi once or twice. I am ready to testify. I was always ready to testify. In fact, when we learned of these things, we were all very shocked. Hamid is not like this at all. I was available to discuss the above matters in 2005 and would have provided evidence concerning such matters at that time if I had been asked to do so by Mr. Hamid Hayat’s counsel. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on 3 February, 2014 at Behboodi. Read, heard, and accepted as accurate. (Signature) (Oath Commissioner’s Stamp and Signature) fk CC.wa 3. . I ma?kE?tf? Luci .r . .1 $11 xk. it?..UwutLuCt .f 3 \tol?iho . 33. 3 a .33 1.. En. w?sx?ix?xcma- i??giCtEc?w?gmalwk .. Chalk.? 3 3 .. CrQqu/urxw.h/b. anm . 3 . 3. bran 3mm EXHIBIT CC DECLARATION OF NISAR AHMAD Son of Fazal Ehsan; Caste: Pathan; Age: 23 years Resident of Muhalla Mashriqi, Behboodi, Tehsil and District Attock I, NISAR AHMAD, declare as follows: I make this declaration based on my own personal knowledge and if called to testify I could and would do so competently as follows: Hamid is my cousin – my paternal aunt’s son. I live in Behboodi. Whenever he came to Behboodi, we met a little. We usually greeted each other at my brother-in-law Qasim’s shop. When he came (to Pakistan) for his wedding, we met once or twice a week. We said hello. We also met for cricket once or twice. Hamid was very caring and soft-spoken. He respected (people.) He was civilized. We usually met after Maghrib (prayer just after sunset). He was usually chatting with friends at the shop. When he was in the village, we met almost every week. But he also spent time with his maternal uncles in Rawalpindi. I do not remember how many times he went to Rawalpindi. I was available to discuss the above matters in 2005 and would have provided evidence concerning such matters at that time if I had been asked to do so by Mr. Hamid Hayat’s counsel. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on 3 February, 2014 at Behboodi. Read, heard, and accepted as accurate. (Signature) Mgr/Y3!? @9911}, n, f3 o-LEa?Dlda?n?.blioa?xjiQJWL3613?%?UEcL?JJ Tub Lo ub aw??32:54: 521W it 3?3? a?vgagqu #303, 395,3? swish?? Cw? . ?235" $611,291? 372130? clansIlmri" EXHIBIT DD DECLARATION OF SHAKEEL AHMAD Son of Muhammad Ayaz; Caste: Pathan; Age: 31 years; Resident of Maghribi, Behboodi, Tehsil and District Attock I, SHAKEEL AHMAD, declare as follows: I make this declaration based on my own personal knowledge and if called to testify I could and would do so competently as follows: I am Hamid Hayat’s friend, and his wife’s cousin. I have known Hamid since we were children. He did not have any special activities. Sometimes he played cricket after Asr. I can testify about the period from April 2003 to the winter of 2004. We met almost everyday before Hamid’s wedding, but I was not in Behboodi at the time of the wedding in December 2004. I had gone to England. He was usually with Hammad, Sajjad and Abbas in the village, and he never travelled alone outside the village. At the time, I was a student at Huzro Degree College, so I cannot tell you about Hamid’s routine in the mornings. I attended Usman and Najia’s wedding in January 2005, and I saw Hamid there. I attended the wedding as the groom’s guest. Hamid had a very simple temperament from the start. We used to call him our “mad brother” jokingly. He did have a beard, but he did not pray namaz regularly. He was fond of Indian films, and he played cricket, cards and snooker at the Baithak every day. Compared to ‘Pindi, he was happier in the village, and he never left it on his own. He always travelled in the family car with the driver. He was very simple, and he could not have been involved in anything like terrorism. Nobody in the village could believe that he could do something like that. I was available to discuss the above matters in 2005 and would have provided evidence concerning such matters at that time if I had been asked to do so by Mr. Hamid Hayat’s counsel. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on 3 February, 2014 at Behboodi. Read, heard, and accepted as accurate. (Signature) (Oath Commissioner’s Stamp and Signature) J?Mol?om ug?d)? we.de . -L_Jal Jdi-"Uf,ww.a do; .Qtva?ogbqr?goma; 4 pl, UL, L?'fd?U? min/j," a. mu a, ?909; 4? C9 05933 Ufwsc?dwu?oxg felt? 2131If39%?wa - 142% -. .- . -. "1-.-- gzi(531.6Jj?r643??oluuguk?3 3?6? 19?? t.