SACRAMENTO - A federal magistrate judge on Monday gave defense attorneys and prosecutors another day to marshal their arguments on whether the two Lodi men charged with lying about their terrorist connections should be released on bail pending trial.
During a 50-minute hearing Monday, U.S. Magistrate Judge Dale A. Drozd found flaws in the arguments from both sides.
He continued the hearing to today to give prosecutors an opportunity to find case law supporting their contention that Umer Hayat, 47, and his son, Hamid Hayat, 22, should be held without bail as dangerous men, even though they are not charged with crimes of violence.
Meanwhile, the extra day will give Johnny Griffin III and Wazhma Mojaddidi, attorneys for the Hayats, time to beef up their argument that there has been a significant change in their clients' circumstances since early June, when they were ordered held without bail by U.S. Magistrate Judge Peter A. Nowinski.
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Nowinski found the Hayats to be flight risks and dangers to the community.
Drozd doubts there has been a change and is so far not buying the defense lawyers' argument that the lying charges in the indictment and the lack of a trial date constitute enough difference in circumstances since Nowinski ruled to allow a reconsideration of the detention orders.
- Denny Walsh