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Sighting of Terrorist in Lodi Questioned

Experts doubt an informant's testimony that he saw Al Qaeda's No. 2 leader there.

March 15, 2006|Lee Romney, Eric Bailey and Josh Meyer, Times Staff Writers

LODI, Calif. — An FBI informant shocked a Sacramento federal courtroom this week when he testified that he had frequently seen Al Qaeda's No. 2 leader in a mosque here during 1998 and 1999.

But terrorism experts and even federal officials expressed serious doubts Tuesday about Naseem Khan's testimony, saying there is little aside from his statements to suggest that Egyptian terrorist Ayman Zawahiri spent time in the sleepy Central Valley farming community.


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Defense attorneys said the statements raise serious credibility issues about Khan, the government's chief witness against a Lodi ice cream truck driver and his son.

If Khan's reliability becomes a factor in the case, the prosecution of Umer Hayat, 48, and his son, Hamid Hayat, 23, could become the latest in a long string of problems the federal government has faced in trying alleged terrorists. Earlier this week, a Virginia judge halted the sentencing trial of Al Qaeda conspirator Zacarias Moussaoui in order to investigate apparent witness tampering by a federal attorney in the case.

Elsewhere, prosecutorial missteps have prompted judges to toss out convictions, and several juries have sided with the accused. Jurors acquitted a Florida college professor whose support of a Palestinian group prompted a terrorism indictment, while a case flopped against an Idaho computer science student facing prison time for designing a website that included information on terrorists.

Khan, 32, testified that he first told the FBI about Zawahiri in late 2001. The bureau subsequently hired Khan and paid him more than $200,000 in salary and expenses to infiltrate Lodi's Muslim community and secretly record conversations there between 2002 and 2005.

The younger Hayat is charged with providing material support to terrorism by attending a Pakistani training camp in 2003. Both father and son are charged with lying to the FBI.

On Tuesday, the Pakistani community of farmworkers, welders and truck drivers, many of whom have lived in Lodi for generations, reacted to the reports that one of the world's most notorious terrorists may have lived and worshiped here with a mixture of outrage and disbelief that the government would take the testimony seriously.

"What would he be doing here? We are Pakistani," said shop owner Mohammed Shoaib. "If there were an Egyptian speaking Arabic somebody would have seen him." Most of the estimated 2,500 Muslims in Lodi speak Urdu or Pashto, two major Pakistani languages.

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