Trial by Fire

Two new attorneys—both 1997 UC Davis grads—find themselves at the center of the country’s and the world’s highest profile cases—the trials of Lodi’s Hamid Hayat, accused terrorist trainee, and of Sadam Hussein.

Wazhma Mojaddidi ’97 was only two years out of law school when she was asked to represent Hayat, and Air Force Capt. Mike McCoy ’97 recently spent a year in Iraq assisting the deposed dictator’s defense team.

Q&A with Wazhma Mojaddidi ’97

Photo: Lance Iversen/San Francisco Chronicle

Wazhma Mojaddidi ’97 was only two years out of law school when she was asked to represent a young Lodi man, Hamid Hayat, Mojaddidi had no criminal trial experience, but the 31-year-old mother of three understood the Muslim community and culture and spoke several languages, including Urdu, Hayat’s native language.

She had been born in Afghanistan but, after the 1979 Russian invasion, moved with her family to the United States when she was 5. The family eventually settled in Concord, and Mojaddidi went on to receive a political science degree from UC Davis and then a law degree from McGeorge School of Law. She now has her own practice in Sacramento, focusing on family, immigration, criminal and civil rights law.

On the Hayat case, she was joined by seasoned defense attorney Johnny Griffin III, who represented Hayat’s father on charges of lying about his son’s attendance at the training camp. The father and son were tried together before separate juries.

At the conclusion of the trial in April, Hayat was found guilty, but Mojaddidi was widely praised for her handling of the case. Her knowledge of Islamic religion and history, her ability to understand the recorded Urdu conversations between her client and an FBI informant, and her unfaltering self-confidence in the face of the formidable challenge stood her well. Hayat’s father’s case resulted in a hung jury, and he is now free after pleading guilty to a lesser charge; he was sentenced to time already served.

Hayat awaits sentencing—he faces up to 39 years in jail—and Mojaddidi is preparing for a November hearing where she will request a new trial based on a number of issues including gross jury misconduct and the judge’s refusal to let the defense’s FBI expert testify. She has asked Dennis Riordan, an expert appellate attorney, to join her this time, and she remains confident that her client will be freed. “I strongly believe that my client was not given a fair trial, she says, “and I’m confident that in a fair trial my client will be found innocent on all charges.”

Q: Did you have any qualms about taking on Hamid Hayat’s case? What made you decide to accept it?

A: I took the case because I truly believe in my client and his case, and I will fight until justice is served and he is freed.

Why do you think that the jury reached the verdict it did?

The jury engaged in misconduct, and they didn’t follow the instructions given to them by the judge. They were influenced by factors outside of the deliberation room. Those influences, coupled with the post-9/11 fears instilled in many Americans, definitely led to the guilty verdicts. The evidence—which is the only thing they should have considered—couldn’t possibly have led to a guilty verdict. It simply wasn’t there.

Were you ever the target of threats or hate mail for defending an individual accused of attending a terrorist training camp?

I was not. In fact I have received overwhelming support from all communities in my efforts. I think that many citizens are truly upset that this case went as far as it did. The federal government clearly took a rigid stance against an innocent man for political reasons.

What are your thoughts about the post-Sept. 11 atmosphere in this country and about that tragedy’s impact on Muslim Americans?

Unfortunately Muslim Americans have suffered for the acts of a few radical individuals who committed horrible acts in the name of Islam. It saddens me that Islam, a religion of peace, has been attached to these acts. We are a peaceful community and we condemn terrorists acts of any kind. We support the federal government in its fight against terrorism as long as it is indiscriminate.

What are your hopes as you move forward with the appeal?

I hope to get my client a new trial by a fair and impartial jury that will find him innocent. After seeing the lack of evidence in the government’s case, there is no way that 12 fair and impartial jurors will find him guilty beyond a reasonable doubt. There is much more than reasonable doubt in this case.

How have you found time for your three children during what must be a time of all-consuming trial preparation?

My children have loving grandparents, aunts and uncles who were very supportive and helpful throughout the trial. My husband’s flexible work schedule was also very helpful.

What have you learned from this experience?

I have learned countless things from this experience. But most importantly I have learned to be aggressive and fight for what I believe. Besides my fear in Allah, I truly fear nothing.

You came from a strict Muslim home and are raising your children the same way. How has your and their upbringing been different from the average American youth’s?

My parents have very traditional values that stem from my culture and my religion. As a girl I was taught modesty, and I see this virtue lacking in many young American girls. Children should enjoy their innocence and not be faced with the pressures of alcohol, drugs and promiscuity. I plan on raising my children to stay far, far away from all of these things.

How did that upbringing contribute to the person you are today?

I consider myself a person who enjoys a healthy balance of traditional values and modern ways of life.

Some adherents of Islam believe that a woman’s place is not in a courtroom as an outspoken attorney. Have you ever felt conflicted or constrained in your career choice?

Islam is a religion that promotes education of both men and women. My career choice allows me to help others using my education. There is no place in Islam for the belief that a woman’s place in not in the courtroom. That is pure ignorance. Throughout history there have been countless Muslim woman lawyers and judges who have been very influential in the Islamic world.

Most articles note that you don’t wear the traditional Muslim dress or the usual dark-suit courtroom attire in the courtroom. How do you describe your fashion style?

I admire the women who wear the traditional Muslim dress, and I hope someday to gain the strength to do the same. As to my fashion style, I am a fashion-conscious person who enjoys getting dressed in the morning. A little color never hurt anyone.

News articles note that you remained unflappable and mounted an aggressive defense throughout the trial. But what was running through your mind when confronted with an unfavorable ruling by the judge—who’s been described as impatient—or by a formidable prosecution witness?

Confidence is key. From day one, I have been confident in my client and his case. I was also confident that I knew the facts and evidence in the case better than anyone in that courtroom. With such confidence, I was ready to face any challenge.

What’s the single most memorable moment of this entire experience?

After the judge read the guilty verdicts, I put my head in my palms and my client tapped me on my shoulder to comfort me. He sees this simply as an obstacle on his path to freedom.

Q&A with Mike McCoy ’97

When news came in June of the murder of Khamis al-Obeidi, a key defense attorney for Saddam Hussein, it was a personal blow to Air Force Capt. Mike McCoy ’97. During the past year when McCoy had been in Iraq assisting the deposed dictator’s defense team, he had grown close to al-Obeidi, a father of six who had presented McCoy with a fine Persian rug when McCoy returned to the States.

Nor was this the first time that violence toward the defense team had left McCoy in grief. In all, three defense attorneys have now been killed, and McCoy had known and worked with them all.

It was a year of the highest highs and lowest lows, says McCoy, an attorney with the Judge Advocate General’s (JAG) Corps, and it was a rare opportunity for an attorney only a few years out of law school.

After McCoy graduated from UC Davis, he took a year off and enlisted in the Army Reserves. He then attended law school at Santa Clara University and was awaiting word on his bar results and on his application to the JAG program when the Sept. 11 attack occurred—only strengthening his interest in serving in the military.

He was assigned to work as a prosecutor of criminal activity, first at Barksdale Air Force Base in Shreveport, La., and then at Edwards Air Force Base near Los Angeles, but his goal was to go overseas, particularly to Iraq or Afghanistan. “I wanted to feel like I was contributing to the effort,” he explains.

Though new attorneys aren’t usually given an overseas assignment, his persistence earned him the nickname “Deploy McCoy” and got him his wish.

McCoy was assigned to the Regime Crimes Liaison Office in Baghdad, which was created to assist the Iraqi High Tribunal, the court that is prosecuting Saddam Hussein and other high-ranking members of the Baath party. His role was to serve as a liaison between the American military, which had physical custody of the accused, and the tribunal. It was primarily a coordination job: McCoy set up interviews and investigative hearings with the Iraqi defense attorneys, helped transport the attorneys safely to meet with their clients and was present to assist as legal issues arose. After the trial began, he was assigned specifically as liaison with the defense team. As such, he was present in the courtroom each day.

With the conclusion of his one-year assignment in May, McCoy is now in Colorado Springs, Colo. Having transferred to the Air Force Academy, he is teaching an introductory law course to cadets and finding that he often wishes he were back in Baghdad. “To be here now, having returned to what is considered a normal life—it’s more of an adjustment coming back than going out.”

Q: Why did you want to go into the Army Reserves after finishing school at UC Davis?

A: I knew I was going to law school in a year, so I went into the Reserves, and I chose the Army because I wanted a challenge. It was either that or go backpacking across Europe. So I found myself with a bunch of 18- and 19-year-olds going through 10 weeks of Basic Combat Training at Fort Jackson in South Carolina, being yelled at by drill sergeants. It was very broadening.

In Iraq, were you helping with Hussein’s defense?

I was not. I was simply, as were all the other Americans in this process, advising. I wasn’t giving legal advice or encouraging the defense in any sort of legalistic manner. But we all recognized that these men are entitled to a defense—to competent defense attorneys who will advocate strongly on their behalf.

You interacted with Saddam Hussein himself. What was he like?

As strange as this sounds, my first impression was that he was sort of a charismatic guy. He would smile and laugh, and even complement at all the right times. But there was a very palpable evilness that existed behind his phony façade. I felt that evilness every time I was near him. And as I learned more about the unbelievable suffering that he wrought on his country for so long, it was difficult for me to look at him with anything other than complete and total contempt.

What was the hardest part of your job in Iraq?

The hardest and the best part of the job was interacting with the Iraqi people because of their different cultures, different languages, different histories. I would get very frustrated at times if they weren’t seeing something the way I was seeing it. It was at those times that I had to remind myself that I was a guest in their country and it was I who needed to change my perspective. And at the same time, interacting with the Iraqi judges, prosecutors and defense attorneys was also the most rewarding. I have an understanding of Middle Eastern people that I didn’t have before I left, about their culture, their society, their politics.

Part of your job was to accompany the defense attorneys—who would go home to their families and law practices in the red zones—from the checkpoints to their meetings or court. Did you ever feel you were in danger?

You never felt safe, necessarily. You always had your guard up—we were always on the bad side of the checkpoint. Every time I’d go out there, I’d have on my body armor and Kevlar helmet with a loaded weapon on my side. But after six months of doing that, it got very routine and commonplace, and the fear and concern sort of wore off—which is not necessarily a good thing.

Was that before the first attorney was killed?

Exactly. The trial started Oct. 19. That next night we got a frantic call saying that one of the defense attorneys had been abducted from his office. I spent the whole night with the translator assigned to me, getting as much info as we could from the attorney’s family about his height, the clothing he was wearing, because we thought we could help find him. But his body was found the next morning.

His name was Saadun Janabi. He spoke fairly good English, had a son who was a doctor and a daughter who was also very well educated. He was a decent guy I trusted.

What was your most memorable moment?

The first day of trial, the prosecutor was giving his opening statements to the court, and he was wagging his finger at Saddam at a couple of points. Iraq had just had a constitutional referendum, and his finger was still stained with the blue ink that indicated he had voted. I thought it was very symbolic of what had happened. This is a Shia attorney arguing about what Hussein had done—a man who three years ago, if he had even said ‘boo’ to Hussein, he and his family would have been killed. And he has his finger stained after voting in a free election on a new constitution for their country.