Witness in Lodi terror case refuses to testify in bail hearing By DON THOMPSON Associated Press Writer SACRAMENTO A key witness in a federal terrorism investigation cited his right to avoid self-incrimination on Monday when he refused to answer questions that could help free a Lodi man awaiting trial. Safdar Afzal is one of three property owners who want to use their Lodi homes to guarantee that Umer Hayat will not flee if he is released on $1.2 million bail. Hayat is awaiting trial on a charge that he lied to the FBI by denying that his son attended an al-Qaida training camp in Pakistan last year. Assistant U.S. Attorney Laura Ferris said Afzal could face the same charge as Hayat because a statement he made to the FBI conflicts with his testimony in court. Afzal told the FBI he was not on good terms with Hayat, then testified last week that he has a very good relationship. Afzal's court-appointed attorney on Monday said he advised his client to answer no more questions that might put him in legal jeopardy. Hayat's attorney, Johnny Griffin III, said prosecutors are trying to intimidate Afzal. U.S. Magistrate Judge Dale Drozd is considering whether to strike all of Afzal's testimony or to require the government to grant Afzal immunity so he can testify. The hearing is set to resume Tuesday with testimony from one of the two FBI agents who initially questioned Afzal. Hayat, 47, appeared clean-shaven in court Monday. He had worn a full beard since before his arrest in June. He and his 23-year-old son, Hamid, are U.S. citizens who were arrested shortly after returning from Pakistan. Hamid Hayat remains in federal custody on charges of supporting terrorism and lying to investigators. A trial date has yet to be scheduled. 051129 002113 Copyright 2005 Associated Press. All rights reserved. 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