Hamid Hayat was convicted last year of terrorism-related charges linked to attending a jihadi training camp in Pakistan.  His defense attorneys cited several reasons they say a new trial is warranted—including the jury foreman’s phone call to an alternate juror during the original proceedings.  Chief Assistant U.S. Attorney Larry Brown acknowledged that the phone call was improper. 

“But that in and of itself does not constitute prejudicial misconduct warranting overturning the jury’s verdict. Instead the defense must demonstrate whether there was actual prejudice. They have utterly failed to do so…”
 
The judge Friday also questioned the Jury foreman in the case about allegations that he made a hangman’s gesture during discussions with another juror—something the foreman denied.  Hamid Hayat faces up to thirty-nine years in prison.