Rana seeks fresh hearing in his case

Chicago, Jul 26 (PTI) Tahawwur Rana, found guilty of
providing support to Pakistan-based terror group LeT with
co-accused David Headley and plotting attacks in Denmark, has
sought a fresh hearing, citing several omissions in his case.
Canadian-American Rana, through his attorney Patrick W
Blegen, has requested Judge Harry D Leinenweber to conduct a
'Franks hearing' in which the statements made by police
officers in an affidavit that was used to obtain a search
warrant in which evidence incriminated him are false and
constitute perjury or reckless disregard for truth.
Rana's residence was searched based on statements made
by his friend Headley and those statements are not credible,
the documents state. So Rana's house was not searched based on
truthful evidence.
Because of the omissions, the magistrate judge
reviewing the affidavit was left entirely unaware of evidence
exculpating Rana. Moreover, the government's own qualms about
Headley's credibility were also hidden, the documents say.
By omitting all references to Headley's exculpatory
statements regarding 50-year-old Rana, the affidavit denied
him the protection of a neutral magistrate's determination
whether, as a whole, the evidence was sufficient to amount to
probable cause.
"Wherefore, Defendant requests that the Court conduct
a Franks hearing and then enter its order suppressing as
evidence in this, or any other criminal proceeding, any and
all evidence, or fruits derived there from, obtained as a
result of the search of Defendant’s home and businesses," the
documents signed by Rana's attorney Patrick Blegen stated.