U.S. v. Choudhry

ADDITIONAL CASES:Mohammad Ajmal Choudhry, Petitionerv.United States of America, Respondent17-CV-3946

DECISION & ORDER  On July 3, 2014, a unanimous jury found petitioner/defendant Mohammad Ajmal Choudhry (“Petitioner”) guilty of conspiracy to commit murder in a foreign country, fraud and misuse of a petition for an alien relative, and transmission of threats to injure. On May 7, 2015, this Court sentenced Petitioner to life imprisonment. Before the Court are (1) Petitioner’s motion for a new trial pursuant to Federal Rule of Criminal Procedure 33, and (2) Petitioner’s petition to vacate his conviction and sentence pursuant to 28 U.S.C. §2255. For the reasons that follow, both of Petitioner’s motions are DENIED.BACKGROUNDI. The Charges and Offense ConductOn June 6, 2014, the United States filed a superseding indictment charging Petitioner with (1) conspiracy to commit murder in a foreign country, in violation of 18 U.S.C. §§956(a)(1) and 956(a)(2)(A); (2) fraud and misuse of petition for an alien relative, in violation of 18 U.S.C. §1546(a); and (3) transmission of threats to injure, in violation of 18 U.S.C. §875(c). Superseding Indictment (S-2), ECF No. 77. The charges were filed following Petitioner’s arrest on February 25, 2013, in Brooklyn, New York, and stem from the murder of two individuals in Pakistan, Muhammad Asghar (“Asghar”) and Madeeha Asghar (“Madeeha”), the father and sister, respectively, of Shujat Abbas (“Shujat”), the forbidden love interest of Petitioner’s youngest daughter, Amina Ajmal (“Amina”). Gov’t Memo in Opp. to Petitioner’s Rule 33 Mot. and 2255 Pet. (“Gov’t Opp.”) at 3, ECF No. 136; Petitioner’s Memo in Supp. of Rule 33 Mot. (“Rule 33 Mot.”) at 1-2, ECF No. 124; Petitioner’s Memo in Supp. of 2255 Pet. (“2255 Pet.”) at 3-4, ECF No. 127.Amina was born in 1990 in Chiryawala, Pakistan. Trial Transcript (“Tr.”) at 435, ECF Nos. 94-98 & 102-04. In 1999, when she was nine years old, Amina moved to Brooklyn, New York, to live with her father. Id. at 435-37. She became a United States citizen in 2009. Id. at 453. In approximately 2001, Amina learned her father had arranged for her to marry Abrar Ahmed Babar (“Babar”), Amina’s cousin who lived in Pakistan. Id. at 454. In approximately 2007, Amina met Shujat while visiting Pakistan to attend her sister’s wedding, and she continued to communicate with him after returning to Brooklyn. Id. at 470-75. Amina kept her communications with Shujat a secret because she believed her father would not approve of her communicating with him. Id. at 475. In approximately 2008, Amina told her father she wanted to marry Shujat, not Babar, and Petitioner initially indicated that he would make arrangements for Amina to marry Shujat. Id. at 476-78, 481-82.In December 2009, Amina traveled with Petitioner to Pakistan to attend her cousin’s wedding. Id. at 481-82. When they were in Pakistan, Petitioner told Amina she was “too Americanized” and would remain in Pakistan for some time, and she lived in her family’s home in Chiryawala while her father returned to the United States. Id. at 483-85. While she was living in Pakistan with her family, Amina’s Uncle Akmal (“Akmal”)-Petitioner’s brother-learned Amina had been continuing to speak in secret with Shujat, and Akmal told her she must marry Babar. Id. at 485-500. When Amina refused, Akmal went to get a gun and threatened to kill her. Id. at 500-01. Petitioner also threatened Amina in telephone calls, stating “I don’t want to hear any more complaints from you or about you, and I will kill you if you do anything wrong now.” Id. at 502-03.Amina learned of the date on which she was supposed to marry Babar two days before the “nikkah” ceremony.¹ Id. at 513. When Amina expressed her desire not to marry Babar, Akmal threatened to kill her, and Akmal also told Amina her farther had given him permission to kill her if she did not marry Babar. Id. 513-16. Amina went forward with the nikkah and eight months later had a wedding celebration and subsequently moved in with Babar’s family in November 2012. Id. at 517-21. Amina was not allowed to return to the United States even after her wedding celebration was over. Id. at 543.In January 2013, with the assistance of Shujat and the United States Consulate in Pakistan, Amina planned and executed an escape to the United States. Id. at 544-55. Once in the United States, Amina contacted law enforcement officials because, as Amina explained, “[m]y family was threatening Shujat’s family, and I wanted them to prevent that.” Id. at 558-59. Amina explained her act of leaving Pakistan “dishonored” her family. Id. at 557-58.Amina’s concerns regarding the safety of Shujat’s family members were well-founded. In January 2013, Akmal fired a gun at Asghar and his wife, Rukhsana Kousar (“Rukhsana”), when they were in their car driving back to Chiryawala. Id. at 732, 737-41. Rukhsana testified she saw other members of Amina’s family at the scene of the shooting, as well as Babar. Id. at 740-42. Rukhsana testified Akmal and Amina’s other family members at the scene were holding firearms. Id. at 820-21. Asghar and Rukhsana were able to escape unharmed. Id. at 744-45. However, Amina’s family members continued to threaten Shujat’s family, including during a phone call between Asghar and an individual who Seemab Asghar (“Seemab”), Shujat’s sister, and Rukhsana believed to be Petitioner. In that call, the individual they believed to be Petitioner told Asghar, “[i]f our daughter will not come back to the home, we will kill all five of you, otherwise we will find your son and we’ll kill him…. This time, we shoot on your car. It was threatening, but next time we will shoot in the chest of all five of you.” Id. at 128-30, 752-54.On February 25, 2013, Asghar received a telephone call directing him to go to the home of a political leader. Id. at 770-71. Rukhsana testified that she went to meet Seemab after school at a bus stop, which is approximately a thirty-minute walk from her house, and arrived at the stop at around 1:35 P.M. Id. at 772. While Rukhsana and Seemab were walking home, they saw Asghar and Madeeha riding on a motorcycle driven by Zameer Abbas (“Zameer”), a relative who was living with their family at the time and driving them around, heading towards their home. Id. at 152-53, 223-24, 773-74. Seemab and Rukhsana testified they heard gunfire when they were approximately one block away from their home. Id. at 153-54, 774-75.Rukhsana testified she and Seemab ran towards the area where they heard the gunfire, and upon arriving, “[she] saw that [her] husband’s dead body was laying down.” Id. at 776. She testified Madeeha’s body was on the street surrounded by Akmal, Babar, Nisar (Babar’s father), and Sain Ashfaq (“Ashfaq”) (who worked for Mohammad Afzal Choudhry (“Afzal”), Petitioner’s brother, and lived in his house). Id. at 57-58, 779. Rukhsana testified she saw other individuals at the scene, including Javed Iqbal (a relative of Petitioner, see, e.g., id. at 1293), Mazhar Iqbal (Javed’s cousin, see, e.g., id. at 442), Ehsan Ullah, and Shahid Iqbal (Javed’s brother). Mat781-82.Rukhsana testified Akmal had a gun in his hand and he was hitting Madeeha’s body with it, and the other men also had guns and were kicking Madeeha. Id. at 776-77, 780-81. Rukhsana testified that Akmal pointed his gun at her and Seemab and said, “they are here, don’t let them go and they’re here to cry.” Id. at 776-77, 787. Rukhsana and Seemab then fled. Id. at 787.Seemab similarly testified that on February 25, 2013, she met her mother at the bus stop after school at approximately 1:35 P.M., and she started to walk home with her mother when she saw her father and sister, Madeeha, on a motorbike. Id. at 149-52. Seemab testified that when they were close to home, they heard gunfire. Id. at 153. Seemab testified she and her mother, Rukhsana, ran towards the sound of the gunfire. Id. at 154-55. Seemab testified she saw “[her] father’s dead body on the ground,” and she saw Akmal, Nisar, Babar, and Ashfaq standing around her sister, whose body was on a drain. Id. at 157-58. She testified Madeeha’s feet were shaking and Akmal, Nisar, Babar, and Ashfaq were kicking Madeeha’s body. Id. at 159. Seemab testified that all four men had guns in their hands, and Akmal said, “[t]hey talk a lot against our family, now I’m taking revenge.” Id. at 161. Seemab testified when the men saw her and her mother, they said, “don’t let them go, kill them.” Id. at 162. Seemab testified that she and her mother fled the scene. Id.II. Additional Evidence Presented During TrialIn addition to the testimony described above, the jury heard other evidence implicating Petitioner in the murders of Asghar and Madeeha. Specifically, the Government introduced into evidence six recorded telephone calls between Amina and Petitioner, which were recorded by the Department of Homeland Security with Amina’s consent between February 15, 2013 and February 25, 2013 (the day of the murders). Gov’t Opp. at 10-14; Gov’t Trial Exs. 101-106, collectively attached as Ex. C to Gov’t Opp. (“Gov’t Ex. C”), ECF No. 136-3. In those calls, Petitioner made a number of threats regarding Shujat’s family. Among other statements, Petitioner said, “[u]ntil I find you [Amina]…I won’t stop…I’m going to kill their whole family.” Gov’t Ex. C at 10 (ECF pagination). Petitioner also stated, “I will keep shooting at them, until you come back home…I will kill myself and also make sure I kill all of them.”² Id. at 11. In the final call, recorded shortly after the killings on February 25, 2013, Petitioner denied being involved in the killings but also made statements appearing to inculpate himself in the murders; for example, in response to Amina’s accusation that Petitioner was involved, Petitioner stated:I am not going to spare anyone. I swore on your mother, but you didn’t respect it. But I swear on my mother now and will keep that promise. I will not leave a single member of their family alive. My name is tainted everywhere in newspapers, on TV channels, that I am a man with no honor, my daughters are whores…[PAUSE] I have no place to show my face with dignity…[PAUSE]…you still have time. Think about it. In the next 24 hours, call me, wherever you are. If you are close by, I will come pick you up. If you are far away, I will send you airfare. Come back home.Id. at 51. Petitioner explicitly acknowledged having threatened Sbujat’s family, stating: “Oh, we have to threaten them…in order to have them bring you back to us. There is no doubt we threatened them.” Id. at 47.Homeland Security agents also uncovered evidence that Petitioner had mailed a falsified immigration petition naming Amina as the petitioner and Babar as the beneficiary. Gov’t Opp. at 14-15; Tr. at 296-97, 367-70. The immigration petition, dated December 1, 2012, was mailed from 817 Foster Avenue in Brooklyn, New York, which Amina testified is Petitioner’s address. Tr. at 369, 542. The petition indicated Amina was living at 817 Foster Avenue when the petition was completed and sent to the government, but Amina testified she was living in Pakistan as of December 1, 2012. Id. at 370, 540. Amina also testified she did not complete any immigration paperwork for Babar while she was in Pakistan. Id. at 537.The Government called Matthew Maguire from the U.S. Diplomatic Security Service of the Department of State as a witness. Id. at 921-22. He testified he took part in arresting Petitioner on February 25, 2013. Id. at 923. He testified that after Petitioner was read his rights, he initially asked to speak with a lawyer, but then Petitioner “began spontaneously speaking about the case.” Id. at 933-36. Agent Maguire testified Petitioner made several statements, including (1) Petitioner was upset Amina had not returned to the family home in Brooklyn; (2) Petitioner filed the visa petition mentioned above; (3) Petitioner “may have said he would kill the boy, which [Agent Maguire] understood to mean Shujat Abbas”; and (4) Petitioner’s brother Akmal “might have been at the scene of the murders in Pakistan earlier that day.” Id. at 937-38.The Government introduced additional evidence of Petitioner’s phone, financial, and work records further implicating him in the murders. Gov’t Opp. at 15-16. These records indicated that during the two days leading up to the January 2013 shooting incident described earlier, Petitioner’s cell phone was in contact with Pakistani phone numbers identified as being used by “Ak,” “Akmal,” and “Javed.” Id. at 15-16 (citing Tr. at 720,1032-33). An employee of Western Union Financial Services Incorporated testified that on February 5, 2013, someone who presented himself as Mohammad Choudhry with an address of 817 Foster Avenue in Brooklyn, New York sent $900.00 to a person presenting himself as Mohammad Akmal, and the money was picked up the following day in Karachi, Pakistan. Tr. at 423. Homeland Security Investigations Special Agent Danny Lee testified that on February 24, 2013, at 10:09 P.M., Petitioner received a call from a Pakistani telephone number used by Nisar or Babar that lasted more than nine minutes, and between 10:32 P.M. on February 24, 2013, when Petitioner finished his shift as a taxi driver,³ and the corresponding time of approximately 2:30 P.M. in Pakistan on February 25, 2013-the approximate time of the murders, see, e.g., id. at 809-Petitioner made or received thirty-nine phone calls. Id. at 1046, 1048-49. Special Agent Lee testified that over the course of the hours leading up to and after the time of the murders, he identified Petitioner as having contact with several Pakistani numbers, including numbers of individuals identified as Nisar or Babar, AK, Javed, Mazhar, and Ashfaq. Id. at 1049-53.The defense called three witnesses during trial. Rule 33 Mot. at 4; 2255 Pet. at 8-9. Waqas Ali, a policeman, testified that on February 25, 2013, he was working at the Chiryawala traffic “check post” when he was instructed to leave his post and rush to the location of the shooting. Tr. at 1306-08. He testified that upon arriving at the scene, he observed “a wounded man and a woman…on the street, on the ground.” Id. at 1309. He testified that pursuant to instructions from a supervising officer, he proceeded to pick up Seemab from a bus stop on her way home from school and brought her to the scene of the shooting. Id. at 1312-13. Another defense witness, Manzoor Ahmed (“Manzoor”), who operated a private van in which he drove students to and from nearby schools, testified that on February 25, 2013, he picked Seemab up from school in his van at approximately 2:00 P.M. Id. at 1272-75. He testified he received a phone call from a police officer on the way to Chiryawala who told him not to “hand over” Seemab to anyone, “[e]ven if somebody asks for [her].” Id. at 1275-77. Manzoor testified he arrived in Chiryawala at about 3:15 P.M. that afternoon and handed Seemab over to police officers, as he had been instructed to do. Id. at 1277,1281-82.Nazia Khanum (“Nazia”), a teacher from Chiryawala whose testimony was read into the record pursuant to Rule 15 of the Federal Rules of Criminal Procedure, id. at 1153-54, testified that on the afternoon of February 25, 2013, she was walking home when she saw Asghar, Madeeha, and Zameer riding aboard a motorcycle and soon thereafter heard gunfire. Id. at 1158-62. Nazia testified she looked in the direction of the gunfire and saw two men with guns and saw Asghar and Madeeha “on the floor.” Id. at 1162-63. Nazia testified she did not see Rukhsana, Seemab, Akmal, or Nisar at the scene of the shooting, all of whom she knew. Id. at 1157-58, 1165-66. She testified the two men who did the shooting were “unknowns” and she “had never seen them in [her] life.” Id. at 1166.III. Conviction and SentenceOn July 3, 2014, a unanimous jury found Petitioner guilty on all three counts of the Superseding Indictment. Jury Verdict, ECF No. 93; July 3, 2014 Minute Entry. On May 7, 2015, this Court sentenced Petitioner to: (1) life imprisonment on Count One, conspiracy to commit murder in a foreign country in violation of 18 U.S.C. §§956(a)(1) and 956(a)(2)(A); (2) time served on Count Two, fraud and misuse of petition for an alien relative in violation of 18 U.S.C. §1546(a); and (3) twenty-four months imprisonment on Count Three, transmission of threats to injure in violation of 18 U.S.C. §875(c). Judgment, ECF No. 114.IV. Direct AppealPetitioner appealed his conviction and sentence to the Second Circuit. See United States v. Choudhry, 649 F. App’x 60 (2d Cir. 2016); Notice of Appeal, ECF No. 116. On appeal, Petitioner made the following arguments: (1) he was denied a fair trial because of purported bias displayed by this Court and because certain exculpatory evidence was not introduced; (2) this Court erroneously overruled his hearsay objections; (3) this Court’s jury instruction regarding the charge for transmission of a threat to injure was erroneous; (4) the evidence was insufficient as a matter of law to support Petitioner’s convictions; and (5) this Court erred by giving an uncalled witness jury charge. Choudhry, 649 F. App’x at 60. On May 20, 2016, the Second Circuit rejected Petitioner’s arguments and affirmed the judgment of this Court. Id. at 63.V. Petitioner’s Instant MotionsOn June 30, 2017, Petitioner filed (1) a motion for a new trial based on newly discovered evidence pursuant to Federal Rule of Criminal Procedure 33, see ECF No. 122 (notice of motion); ECF No. 123 (supporting documents); ECF No. 124 (memorandum in support), and (2) a petition to vacate his sentence and conviction based on ineffective assistance of counsel pursuant to 28 U.S.C. §2255, see ECF No. 125 (notice of motion); ECF No. 126 (supporting documents); ECF No. 127 (memorandum in support). On August 21, 2017, pursuant to this Court’s July 5, 2017 Order to Show Cause, ECF No. 128, Frederick L. Sosinsky, Petitioner’s trial counsel, filed a Declaration of Trial Counsel responding to the allegations of ineffective assistance of counsel. Sosinsky Decl., ECF No. 131-1. On December 18, 2017, the Government filed its memorandum in opposition to both of Petitioner’s motions, which included the declaration of Ying Stafford (“Stafford Decl.”), Petitioner’s appellate counsel, attached thereto as Exhibit B. Gov’t Opp., ECF No. 136. On February 15, 2018, Petitioner filed a reply memorandum and supporting documents in further support of both of his motions. Reply Memo, ECF No. 140.In Petitioner’s Rule 33 motion, Petitioner argues that newly-discovered evidence warrants a new trial. As described in detail infra and in Petitioner’s motion, Petitioner argues this newly-discovered information consists of (1) “information disclosed at trials conducted in Pakistan in Fall 2014 (after Mr. Choudhry’s U.S. trial had concluded), and in which persons accused of direct participation in the February 25, 2013 murder of Mohammad Asghar and Madeeha Asghar were acquitted of all charges,” and (2) “a Declaration by Amina Ajmal, an important prosecution witness (and Mr. Choudhry’s daughter), in which she identifies false testimony by vital prosecution witnesses Seemab Asghar and Rukhsana Kousar.” Rule 33 Mot. at 4-5.In Petitioner’s §2255 petition, Petitioner argues he was deprived of his Sixth Amendment right to the effective assistance of both trial and appellate counsel. 2255 Pet. at 1. Specifically, Petitioner argues his trial counsel was ineffective because trial counsel failed to (1) introduce certain exculpatory evidence; (2) object to inadmissible hearsay and other improper testimony; (3) adequately cross-examine certain Government witnesses; and (4) object to an erroneous jury charge with respect to Count Three. Id. Petitioner argues his appellate counsel was ineffective “because she failed to raise multiple meritorious issues and instead interposed numerous frivolous claims on appeal, failed to apply the proper legal standard to certain issues, and failed to file a Reply Brief.” Id.DISCUSSIONI. Rule 33 MotionA. Legal StandardPursuant to Rule 33 of the Federal Rules of Criminal Procedure, “[u]pon the defendant’s motion, the court may vacate any judgment and grant a new trial if the interest of justice so requires.” Fed. R. Crim. P. 33(a). A motion for a new trial based on newly discovered evidence “must be filed within 3 years after the verdict or finding of guilty.” Fed. R. Crim. P. 33(b)(1). “It is well settled that motions for new trials are not favored and should be granted only with great caution.” United States v. Costello, 255 F.2d 876, 879 (2d Cir. 1958). “A district court must exercise ‘great caution’ in determining whether to grant a retrial on the ground of newly discovered evidence, and may grant the motion only ‘in the most extraordinary circumstances.”‘ United States v. Imran, 964 F.2d 1313, 1318 (2d Cir. 1992) (quoting United States v. DiPaolo, 835 F.2d 46, 49(2d Cir. 1987)).“Among other things, the defendant must show that the new evidence ‘would probably lead to an acquittal.’” Id. (quoting United States v. Gilbert, 668 F.2d 94, 96 (2d Cir. 1981)). “The ultimate test on a Rule 33 motion is whether letting a guilty verdict stand would be a manifest injustice.” United States v. Ferguson, 246 F.3d 129, 134 (2d Cir. 2001) (citation omitted). “The defendant bears the burden of proving that he is entitled to a new trial under Rule 33, and before ordering a new trial pursuant to Rule 33, a district court must find that there is a real concern that an innocent person may have been convicted.” United States v. McCourty, 562 F.3d 458,475 (2d Cir. 2009) (quotation marks and citations omitted). The Second Circuit’s standard for Rule 33 motions based on newly discovered evidence requires that: “(1) the evidence be newly discovered after trial; (2) facts are alleged from which the court can infer due diligence on the part of the movant to obtain the evidence; (3) the evidence is material; (4) the evidence is not merely cumulative or impeaching; and (5) the evidence would likely result in an acquittal.” United States v. Owen, 500 F.3d 83, 88 (2d Cir. 2007) (citations omitted); United States v. Forbes, 790 F.3d 403, 406-07 (2d Cir. 2015); see also United States v. Gambino, 59 F.3d 353, 364 (2d Cir. 1995) (“Because motions for a new trial are disfavored in this Circuit the standard for granting such a motion is strict; that is, newly discovered evidence must be of a sort that could, if believed, change the verdict.” (citation omitted)).⁴B. The Alleged Newly Discovered EvidencePetitioner describes two sources of alleged newly discovered evidence: (1) evidence from trials conducted in Pakistan in 2014, and (2) a declaration of Amina, who contacted Petitioner’s counsel “to notify him of false testimony by vital prosecution witnesses Seemab Asghar and Rukhsana Kousar.” Rule 33 Mot. at 9.1. Evidence From 2014 Proceedings in PakistanPetitioner points to multiple pieces of evidence he alleges were discovered during proceedings in Pakistan that took place in the fall of 2014, after Petioner’s trial.First, Petitioner directs the Court to a document titled “Report Zimni,” which was allegedly prepared in connection with the trials of Akmal and Babar in Pakistan charging them with the murders of Asghar and Madeeha, and lists a “Date And Place Of Proceeding” of October 29, 2014. Rule 33 Mot. at 5; Ex. 1 (“Report Zimni”) to the Decl. of Joshua Dratel in Supp. of Rule 33 Mot. (“Dratel Rule 33 Decl.”), ECF No. 123-1. The report was prepared by Shahzad Ahmad, who is noted on the report as a “Sub-Inspector (S.I)/Investigating Officer.” Rule 33 Mot. at 5; Report Zimni at 1. Petitioner argues that statements from multiple witnesses in that report “would have convincingly contradicted the testimony of both Seemab Asghar and Rukhsana Kousar, both of whom insisted that Muhammad Akmal and Abrar Ahmad Babar, among others, were present at and participated in the slayings.” Rule 33 Mot. at 6-7 (footnote omitted).Specifically, Petitioner points to paragraph five of the Report Zimni, which “states that seven different persons provided information that, contrary to the government’s theory at trial here (and the testimony of the government’s witnesses), neither Muhammad Akmal nor Abrar Ahmad Babar were at the scene of the killings, but in fact were elsewhere at the time they occurred.” Id. at 5 (citing Report Zimni5). According to the Report Zimni, those individuals are “Muhammad Afzal s/o Muhammad Ashraf, Amanat Ali s/o Sardar Khan, Abdul Aziz s/o Bahadar Khan, Ghulam Hussain s/o Allah Ditta, Abdul Khaliq s/o Fateh Muhammad, Muhammad Aslam s/o Rehmat Khan, [and] Azhar Iqbal s/o Faiz Ahmad.” Report Zimni5. According to the Report Zimni, these individuals stated “at the time of [the] alleged occurrence,” Akmal was at his cattle farm, and Babar “was present at Chak no. 115/EB, Arifwala.” Id.Regarding Babar’s whereabouts at the time of the killings, Petitioner also points to paragraph seven of the Report Zimni, which states Babar “was gone to his uncle[']s home namely Fiaz Ahmed s/o Muhammad Khan on 16.01.2013 at Chak no. 115 E/B, Tehsil Arifwala, District Pakpatan, to look after his agricultural land and stayed there about 08 months.” Id.7; Rule 33 Mot. at 6. Paragraph seven lists the names of seven additional individuals who could allegedly verify Babar’s whereabouts during this time. Report Zimni7. Petitioner also directs the Court’s attention to cell site information discussed in paragraph seven which, according to Petitioner, establishes “Mr. Babar’s location hundreds of miles from the location of the incident.”⁵ Rule 33 Mot. at 6 (citing Report Zimni7).Second, Petitioner argues “an October 2, 2014 [o]rder on a bail application made in the Pakistani courts by Muhammad Ashfaq, another person alleged by Ms. Asghar and Ms. Kousar to have been present at and participated in the killings, mentions that Mr. Ashfaq had been ‘sent to judicial lock up for his trial.”‘ Id. at 7 (citing and quoting Ex. 2 to Dratel Rule 33 Decl., ECF No. 123-2). According to Petitioner, “[t]hat information-that Mr. Ashfaq had been denied bail pending trial-would have been extremely useful in countering the subtext of the government’s claim that Mr. Choudhry’s family was sufficiently powerful politically in Pakistan that any witnesses exculpating him or the others alleged to have been involved could not be trusted, and that his family controlled the investigation by authorities in Pakistan.” Id. (citations omitted).Third, Petitioner argues testimony related to a document prepared in connection with the Pakistani trial of Mazhar Iqbal, Ashfaq’s co-defendant, “would have undermined Seemab Asghar’s testimony at Mr. Choudhry’s trial with respect to the location of her sister, Madeeha, in the street after she had been killed, and thereby have cast persuasive doubt on Seemab Asghar’s account that she and her mother (Rukhsana Kousar) had come upon the bodies while their assailants were still present.”⁶ Id. at 8 (citation omitted). The document in question, which Petitioner describes as a summary of the proceedings prepared by the presiding judge, allegedly discusses the testimony of the “draftsman who created the sketch of the location at which Ms. Asghar and his daughter were killed,” and states in relevant part that there are drains on both sides of the street, not a drain in the middle of the street. Id. at 7 (citing Ex. 3 to Dratel Rule 33 Decl., ECF No. 123-3). Petitioner further argues that page ten of this document, which states in relevant part that Asghar “had his enmity with different people” and “[i]t is correct that Mohammad Afzal etc. have their political rivalry and enmity with influential persons,” ECF No. 123-3 at 10 (ECF pagination), “would have corroborated the defense position that Mr. Asghar had multiple enemies, any of whom could have been responsible for his death, and would have also provided evidence that political rivalries in Pakistan could have accounted for the false accusations against Mr. Choudhry and other members of his family in Pakistan (all of whom were ultimately exonerated prior to trial or acquitted thereat).” Rule 33 Mot. at 8.2. Amina’s DeclarationPetitioner’s counsel, Mr. Dratel, states Amina contacted him in April 2017 and “expressed a desire to speak to [him] about the case.” Dratel Rule 33 Decl.4, ECF No. 123; Rule 33 Mot. at 9. Mr. Dratel explains, according to Amina, “she reached out in order to notify [Mr. Dratel] of false testimony by vital prosecution witnesses Seemab Asghar and Rukhsana Kousar.” Rule 33 Mot. at 9. Amina’s declaration, dated June 28, 2017, is attached as Exhibit 4 to Mr. Dratel’s declaration in support of Petitioner’s Rule 33 motion. Amina Decl., Ex. 4 to Dratel Rule 33 Decl., ECF No. 123-4. Petitioner argues Amina’s declaration supports his motion for a new trial in several ways.Petitioner states “[a]ccording to Amina, and contrary to Seemab Asghar’s testimony at trial…Seemab Asghar did not take public transportation from school the afternoon of February 25, 2013″ because “this would have been inappropriate for women in her family.” Rule 33 Mot. at 9 (citing Amina Decl.