Problems Arise for Witness in Clothing Store Slayings

The prosecution of six men, accused of murder in an attempted robbery that left two dead as part of an extortion scheme, may have hit a roadblock because of their alleged victim’s criminal record.

Ara Karapetian, the prosecution’s principal witness, testified at a preliminary hearing Monday that when one of the defendants fired shots in his clothing store, he grabbed a gun and fired back.

But testimony was interrupted Tuesday when Municipal Judge Laura Matz said she had learned that, at the time of the shooting in December, Karapetian was on probation for burglary and grand theft convictions in 1993 and 1995--and was thus legally barred from possessing a gun.

That means that Karapetian, in testifying against the defendants, may be giving testimony against himself if he is charged with violating terms of his probation. The district attorney’s office has not offered Karapetian immunity from prosecution.

The judge gave Karapetian until today to return to court with a lawyer to advise him during his testimony.

When Karapetian retakes the witness stand today, his lawyer will probably advise him to invoke the 5th Amendment, refusing to testify on grounds of self-incrimination, defense attorneys said.

Defense attorneys would then probably ask Matz to strike from the record Karapetian’s previous testimony, in which he gave a blow-by-blow account of the shooting.

If that occurs, prosecutor Eleanor Hunter “has candidly acknowledged that the nature of her case may change dramatically,” Alan Baum, attorney for defendant Gagik Kazarian, said in court.

Hunter refused to comment on the case Tuesday, and would not say why the district attorney’s office had declined to grant immunity to Karapetian.

Police and prosecutors say the crime was a “shakedown,” with the defendants threatening to force Karapetian out of business if he did not pay them $3,000. The case has raised concerns by local and federal law enforcement authorities about ethnically-based extortion rings.

Killed in the shootout were Artur Atayan, 27, one of the alleged extortionists, and Edmond Tokatlyan, 19, a friend of the merchant’s family who was a bystander.

The six defendants in the case have pleaded not guilty to all charges, and their attorneys say the men were not part of an extortion ring, but had gone to the store that night to intervene in a business dispute between Karapetian and Atayan.

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Also complicating the prosecution’s allegations of extortion is Karapetian’s testimony about the crime, which differed from statements the merchant made to police. Karapetian testified that only Atayan demanded money from him, but Hunter said in court that the merchant had told investigators that at least three men pressured him to give them cash.

Hunter said in court that she may play portions of a recorded police interview with Karapetian, and call investigator Dennis Smith, who conducted the interview, to show that the entire group was involved in a crime.

But Alex Kessel, attorney for defendant Khoren Broutian, said Karapetian’s apparent backpedaling “blows a hole” in the prosecution’s case.

Karapetian “is crucial to their case, but he has a lot of credibility issues,” Kessel said. “He has made inconsistent statements, he has a prior record, and the [district attorney’s] office is reluctant to grant him immunity because he carries so much baggage.”