Alleged Victim Refuses to Testify in Extortion

Faced with the threat of jail himself, the state’s star witness in an extortion-double murder case refused to testify Thursday, throwing the prosecution of the high-profile crime into disarray.

Ara Karapetian, the alleged victim of a “shakedown” robbery in which two people were killed Dec. 17, invoked his right against self-incrimination on the advice of his lawyer.

But authorities have not yet decided whether the clothing store owner, himself on felony probation for burglary and grand theft convictions, will be prosecuted for possessing a firearm--an apparent probation violation.

Prosecutors earlier refused to grant Karapetian immunity, without explanation.

Daniel Nardoni, Karapetian’s attorney, said his client committed “absolutely no probation violation” and that he is prepared to defend Karapetian if he is prosecuted. He declined further comment.

Attorneys for some of the other six defendants suggested Thursday’s development creates high barriers for the state.

“There is no question that the case for the prosecution has been severely damaged,” said James Blatt, attorney for defendant Mger Tagvoryan. “You have [their] key witness taking the 5th Amendment, and they will not give him immunity. There is a strong indication that they are in trouble.”

The preliminary hearing, at which a judge decides whether there is enough evidence to warrant a full criminal trial for the seven defendants, began Monday.

Defense attorneys say the six defendants are not extortionists or robbers, and were simply trying to help settle a business dispute between Karapetian and another man, Artur Atayan, over a debt. They predicted that prosecutors may be unable to proceed with the case without Karapetian.

Police allege that Atayan and the six defendants went to Karapetian’s store Dec. 17 and tried to pressure him to pay a $3,000 debt; when Karapetian refused to pay, Atayan pulled a gun and fired shots in the store. Police say Karapetian used a gun in self-defense, and a shootout ensued, leaving Atayan, 27, and a teenage bystander dead.

“It was a minor business dispute that escalated,” Blatt added. “They [the defendants] had no problem with [Karapetian]. The problem was with the man who died.”

Karapetian testified Monday about the events leading up to the shooting. But Judge Laura Matz ordered his testimony stricken from the record Thursday, citing his refusal to testify further and the defense’s inability to cross-examine him.

Prosecutor Eleanor Hunter has indicated in court she will continue pressing the case, using testimony from a police officer who interviewed Karapetian after the crime as evidence to prove the defendants were involved in extortion.

Defense attorneys have challenged those tactics, citing contradictions in Karapetian’s now-erased testimony. Defense attorneys said they believe prosecutors will be forced to drop the case if Matz bars the testimony.

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“It is fundamentally unfair to hold someone on a death penalty case when the state’s critical witness makes inconsistent statements, and then takes the 5th and refuses to testify,” said Alex Kessel, attorney for defendant Khoren Broutian.

Hunter has refused to comment on the case.

Meanwhile, Glendale police said they will not decide whether to prosecute Karapetian for a possible probation violation until after the case against the defendants is resolved in court.

“Once we have completed the prosecution of the current case, we will consult with the district attorney before we decide whether any other charges will be filed against any of the other players,” Sgt. Rick Young said.

“While we are in the middle of this, we are not going to go after [Karapetian]. At this point, we are treating him as a victim of a crime. Whether he also has committed a crime will be determined at the end of this case.”