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WILL L.A. DISTRICT ATTORNEY STEVE COOLEY DISMISS CASE AGAINST LAW-ABIDING CITIZEN CARL HAZARIAN?
Appo Jabarian
http://armenianlife.com/1224WillLADistrictAttorneySteveCooleyDismissCaseAgainstLawAbidingCitizenCarlHazarian.html
Thu. Sept. 9
In the early hours of January 28, 2009, way past midnight, when Carl
Haig Hazarian was deep asleep in his Los Angeles residence, the phone
rang. The male caller claimed to be the Police. He was practically
yelling at Hazarian on the phone: "This is the Police. Open the door
and step out with your hands up."
Hazarian replied: "Prove to me you're the Police."
The caller said: "We are the Police."
Hazarian recounted: "At first, I thought it was a home robbery. Then
I debated whether I should carry my gun to the door or call 911. Like
a flip of coin, I took the chance and stepped outside without my gun,
to see what was going on! There were several SWAT team members pointing
their M16 weapons at me and my in-house helper - a 74-year old lady.
They put hand cuffs on me. ... When it comes to my mind that I could
have mistakenly stepped out with my gun, my helper and I would have
been shot to death with a hail of bullets."
Parallel raids were conducted on Hazarian's Santa Clarita week-end
home, and his business locations in the cities of Los Angeles and
Pasadena.
After initial questioning, the handcuffs were taken off Hazarian's
hands by the Police. No action was initiated by law enforcement
authorities against Hazarian.
The raids may have been triggered by the possibility that a gun owned
by Hazarian had ended up in the possession of a criminal.
Notes show that a few years before this LAPD raid, Hazarian had
informed the Los Angeles County Department of Consumer Affairs that
he had given on consignment sixty six of his assault weapons to a
Las Vegas-based gun dealer Kelly Carn and that he had not received
timely accounting.
On separate occasions, he informed the Alcohol, Tobacco and Firearms
(ATF) agency that a while back, all his sixty six assault weapons were
picked up from his house in Los Angeles by a retired Police officer,
with a truck and were delivered to Mr. Carn in Las Vegas.
Hazarian's request was to have the ATF investigate Carn whether he
was in compliance with the law and if he indeed was reselling them
properly to authorized/legal buyers.
In an interesting coincidence, when Mr. Hazarian's initial attorney
Donald Levinson wrote a pointed letter to the LAPD strongly criticizing
the mishandling by the Police of Mr. Hazarian, he was then charged with
"illegal" possession of several assault weapons.
Mr. Hazarian was summoned to the Superior Court of The State of
California to answer to charges that came several months after a
prolonged silence by the Police. However, many of the charges were
dropped except for two counts - "the unlawful possession" of a
Springfield SAR-8 and an Uzi Model A.
In March, when legal proceedings were in full swing, I contacted the
media relations officers in the office of the Chief of Police Charlie
Beck asking "Chief Beck, on January 29, 2010, Honorable Judge George
Lomelli of the CA Superior Court reviewed the request by Mr. William
Paparian, the Attorney for Defendant Mr. Carl Hazarian (Case No.:
BA364640), to return some of his seized property back to him.
Subsequent to a review of the request, Judge Lomelli granted the
request and ordered you as the Chief of the Los Angeles Police
Department to return the seized property to Mr. Hazarian. Can you
kindly explain why to this date the LAPD has not complied with Judge
Lomelli's 'ORDER FOR RETURN OF PROPERTY'?"
Captain Kevin F. McCarthy, Commanding Officer of LAPD "Gang and
Narcotics Division" answered: "We believed and continue to believe
that the property the Court wants us to return is evidence for the
current case. In that regard, the Los Angeles District Attorney asked
the Court to reconsider the Order. Upon the Court's denial of that
request, we have processed the property for release. We expect it to
be available for release sometime next week."
During a follow-up conversation, attorney Paparian underlined: "Mr.
Hazarian has been charged with the unlawful possession of a Springfield
SAR-8 and an Uzi Model A. Both firearms were properly registered
with the California Department of Justice (CDOJ.) The Springfield
SAR-8 has a 'flash suppressor/muzzle break' attached to the end of
the barrel. This is how the firearm was manufactured and delivered
by the importer and/or retail seller. This device, as manufactured,
has a dual purpose of serving as a 'grenade launcher'.
Thousands of similar firearms with dual purposes -- 'flash
suppressors/muzzle breaks' -- have been legally registered as
California legal assault weapons. The dual purpose attachment was in
fact installed by the manufacturer or importer and was also considered
an integral part of the registered firearm. The CDOJ has addressed this
issue in the past with an imported firearm (Yugoslavian model 59/66
SKS variant) that was deemed to have a grenade launcher attachment
'flash suppressor/muzzle break' and delivered a notice of violation
and a request to modify so as to bring into compliance with current
CDOJ regulations. The CDOJ never issued a notification that the
grenade launcher attachment on the Springfield SAR-8 was a violation."
Mr. Paparian further elaborated: "With regard to the Uzi Model A, among
the items that were seized from Mr. Hazarian's residence in January of
2009 and returned pursuant to court order were documents indicating
that this firearm had been rendered inoperable per federal Bureau of
Alcohol, Tobacco, and Firearms guidelines and fully deactivated as
of December 31, 1999."
One should not be surprised to know that the registrations of
above referenced weapons were properly handled by Mr. Hazarian. An
investigation by this writer revealed that Mr. Hazarian has
meticulously maintained an extensive documentation of his gun and
assault rifle collection.
In late April, Paparian stated that the "DA asked for more time to
evaluate our request that the case be dismissed," setting the next
court day as Friday, May 7th.
In early July, 2010, Judge George Lomelli issued an order to release
more of the confiscated guns, assault weapons and other property back
to Hazarian. During one court hearing, the Judge expressed surprise
that the case had not been settled. In fact, at the request of the
District Attorney, it was further continued in order to give the
DA additional time to evaluate attorney Paparian's request that the
case be dismissed. Another court session took place on July 27. Then
August 27th became the new continuation date. Next, the case was set
for trial on September 8th.
On September 2, I contacted the District Attorney's office pointing
out that "I was in court the previous week when this case was set
for trial the following week. Your Deputy advised the judge that Mr.
Hazarian is facing 8 years in prison and the attorney for Mr. Hazarian
said that it is a mandatory state prison with no probation or suspended
sentence if Mr. Hazarian is found guilty. I was also told that the
two firearms at issue in this case were properly registered with
the California Department of Justice and one of them was actually
deactivated and made inoperable more than a decade ago. I understand
that Dominick Rivetti, Chief of your Bureau of Investigation, will be
called as a character witness for Mr. Hazarian who is a very prominent
and respected leader in the Armenian-American community. That's
why this case is of great interest to my readers. When would it be
convenient to conduct an interview with a representative of your
office?"
After several e-mails, I was told: "Regarding your request to interview
Deputy District Attorney Andrew Cooper, the prosecutor is not doing
interviews at this time." I was also told that "Defendant Carl Hazarian
faces a maximum sentence of three years and eight months in state
prison, if convicted by a jury. The charges include an allegation
(sometimes referred to as a sentencing enhancement) that the imposition
of the sentence cannot be suspended or probation granted. If a jury
finds that allegation to be true, then Hazarian will not be eligible
for a suspended sentence or probation. Regarding your question about
firearm registration, the merits of the case have not been argued in
court, so, at this time, we will not comment on the evidence."
I then asked: "If Deputy District Attorney Andrew Cooper, the
prosecutor, is not available for an interview, is there someone else
from the DA's office who will be? Is District Attorney Steve Cooley
agreeable to be interviewed?"
The District Attorney's media relations officer answered: "It is very
unlikely that District Attorney Steve Cooley will do an interview on
this matter, as he is not involved in the prosecution of this case.
However, at your request, I will ask if he is amenable to doing
the interview."
As of press time, Sept 7, it was not clear whether District Attorney
Steve Cooley would be agreeable to be interviewed.
Mr. Paparian told USA Armenian Life: "I have been practicing law as
a Criminal Defense Attorney in Los Angeles County Courts for more
than 30 years. Almost without exception the prosecutors from the Los
Angeles County District Attorney's Office that I have worked with have
always been very fair minded and professionally responsible. For the
past 5 months we have been waiting for a response from the District
Attorney's Office to my request that the case against Carl Hazarian
be dismissed. The reason for the delay is because the D.A.'s Office
has ordered a review of all cases filed by the Gun Unit of the Los
Angeles Police Department. I am convinced that if the D.A.'s Office
knew what it knows now when the Carl Hazarian case was first presented
it would never have been filed. Mr. Hazarian has been charged with the
possession of destructive devices arising from his ownership of two
assault rifles that had been properly registered with the California
Department of Justice. One of the rifles was exactly as it had been
manufactured with no alterations to it and the other one had been
deactivated and rendered inoperable more than 10 years ago. I remain
optimistic that the administration of the District Attorney's Office
will ultimately make the right decision and dismiss the case against
Carl Hazarian because they have an ethical obligation to dismiss a
case when the charges against the accused cannot be proven."
SIDEBAR:
Mr. Hazarian is well-known benefactor and has an illustrious record as
such. He is a regular contributor to numerous charitable organizations
including The Handicapped Veterans of Wars; The Police Youth Charity,
among several other worthwhile causes.
He is a Founding Member of three day schools. He is also a founding
contributor to a very successful Music Academy in Southern California.
He is a horseman and an equestrian Champion; a pilot; a seasoned
Harley rider; an expert marksman; a parachutist; an inventor; a
highly talented painter and iconographer; a knowledgeable boatman;
the "Best-In-World" record holder in shooting trap from the hip. And
as such, he is registered with Guinness World Record since 2002
(ID-Claim #23561; membership #23151).
Carl Haig Hazarian is a highly respected member in the Republican
Party. He was awarded over 17 commendations from several elected
public officials including President Ronald Reagan, Congressman Carlos
Moorhead (Ret.), CA State Senator Newt Russell (Ret.) and many others.
He is a collector of automobiles, rugs, paintings, coins and antiques.
Mr. Hazarian's family is highly respected. His late mother Marie
Hazarian was one of Lebanon's towering humanitarian figures who left
a deep stamp on Lebanese society. She has left behind a heritage
filled with numerous success stories where the rights of the helpless
and needy citizens were fully respected. Her tireless efforts were
enhanced by an indomitable spirit of voluntarism that spanned over
a period of six decades. She approached each and every barrier with
an uncompromising willpower in order to achieve social justice for
Lebanon's needy citizens. Through her iron-willed, charismatic,
and empathetic personality she marshaled all the available human and
material resources in order to make a positive impact in the life of
thousands of community members. Marie Hazarian practiced non-stop
humanitarianism without discrimination. She didn't ask whether
the needy person was an Armenian, Christian or Muslim Arab. That's
exactly why she earned the love and respect of the entire population
of Lebanon. She was accepted as being a model citizen of the country
of cedars. As such, she received national and international acclaim.
His Holiness Pope John Paul II of Vatican, His Holiness Khoren I, the
Armenian Catholicos, President Camille Chamoun of Lebanon, and several
other European and American officials were among the illustrious
personalities that bestowed upon Marie Hazarian pontifical blessings,
presidential proclamations, the Honorary Key to the State of New York,
and many other awards and commendations.
Her valiant efforts especially touched the lives of innumerable
orphans, seniors, the handicapped, crime victims and wrongfully
imprisoned individuals. It is through her life and valiant voluntarism
that she inspired many others to follow in her footsteps in order
to better human existence and to alleviate the pains experienced
by others.
Carl Hazarian's late brother was a deputy attorney general of the
Republic of Lebanon who had established an illustrious career as a
successful prosecutor. He was assassinated by criminal elements.
From: A. Papazian
Appo Jabarian
http://armenianlife.com/1224WillLADistrictAttorneySteveCooleyDismissCaseAgainstLawAbidingCitizenCarlHazarian.html
Thu. Sept. 9
In the early hours of January 28, 2009, way past midnight, when Carl
Haig Hazarian was deep asleep in his Los Angeles residence, the phone
rang. The male caller claimed to be the Police. He was practically
yelling at Hazarian on the phone: "This is the Police. Open the door
and step out with your hands up."
Hazarian replied: "Prove to me you're the Police."
The caller said: "We are the Police."
Hazarian recounted: "At first, I thought it was a home robbery. Then
I debated whether I should carry my gun to the door or call 911. Like
a flip of coin, I took the chance and stepped outside without my gun,
to see what was going on! There were several SWAT team members pointing
their M16 weapons at me and my in-house helper - a 74-year old lady.
They put hand cuffs on me. ... When it comes to my mind that I could
have mistakenly stepped out with my gun, my helper and I would have
been shot to death with a hail of bullets."
Parallel raids were conducted on Hazarian's Santa Clarita week-end
home, and his business locations in the cities of Los Angeles and
Pasadena.
After initial questioning, the handcuffs were taken off Hazarian's
hands by the Police. No action was initiated by law enforcement
authorities against Hazarian.
The raids may have been triggered by the possibility that a gun owned
by Hazarian had ended up in the possession of a criminal.
Notes show that a few years before this LAPD raid, Hazarian had
informed the Los Angeles County Department of Consumer Affairs that
he had given on consignment sixty six of his assault weapons to a
Las Vegas-based gun dealer Kelly Carn and that he had not received
timely accounting.
On separate occasions, he informed the Alcohol, Tobacco and Firearms
(ATF) agency that a while back, all his sixty six assault weapons were
picked up from his house in Los Angeles by a retired Police officer,
with a truck and were delivered to Mr. Carn in Las Vegas.
Hazarian's request was to have the ATF investigate Carn whether he
was in compliance with the law and if he indeed was reselling them
properly to authorized/legal buyers.
In an interesting coincidence, when Mr. Hazarian's initial attorney
Donald Levinson wrote a pointed letter to the LAPD strongly criticizing
the mishandling by the Police of Mr. Hazarian, he was then charged with
"illegal" possession of several assault weapons.
Mr. Hazarian was summoned to the Superior Court of The State of
California to answer to charges that came several months after a
prolonged silence by the Police. However, many of the charges were
dropped except for two counts - "the unlawful possession" of a
Springfield SAR-8 and an Uzi Model A.
In March, when legal proceedings were in full swing, I contacted the
media relations officers in the office of the Chief of Police Charlie
Beck asking "Chief Beck, on January 29, 2010, Honorable Judge George
Lomelli of the CA Superior Court reviewed the request by Mr. William
Paparian, the Attorney for Defendant Mr. Carl Hazarian (Case No.:
BA364640), to return some of his seized property back to him.
Subsequent to a review of the request, Judge Lomelli granted the
request and ordered you as the Chief of the Los Angeles Police
Department to return the seized property to Mr. Hazarian. Can you
kindly explain why to this date the LAPD has not complied with Judge
Lomelli's 'ORDER FOR RETURN OF PROPERTY'?"
Captain Kevin F. McCarthy, Commanding Officer of LAPD "Gang and
Narcotics Division" answered: "We believed and continue to believe
that the property the Court wants us to return is evidence for the
current case. In that regard, the Los Angeles District Attorney asked
the Court to reconsider the Order. Upon the Court's denial of that
request, we have processed the property for release. We expect it to
be available for release sometime next week."
During a follow-up conversation, attorney Paparian underlined: "Mr.
Hazarian has been charged with the unlawful possession of a Springfield
SAR-8 and an Uzi Model A. Both firearms were properly registered
with the California Department of Justice (CDOJ.) The Springfield
SAR-8 has a 'flash suppressor/muzzle break' attached to the end of
the barrel. This is how the firearm was manufactured and delivered
by the importer and/or retail seller. This device, as manufactured,
has a dual purpose of serving as a 'grenade launcher'.
Thousands of similar firearms with dual purposes -- 'flash
suppressors/muzzle breaks' -- have been legally registered as
California legal assault weapons. The dual purpose attachment was in
fact installed by the manufacturer or importer and was also considered
an integral part of the registered firearm. The CDOJ has addressed this
issue in the past with an imported firearm (Yugoslavian model 59/66
SKS variant) that was deemed to have a grenade launcher attachment
'flash suppressor/muzzle break' and delivered a notice of violation
and a request to modify so as to bring into compliance with current
CDOJ regulations. The CDOJ never issued a notification that the
grenade launcher attachment on the Springfield SAR-8 was a violation."
Mr. Paparian further elaborated: "With regard to the Uzi Model A, among
the items that were seized from Mr. Hazarian's residence in January of
2009 and returned pursuant to court order were documents indicating
that this firearm had been rendered inoperable per federal Bureau of
Alcohol, Tobacco, and Firearms guidelines and fully deactivated as
of December 31, 1999."
One should not be surprised to know that the registrations of
above referenced weapons were properly handled by Mr. Hazarian. An
investigation by this writer revealed that Mr. Hazarian has
meticulously maintained an extensive documentation of his gun and
assault rifle collection.
In late April, Paparian stated that the "DA asked for more time to
evaluate our request that the case be dismissed," setting the next
court day as Friday, May 7th.
In early July, 2010, Judge George Lomelli issued an order to release
more of the confiscated guns, assault weapons and other property back
to Hazarian. During one court hearing, the Judge expressed surprise
that the case had not been settled. In fact, at the request of the
District Attorney, it was further continued in order to give the
DA additional time to evaluate attorney Paparian's request that the
case be dismissed. Another court session took place on July 27. Then
August 27th became the new continuation date. Next, the case was set
for trial on September 8th.
On September 2, I contacted the District Attorney's office pointing
out that "I was in court the previous week when this case was set
for trial the following week. Your Deputy advised the judge that Mr.
Hazarian is facing 8 years in prison and the attorney for Mr. Hazarian
said that it is a mandatory state prison with no probation or suspended
sentence if Mr. Hazarian is found guilty. I was also told that the
two firearms at issue in this case were properly registered with
the California Department of Justice and one of them was actually
deactivated and made inoperable more than a decade ago. I understand
that Dominick Rivetti, Chief of your Bureau of Investigation, will be
called as a character witness for Mr. Hazarian who is a very prominent
and respected leader in the Armenian-American community. That's
why this case is of great interest to my readers. When would it be
convenient to conduct an interview with a representative of your
office?"
After several e-mails, I was told: "Regarding your request to interview
Deputy District Attorney Andrew Cooper, the prosecutor is not doing
interviews at this time." I was also told that "Defendant Carl Hazarian
faces a maximum sentence of three years and eight months in state
prison, if convicted by a jury. The charges include an allegation
(sometimes referred to as a sentencing enhancement) that the imposition
of the sentence cannot be suspended or probation granted. If a jury
finds that allegation to be true, then Hazarian will not be eligible
for a suspended sentence or probation. Regarding your question about
firearm registration, the merits of the case have not been argued in
court, so, at this time, we will not comment on the evidence."
I then asked: "If Deputy District Attorney Andrew Cooper, the
prosecutor, is not available for an interview, is there someone else
from the DA's office who will be? Is District Attorney Steve Cooley
agreeable to be interviewed?"
The District Attorney's media relations officer answered: "It is very
unlikely that District Attorney Steve Cooley will do an interview on
this matter, as he is not involved in the prosecution of this case.
However, at your request, I will ask if he is amenable to doing
the interview."
As of press time, Sept 7, it was not clear whether District Attorney
Steve Cooley would be agreeable to be interviewed.
Mr. Paparian told USA Armenian Life: "I have been practicing law as
a Criminal Defense Attorney in Los Angeles County Courts for more
than 30 years. Almost without exception the prosecutors from the Los
Angeles County District Attorney's Office that I have worked with have
always been very fair minded and professionally responsible. For the
past 5 months we have been waiting for a response from the District
Attorney's Office to my request that the case against Carl Hazarian
be dismissed. The reason for the delay is because the D.A.'s Office
has ordered a review of all cases filed by the Gun Unit of the Los
Angeles Police Department. I am convinced that if the D.A.'s Office
knew what it knows now when the Carl Hazarian case was first presented
it would never have been filed. Mr. Hazarian has been charged with the
possession of destructive devices arising from his ownership of two
assault rifles that had been properly registered with the California
Department of Justice. One of the rifles was exactly as it had been
manufactured with no alterations to it and the other one had been
deactivated and rendered inoperable more than 10 years ago. I remain
optimistic that the administration of the District Attorney's Office
will ultimately make the right decision and dismiss the case against
Carl Hazarian because they have an ethical obligation to dismiss a
case when the charges against the accused cannot be proven."
SIDEBAR:
Mr. Hazarian is well-known benefactor and has an illustrious record as
such. He is a regular contributor to numerous charitable organizations
including The Handicapped Veterans of Wars; The Police Youth Charity,
among several other worthwhile causes.
He is a Founding Member of three day schools. He is also a founding
contributor to a very successful Music Academy in Southern California.
He is a horseman and an equestrian Champion; a pilot; a seasoned
Harley rider; an expert marksman; a parachutist; an inventor; a
highly talented painter and iconographer; a knowledgeable boatman;
the "Best-In-World" record holder in shooting trap from the hip. And
as such, he is registered with Guinness World Record since 2002
(ID-Claim #23561; membership #23151).
Carl Haig Hazarian is a highly respected member in the Republican
Party. He was awarded over 17 commendations from several elected
public officials including President Ronald Reagan, Congressman Carlos
Moorhead (Ret.), CA State Senator Newt Russell (Ret.) and many others.
He is a collector of automobiles, rugs, paintings, coins and antiques.
Mr. Hazarian's family is highly respected. His late mother Marie
Hazarian was one of Lebanon's towering humanitarian figures who left
a deep stamp on Lebanese society. She has left behind a heritage
filled with numerous success stories where the rights of the helpless
and needy citizens were fully respected. Her tireless efforts were
enhanced by an indomitable spirit of voluntarism that spanned over
a period of six decades. She approached each and every barrier with
an uncompromising willpower in order to achieve social justice for
Lebanon's needy citizens. Through her iron-willed, charismatic,
and empathetic personality she marshaled all the available human and
material resources in order to make a positive impact in the life of
thousands of community members. Marie Hazarian practiced non-stop
humanitarianism without discrimination. She didn't ask whether
the needy person was an Armenian, Christian or Muslim Arab. That's
exactly why she earned the love and respect of the entire population
of Lebanon. She was accepted as being a model citizen of the country
of cedars. As such, she received national and international acclaim.
His Holiness Pope John Paul II of Vatican, His Holiness Khoren I, the
Armenian Catholicos, President Camille Chamoun of Lebanon, and several
other European and American officials were among the illustrious
personalities that bestowed upon Marie Hazarian pontifical blessings,
presidential proclamations, the Honorary Key to the State of New York,
and many other awards and commendations.
Her valiant efforts especially touched the lives of innumerable
orphans, seniors, the handicapped, crime victims and wrongfully
imprisoned individuals. It is through her life and valiant voluntarism
that she inspired many others to follow in her footsteps in order
to better human existence and to alleviate the pains experienced
by others.
Carl Hazarian's late brother was a deputy attorney general of the
Republic of Lebanon who had established an illustrious career as a
successful prosecutor. He was assassinated by criminal elements.
From: A. Papazian