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2 ACQUITTED IN EXTORTION CASE.


Byline: Donna Huffaker Staff Writer

A federal judge on Wednesday acquitted two Glendale men of charges of extorting money from their business partners, closing a 2-year-old case that previously ended in a mistrial A courtroom trial that has been terminated prior to its normal conclusion. A mistrial has no legal effect and is considered an invalid or nugatory trial. It differs from a "new trial," which recognizes that a trial was completed but was set aside so that the issues could be .

U.S. District Judge Richard A. Paez found Henzel Harutian and Albert Ambartsumian not guilty of interference with commerce by threats. Both defendants waived their right to a jury trial April 12, the day after opening statements.

A federal jury deadlocked 9-3 last Oct. 15 in favor of acquittal The legal and formal certification of the innocence of a person who has been charged with a crime.

Acquittals in fact take place when a jury finds a verdict of not guilty.
 on two counts of extortion extortion, in law, unlawful demanding or receiving by an officer, in his official capacity, of any property or money not legally due to him. Examples include requesting and accepting fees in excess of those allowed to him by statute or arresting a person and, with  against Harutian, Ambartsumian and another defendant. Authorities in November opted to retry re·try  
tr.v. re·tried , re·try·ing, re·tries
To try again.

Verb 1. retry - hear or try a court case anew
rehear
 Harutian and Ambartsumian, dropping all charges against the third man.

``We believed in our case and the decision to retry it. But this is the judge's verdict and we accept it,'' said Assistant U.S. Attorney Dan Saunders of the Organized Task Force.

Authorities accused the two defendants of threatening Armen Eloyan and his wife, Anahit, owners of Master-Sew Contractors in Glendale, because they allegedly failed to pay Harutian all they owed for a sewing factory they bought from him. The government alleged Ambartsumian was Harutian's henchman, and was investigating possible involvement in organized crime.

When the Eloyans refused to pay, prosecutors said, Harutian's wife, Nelli, called Anahit Eloyan and warned that if they didn't turn over the money, she would ``cut their ears off.''

In court documents, prosecutors said the phrase was an Armenian expression for killing someone. It was later argued that the translation was misinterpreted.

Harutian's attorney, Mark Geragos Mark John Geragos (born October 5 1957) is an American criminal defense attorney best known for defending pop-star Michael Jackson, actress Winona Ryder, Gary Condit, and Susan McDougal, who was involved in the Whitewater scandal. , said Wednesday that the judge's ruling proves what he has been saying for two years - this was a business disagreement, not death threats made by members of organized crime.

``The federal government came after us with its full force and credit. My clients deserve a pat on the back for standing up to the onslaught,'' Geragos said.

Geragos said he believed federal authorities unfairly targeted Armenian-Americans.

But pointing out that Paez declined in March to dismiss the case based on claims of selective prosecution Criminal prosecution based on an unjustifiable standard such as race, religion, or other Arbitrary classification.

Selective prosecution is the enforcement or prosecution of criminal laws against a particular class of persons and the simultaneous failure to administer
, Saunders said the government did not unfairly target the defendants. Paez said the defense had no proof that prosecutors filed the case based on animus Animus - ["Constraint-Based Animation: The Implementation of Temporal Constraints in the Animus System", R. Duisberg, PhD Thesis U Washington 1986].  or racial motivation, Saunders said.

As for the Harutians, Geragos said they will concentrate on getting their lives back in order and ``pursuing all appropriate civil litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
.''
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Copyright 2000, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Daily News (Los Angeles, CA)
Date:Apr 27, 2000
Words:387
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