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SHOOTOUT WITNESS IN LIMBO : MAN MIGHT TAKE THE 5TH IN GLENDALE CASE.


Byline: Lee Condon Daily News Staff Writer

The prosecution's star witness in the criminal case against six men accused of murder is expected to decide today whether to continue testifying or invoke his Fifth Amendment right against self-incrimination self-incrimination n. making statements or producing evidence which tends to prove that one is guilty of a crime. The 5th Amendment to the U.S. Constitution guarantees that one cannot "be compelled in any criminal case to be a witness against himself..." and the 14th Amendment applies that guarantee to state cases. Thus refusing to testify in court on the basis that the testimony may be self-incriminating is called "taking the Fifth..

At a preliminary hearing Tuesday, Glendale Municipal Court Judge Laura Matz halted Ara Karapatian's testimony and told him to get advice from a lawyer as to whether he should continue to testify.

Matz said she was concerned that Karapatian had incriminated himself in testimony Monday and might continue to do so.

Karapatian, the owner of the Mirage Clothing Store in Glendale, testified Monday about a shootout at his store Dec. 17 in which two men were killed. During that testimony, he said he pulled out a gun that he kept in his desk drawer and fired in self-defense.

But defense lawyers suggested that Karapatian, who has been convicted of two felonies, was incriminating himself on the stand because it is illegal for a convicted felon to have a firearm.

Deputy District Attorney Eleanor Hunter told Matz that her office has decided not to offer Karapatian immunity from prosecution if he incriminates himself on the stand.

Matz ordered Karapatian to return to court today with a decision on whether he will invoke his Fifth Amendment privilege.

``If he decides to take the Fifth Amendment we will move to strike his testimony,'' defense lawyer Alan Baum told the judge. ``If that happens the (deputy) district attorney has candidly acknowledged the nature of her case may change.''

Police contend the defendants were part of an extortion ring that targeted businesses owned by Armenian immigrants. All six have pleaded not guilty to charges of murder, attempted murder, robbery and conspiracy.

Two people, Atur Atyan, 27, and Edmom Takatlyan, 19, were killed in the shootout.
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No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1997, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Daily News (Los Angeles, CA)
Date:Jan 29, 1997
Words:298
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