Politics 11:47 24/03/2021 Armenia

Why did the Superior Court reject Governor’s denial of Sassounian’s pardon

By Harut Sassounian

Publisher, The California Courier

Last month, California Superior Court Judge William C. Ryan rejected Gov. Gavin Newsom’s refusal to accept the Parole Board’s decision to release Hampig Sassounian from jail. I was under the wrong impression that the Governor’s decision on pardons was final and not subject to a review or reversal by the courts. It turns out that the law requires the Governor to consider “all relevant, reliable information available” and his parole decisions must not be arbitrary or capricious. This article is based on a copy of the Judge’s 19-page ruling.

Hampig Sassounian, not related to this writer, was convicted on June 29, 1984 of first degree murder and sentenced to life without the possibility of parole, but was resentenced to a term of 25 years to life in 2002, making him eligible for parole. Sassounian assassinated Turkish Consul General Kemal Arikan in Los Angeles on January 28, 1982 when he was 19 years old. He is now 58.

On December 27, 2019, the Board of Parole Hearings, found Sassounian suitable for release on parole. However, on May 25, 2020, Gov. Newsom rejected the Board’s decision based on the prisoner’s crime, “outsized political import,” and that his insight was “relatively new.”

On August 14, 2020, Sassounian filed a petition to the Superior Court challenging the Governor’s reversal of the Parole Board’s decision. He argued that the Governor’s decision is not supported by evidence that he posed an unreasonable danger to society, if released. Sassounian also contended that the “Governor imposed an unlawfully heightened standard of parole suitability illegally founded upon the circumstances of Sassounian’s life crime.” He contended that there is no evidence that he lacked “insight” and “the Governor’s conclusion that Sassounian has not demonstrated insight ‘for a sufficiently long period’ is an illegal reason to deny parole.”

On October 7, 2020, the court issued an Order to Show Cause. The Governor’s office filed its response on January 11, 2021, repeating the reasons why he refused parole for the prisoner. Sassounian then submitted his response on January 26, 2021 rejecting the Governor’s claims against him.

Judge Ryan ruled that Sassounian’s record does not contain any evidence to support the Governor’s contention that he is not suitable for release on parole. In addition, the Judge found that the Governor used an improper standard when considering both the “import” of Sassounian’s offense and the notoriety of his victim, as well as the recency of his insight. Therefore, the Judge ordered the release of Sassounian from jail.

Judge Ryan, in his verdict, mentioned Sassounian’s description of his background “as an Armenian born and raised until the age of 13 in Lebanon. During this time, they lived in an ‘active war zone and would routinely see dead bodies,’ including those of women and children. His father was an alcoholic who was often gone for weeks at a time, though Petitioner [Sassounian] had a good, loving relationship with his mother. He lived with his many siblings and extended family members, including his grandparents who were victims of the ‘Armenian Genocide.’ His grandmother often told Petitioner of how she lost her entire family to the genocide and that she only narrowly escaped death herself.”

The Judge continued: “At 13, his [Sassounian’s] family immigrated to the United States to escape the violence in Lebanon, but the family dynamic remained challenging. They moved to Pasadena where there was a large Armenian population. He joined the Armenian Boy Scouts and the Armenian Youth Federation. This is where he met his crime partner, Krikor ‘Koko’ Saliba. They became friendly a year or two before the crime and would discuss politics and the history between Armenia and Turkey, including the genocide. They also noted and discussed that there were ‘a lot of political assassinations going on’ at the time. That is, ‘Armenians were assassinating Turkish diplomats in Europe mostly because they were angry that … after the genocide Turkey would deny the genocide…. Young Armenians were upset about this and -- they thought that -- Turkey should step up and acknowledge the genocide…and get into dialogue with the Armenian people or make peace with them.’ Because this was not happening, ‘young Armenians decided to resort to violence….[They had] given up that… peaceful dialogue with Turkey was… going to happen.’ During this time Petitioner [Sassounian] and his crime partner, who was a few years older than Petitioner, discussed going to Europe to carry out an assassination like they had been seeing take place. At some point, Arikan, however, made a public address calling all Armenians ‘liars’ and declared there was no Armenian genocide. Saliba showed Petitioner an article regarding Arikan’s statement. ‘Being the grandsons of survivors of the Armenian genocide, we took that to be very insulting. And we took very deep offense about that.’”

Judge Ryan decided that “there is no evidence in the record to support the Governor’s finding of lack of insight, such the commitment offense of nearly 40 years is still probative of Petitioner’s current dangerousness.”

The Judge challenged the Governor’s contention that Sassounian’s insight into his crime was “very recent.” Judge Ryan stated that “the case law establishes there is no predetermined amount of time an inmate must demonstrate or possess insight such that it is sufficient for the purposes of suitability.” The Judge ruled that “the insight standard the Governor used to guide his decision was incorrect… and held Sassounian to a different ‘arbitrary’ standard.”

Regarding the issue of Sassounian being a danger to society, “the court notes that the psychologist found Petitioner to represent a low risk of violence upon release,” wrote the Judge. “Petitioner wrote a victim apology letter to Mr. Arikan’s family, friends, and colleagues, as well as one to the ‘Nation of Turkey, the Turkish government, and Turkish Communities of the World,’” stated Judge Ryan. “The court finds the Governor’s decision was both arbitrary and procedurally flawed,” ruled the Judge. He also noted that Sassounian “has comprehensive release plans for both the United States and Armenia.” This is in reference to Sassounian’s statement that he may relocate to Armenia after his release from prison.

At the end, the Judge pronounced that Sassounian “committed a murder for which he has been appropriately punished…. The Governor’s reversal is vacated, the Board’s grant of parole from December 27, 2019, is hereby reinstated. The Board is directed ‘to proceed in accordance with its usual procedures for release of an inmate on parole unless within 30 days of the finality of this decision the Board determines in good faith that cause for rescission of parole may exist and initiates appropriate proceedings to determine that question.’” Gov. Newsom decided not to appeal the Judge’s ruling, allowing the pardon go into effect which would set Sassounian free shortly.

In my opinion, violence is never justified regardless of the reason. Consul General Arikan was not guilty of committing genocide against the Armenian people. He was not even born during the genocide. Armenians have demands from the Government of Turkey, not individual Turks. Sassounian committed a crime for which he was punished by serving almost 40 years in jail. The complaints by the Turkish government about Sassounian’s release are not credible. The Turkish government pressured the Federal Government to urge Gov. Newsom in 2020 and previously Gov. Brown in 2017 to reject the Parole Board’s decisions to release Sassounian. Even less credible, not to say completely shameful, are the protests of the Azerbaijani government against Sassounian’s release. Azerbaijan awarded Azeri axe murderer Ramil Safarov the title of national hero for butchering an Armenian soldier while he was sleeping. Safarov served not a single day in jail in Azerbaijan after his extradition from Hungary.

Finally, it is completely unacceptable that the Turkish Government would demand excessive punishment for an Armenian who murdered a Turk, while Turkey itself continues to deny the mass murder of 1.5 million innocent Armenians. Only after the Turkish government acknowledges the Armenian Genocide and makes appropriate amends for it, Armenians can consider apologizing for the murder of a single Turk!



Source Panorama.am
Share |
Տեքստում սխալ կամ վրիպակ նկատելու դեպքում, ուղարկեք խմբագրին հաղորդագրություն` նշելով տվյալ սխալը, այնուհետև սեղմելով Ctrl-Enter:

Newsfeed

17:05
Expert: Aliyev's statements serve Pashinyan's domestic political goals
In a televised interview in early 2025, Azerbaijani President Ilham Aliyev made fresh threats against Armenia. However, the Armenian leadership...
16:30
Yerevan mayor announces new changes to transport fares
Yerevan Mayor Tigran Avinyan has announced changes to the city's public transport fares that will be approved at the upcoming City Council...
16:00
Pashinyan 'shocked' by deadly ski resort fire in Turkey
Armenian Prime Minister Nikol Pashinyan has expressed shock over the devastating hotel fire at a ski resort in Turkey's Bolu...
15:35
15 candidates self-nominated for Chamber of Advocates Council
Fifteen candidates have self-nominated for the Council of Armenia's Chamber of Advocates. The election will take place at its general...
15:00
New head of Armenian parliament health committee named
The pro-government majority in the Armenian parliament on Wednesday elected MP Arsen Torosyan as new head of the Standing Committee on Health...
14:36
MP: Turkey and Azerbaijan assessing risks of new aggression against Armenia
Tigran Abrahamyan, an MP from the opposition Pativ Unem faction in the Armenian parliament, claims that Donald Trump's return to the White...
13:53
Public transport fare increase in Yerevan based on outdated calculations, expert says
Babken Pipoyan, head of the Informed and Protected Consumer NGO, has criticized the upcoming increase in public transport fares in Yerevan,...
13:10
Expert calls for replacement of Armenian ambassador to U.S.
Political analyst Suren Sargsyan has urged Armenia’s authorities to appoint a new ambassador to the United States under the Donald...
12:34
Alexander Sirunyan withdraws candidacy for SJC membership
Alexander Sirunyan on Wednesday officially withdrew his candidacy as a member of the Supreme Judicial Council (SJC), Lurer quoted Hayk...
12:12
National Gallery of Armenia opens exhibition on Artsakh
An exhibition of Yerevan-based artist Lousineh Navasartian's Silence project has opened at the National Gallery of Armenia....
11:36
Lobbyist for genocide denialist Turkey should donate earnings to Armenians
By Harut Sassounian www.TheCaliforniaCourier.com Former Cong. Bob Livingston published a commentary in the Wall Street Journal last week...
11:20
Drivers warned of icy roads in parts of Armenia
The Rescue Service has warned drivers about a road closure and icy conditions in Armenia. In particular, the road connecting the Amberd high...
11:12
Armenia offers condolences to Turkey over deadly ski resort fire
The Armenia Foreign Ministry has extended condolences to Turkey following the deadly fire at a ski resort hotel that killed at least...
17:00
Newmag to publish Henrikh Mkhitaryan's autobiography
Newmag will release Armenian football star Henrikh Mkhitaryan's autobiography this year, its founder Artak Aleksanyan has...
16:35
Russia's Lavrov announces plans to visit Armenia
Russian Foreign Minister Sergey Lavrov announced his plans to visit Yerevan following talks with Armenian Foreign Minister Ararat...
16:21
Discussions on Minsk Group dissolution underway, Armenian speaker says
Discussions are underway regarding the dissolution of the OSCE Minsk Group, Armenian National Assembly Speaker Alen Simonyan told reporters on...
15:45
Trump orders US to leave WHO
US President Donald Trump has signed an executive order to begin the process of withdrawing the US from the World Health Organization...
15:30
Temperatures to drop further in Armenia
Dry weather is expected across Armenia throughout this week. The capital Yerevan will also see no precipitation in the coming days....
15:00
Lavrov calls Armenia Russia's natural strategic partner, ally
Yerevan is Moscow’s natural strategic partner and ally, Russian Foreign Minister Sergey Lavrov said during talks with his Armenian...
14:30
Armenia has no plans to quit EAEU, parliament speaker says
Armenia has no plans to leave the Moscow-led Eurasian Economic Union (EAEU), National Assembly Speaker Alen Simonyan claims. “The EAEU...
13:53
Armenian, Russian FMs hold talks in Moscow
The meeting between Armenian Foreign Minister Ararat Mirzoyan and his Russian counterpart Sergey Lavrov in enlarged format has...
13:35
Ex-minister calls for abolishing asset declaration in Armenia
Economist Mesrop Arakelyan, a former minister of labor and social affairs, has called for the cancellation of Armenia’s...
13:00
Mirzoyan congratulates Marco Rubio on his confirmation as US secretary of state
Armenian Foreign Minister Ararat Mirzoyan has congratulated Marco Rubio on his unanimous confirmation as U.S. Secretary of State....
12:36
Kindergarten fire in Armenian town forces evacuation of 117 children
A fire broke out at a kindergarten in Spitak, a town in Armenia’s Lori Province, on Tuesday morning. Two fire and rescue crews were...
12:12
Opposition councilor accuses Yerevan authorities of 'shadowy dealings and favoritism'
The opposition Mother Armenia faction of the Yerevan City Council has called an extraordinary session today to discuss the upcoming...
11:46
Henrikh Mkhitaryan celebrates 36th birthday
Inter Milan midfielder Henrikh Mkhitaryan is celebrating his 36th birthday today. The Football Federation of Armenia and Inter have extended...
11:23
Hotel fire at Turkey ski resort kills at least 10
A fire broke out at a hotel at a ski resort in northwestern Turkey on Tuesday, killing at least at least 10 people and hospitalizing 32 others,...
11:06
EU delegation briefed about situation on Armenian-Azeri border
The EU Mission in Armenia (EUMA) hosted EU Ambassador to Armenia Vassilis Maragos last week. "The EU delegation was briefed about the...
17:00
Armenian FM to travel to Moscow
Armenian Foreign Minister Ararat Mirzoyan will pay a working visit to Moscow on January 21, his ministry reports. During the...
16:30
37 police officers sacked in Armenia last year
43 police officers in Armenia faced disciplinary action In 2024. Among them, 3 officers received a reprimand, 3 were issued a severe...

Follow us and get updates!

Most popular articles

{"core.blocks.header.spell_message1":"Selected mistake: ","core.blocks.header.spell_message2":"Send a message about the mistake?"}