Judge Rules Man Unable to Stand Trial

Jorjik Avanesian is mentally ill and is not now able to stand trial on charges of setting an apartment fire that killed his wife and six children, a judge ruled Tuesday.

Superior Court Judge Janice Claire Croft ordered Avanesian, 41, to a state mental hospital for 90 days for further evaluation. He will be held until he is judged fit for trial, in which prosecutors said they will seek the death penalty.

“Mr. Avanesian is not competent at this time to stand trial,” Croft said. “He is not able to assist his attorney.” As Croft announced her decision, Avanesian became upset and began yelling. In broken English, he criticized his defense lawyer, Stanley Perlo, and Deputy Dist. Atty. Kevin McCormick.

“My lawyer is no good,” Avanesian shouted. “McCormick is liar.”

Avanesian, who has ignored Perlo and interpreters and tried to speak directly to the judge during past hearings, could be heard shouting even after a bailiff removed him from the courtroom.

“That was not appropriate courtroom behavior,” Perlo said later. “It simply demonstrates the problem, his current psychological condition.”

In making the ruling, Croft said that because of mental illness Avanesian is unable to understand the court proceedings related to the charges against him. Avanesian also is unable to help in his own defense, she said. Croft said her decision was based on reports of evaluations of two psychiatrists, which she ordered sealed, citing possible prejudice to Avanesian if and when he goes on trial.

Avanesian faces seven counts of murder and one count of arson for allegedly setting a fire Feb. 6 in Glendale that killed his wife, Turan, 37, and their six children, ages 4 to 17. He pleaded not guilty but has remained in custody.

Authorities say that Avanesian, an Armenian-Iranian immigrant who came to California last October, first admitted intentionally setting his family’s Harvard Street apartment ablaze with gasoline out of anger toward his wife.

McCormick said the prosecution will not waive the death penalty in the case. But first, Avanesian must be declared competent to stand trial, he said.

“It’s not right to seek prosecution of someone who’s unable to understand what’s going on,” McCormick said outside the courtroom. “Where’s the fairness in that?”

McCormick said Avanesian’s outburst spoke for itself.

“It tends to suggest he doesn’t know what’s going on,” he said. “That’s not rational.”

At a previous court appearance, the judge rejected a request from Avanesian for a different defense lawyer.

Perlo, a deputy public defender, said Tuesday that he agreed that his client was not ready to participate in any criminal proceedings.

Perlo said the decision has not been made on whether to use an insanity defense. The state hospital is expected to provide treatment and evaluation as necessary, he said.

“Obviously Mr. Avanesian is having some problems,” Perlo said.