Prosecutors to Again Seek Death Penalty in Fatal Fire

Prosecutors will try again to secure the death penalty for an Iranian immigrant who set his apartment on fire, killing his wife and six children, despite the first jury’s 6-6 split on the question.

“The prosecutor feels very strongly about it, and she talked to her superiors and they agreed that this is one we need to retry,” said Sandi Gibbons, spokeswoman for the Los Angeles County district attorney’s office.

Although Jorjik Avanesian’s guilt in seven killings has already been decided and the only issue at retrial would be deciding a penalty, prosecutors will present nearly all the evidence again because they are arguing for death principally on the facts of the case.

Deputy Dist. Atty. Eleanor Hunter told jurors that Avanesian killed his family because his wife would not grant him a divorce. Avanesian set his Glendale apartment on fire, trapping his family inside, where they died of smoke inhalation.

Deputy Public Defender Stanley Perlo, who represents Avanesian, could not be reached for comment Wednesday.

After Los Angeles County Superior Court Judge Janice Croft last month declared a mistrial on the penalty phase, Perlo said his client is clearly insane and should be imprisoned for life, and not executed.

During his confession to police, Avanesian said he was convinced his wife and oldest daughters were involved in drugs and pornographic movies. They were not, authorities said. Perlo said Avanesian also suffered from delusions that the Iranian Mafia, Glendale police, his lawyer and court translators were conspiring against him.

Perlo said he tried to persuade Avanesian to enter a plea of not guilty by reason of insanity, but the defendant refused because he said he was not crazy.

In his efforts to sway jurors to vote for life in prison, Perlo called two psychologists to testify that his client suffered from delusions.

Prosecutor Hunter countered that Avanesian was thinking very clearly when he planned the killings, bought and hid the gasoline, knife and ax, and calculated where to place gasoline-filled pans to prevent his family from fleeing to safety. Prosecutors said Avanesian took the time to hide evidence before walking away from the burning building as his family cried out for help.

The defendant’s mental health has been an issue in the case from the start. At one point, Croft found that Avanesian was mentally unfit to aid in his defense. But after some psychiatric treatment, she decided that Avanesian was competent to stand trial.

In a second penalty trial, Hunter may try to include testimony on the effect of the slayings on passersby who heard the shrieks from Avanesian’s apartment and tried to save the family.

Hunter’s efforts to include such testimony last month came too late and the judge excluded the evidence, according to court officials.