Vartanian case dropped when wife won't testify

Published online on Tuesday, Sep. 22, 2009

A judge on Tuesday dismissed a domestic violence case against Fresno businessman Krikor "Kirk" Vartanian after the prosecution's key witness -- his wife -- declined to testify.

Adding a dramatic twist to a case that has captured the public spotlight, Natasha Vartanian took the stand and gave her name to prosecutor Dennis Cooper -- but nothing else.

When Cooper asked his next question, Natasha Vartanian replied in a soft voice: "I choose not to testify."

Fresno County Superior Court Judge Kristi Culver Kapetan then ordered her to testify, but she refused, saying "it was my decision from the beginning" not to take the stand against her husband.

Kapetan told Natasha Vartanian that she could be held in contempt of court for refusing to testify. But a new state law severely limits the power of judges to compel victims of alleged domestic violence to testify in court.

"In my view, the Legislature has tied my hands in these cases, unfortunately," Kapetan said.

With that, Cooper rested his case without calling any witnesses. One of Kirk Vartanian's lawyers, Daniel Bacon, rested his case. Kapetan then dismissed the charges against Kirk Vartanian because Cooper could not prove a crime was committed.

Kirk Vartanian, 40, was arrested after Fresno police said he and a woman, later identified by his lawyers as his wife, argued over a $135,000 watch in a northeast Fresno home on June 26. He slapped her, threatened her with a large kitchen knife, sat on her and tried to suffocate her with a pillow, police said.

Outside of court Tuesday, Natasha Vartanian declined to comment. She retained Fresno attorney Roger Nuttall, who had advised her of the new law and her right not to testify.

In court, Kapetan asked Natasha Vartanian whether she was coerced or encouraged not to testify. She said no. After the hearing, Nuttall reiterated that his client was in no way threatened or coerced.

"She just chose not to [testify]," Nuttall said. "This is her husband."

Nuttall said Natasha Vartanian is ready to get on with her life. He added that she never thought what happened would generate "this much attention in the media or in public."

Kirk Vartanian also declined to comment, but he stood next to Bacon outside of court while he addressed reporters.

"We're happy that this case is over," Bacon said. "There's no gloating here."

Kapetan had scheduled a preliminary hearing for Kirk Vartanian, in which prosecutors are required to show probable cause that a crime was committed. Natasha Vartanian was Cooper's only witness.

After she refused to testify, Cooper told the judge Natasha Vartanian had spoken with police investigators on several occasions about what happened and had expressed an interest in pursuing the case.

He told Kapetan that Natasha Vartanian's reluctance to follow through with the case was "a very common occurrence in these types of cases" and "a symptom of the whole domestic violence problem."

At that point, Natasha Vartanian began crying while sitting at the witness stand.

Kapetan noted that before January, she could have required Natasha Vartanian to attend domestic violence counseling, do community service, and even lock her in jail for refusing to testify.

No longer, however, because of the new law.

Though Kirk Vartanian escaped this prosecution, he has other legal troubles pending.

Last month, he pleaded not guilty in Fresno County Superior Court to 16 felony charges in connection with business dealings at his now-closed luxury car dealership, the Auto Gallery on Shaw Avenue in northeast Fresno.

A criminal complaint accuses Vartanian of stealing more than $500,000 from 17 customers and Woodside Credit between March 2007 and November 2008. A status hearing on that case is scheduled for Thursday, but Bacon said the matter will likely be continued to a later date because he still has not received all the evidence in the case.