The Armenian Assembly filed motion for a new trial on the Armenian Genocide Museum issue, according to a statement issued by the organization on March 16. Below are excerpts from the statement.
It has come to the Armenian Assembly’s attention that Mr. Gerard L. Cafesjian and the Honorable Judge Colleen Kollar-Kotelly who oversaw the trial late last year appear to have failed to disclose that they were familiar with each other. In addition, the parties failed to disclose that they made a joint gift to the Metropolitan Museum of Art of a unique piece of contemporary glass art.
Having recently discovered the existence of a previously undisclosed “mutual interest” and “beneficial relationship” between the trial judge and Mr. Cafesjian, attorneys for the Armenian Assembly last week filed a motion for a new trial on the basis that the Assembly did not receive an impartial trial. It is interesting to note that, out of all the judges of the District of Columbia’s federal court, the case was heard by this particular Judge.
Specifically, attorneys for the Assembly stated in the motion that “Judge Kollar-Kotelly and Cafesjian are recognized publicly as joint donors” to a piece of modern glass art by Stanislav Libensky and Jaroslava Brychtova at the Metropolitan Museum of Art. Cafesjian testified at trial that he wanted Libensky to design a glass sculpture for the Armenian Genocide Museum project. Judge Kollar-Kotelly also made reference to Libensky in her 190-page Memorandum of Opinion.
In addition to the joint gift to the Metropolitan Museum of Art, the Kotellys and Mr. Cafesjian also share an interest in well-known glass artist Dale Chihuly as both collect Chihuly’s works. Mr. Cafesjian testified at trial that Chihuly was featured at the Cafesjian Museum of Art in Armenia. Judge Kollar-Kotelly also referenced this fact in her 190-page Memorandum of Opinion, but again failed to disclose that there was a shared interest with the litigant, Mr. Cafesjian.
Pursuant to established law (28 U.S.C.A. Section 455a), a judge “shall disqualify himself in any proceeding in which his impartiality might be reasonably questioned.” Further a judge shall also disqualify himself where the judge or the judge’s spouse has “an interest that could be substantially affected by the outcome of the proceeding.” The Supreme Court of the United States has explained the necessity of this requirement to promote public confidence in the integrity of the judicial process, and even the judge’s lack of knowledge of a disqualifying circumstance does not “eliminate the risk that ‘his impartiality might be reasonably questioned’ by other persons.” It is also established precedent that any further proceedings on the current case should cease.
The impartiality of the Judge, who served as judge and jury, is also called into question based on a nexus between Mr. Cafesjian, former President Bill Clinton, Judge Kollar-Kotelly and her husband John Kotelly, who is an established lawyer in Washington, DC. President Clinton appointed Judge Kollar-Kotelly to the federal bench in 1997. Cafesjian’s business colleague at West Publishing, Dwight D. Opperman had stated that he and President Clinton were so close that on one occasion President Clinton visited Mr. Opperman during his presidency and slept at Mr. Opperman’s office. John Kotelly helped defend President Clinton during the Monica Lewinsky episode. Additionally, Mr. Cafesjian also testified that he was on a first-name basis with all of the Supreme Court Justices.
The shared interests and familiarity between Mr. Cafesjian and the Judge may very well explain why undisputed facts and clear conflict of interest issues were overlooked and decided in Mr. Cafesjian’s favor. In addition, more information continues to come to light and the Assembly attorney’s plan to file supplemental materials, including The Inner Light: Sculpture by Stanislav Libensky and Jaroslava Brychtova exhibition at the Museum of Glass, of which, on the same page Mr. Cafesjian is acknowledged as a “lender” to the exhibit, and Colleen and John Kotelly are recognized as “catalogue sponsors.”
Given the totality of the circumstances and the failure of the Judge and Mr. Cafesjian to disclose their familiarity with one another, and their shared interest and love of glass art, the Assembly’s attorneys have argued that these new discoveries and overlapping interests and relationships “rise above the level at which ‘impartiality might reasonably be questioned,’ which is the applicable standard,” and have filed a motion requesting a new trial before an impartial judge.
And with that, ladies and gentlemen, we can say goodbye to the Armenian Genocide museum. So much about achieving a powerful commemorative as well as political statement in 2015.
Well!! I have known many non-Tashnags, whom I had not any respect for over the years… but I did notice that on occasions these same non-Tashnags were participants ‘donors’, too, to which I chose to be a participant. Yet this did not mean that these non-Tashnags had values which I admired or even understood… For example: When visting our Haiastan in 1970 and learning that the stories emanating from the non-Tashnags – of how well our bretheren were living in Haiastan- were lies!
Manooshag
This whole debacle can be summed up in one word – pathetic.
If Cafesdjian and Hovnanian want to feud like the Hatfields and the McCoys, they shouldn’t be taking the Genocide museum with them.
And to all those folks who have been making public calls about rallying around the one group or another – Cafesdjian or AAA – to get this museum built: after the millions wasted on this lawsuit that just doesn’t seem to end, why would we possibly give more money to these folks? To squander on the next lawsuit? Seriously?
A Genocide museum – great idea, but not with these guys at the helm.
Let me say it again… pathetic.
Manooshag,
On another thread here of today,re Demonstations in Yerevan,I have dwelt upon the necessity to be Civil,form part of the so called Civil societies.Thence it is indeed appropriate that our BBB´s(Ara Baliozian¨s Ref. Tpo Bishops,Benefactors and Bosses)by and by give way to a new Generation middle aged,if not the young to take centre stage and mediate amongst the ARF.Ramgavar,Hiunchag etc., politico and their offshoots.We need new blood in short, those that I describe,will come form our non politico 100,000 strong who form part of the 15 fiedls of Professions worldwide,incl.of in Homeland.Thje Afore mentioned BBB´s can and should go on with theirs(none of our business9 but we should work together to bring forthe the much needed Civil societies through the PCA´s.
Hama haigaagani SIRO,
G.P.
Hrair Hovnanian and Van Krikorian have both led the decline of the Armenian Assembly of America. They are both difficult personalities and very autocratic. Since about 1997 they have made one mistake after another. I have witnessed the organization grow weaker and more confused year by year; now they do whatever the White House and the State Department tells them to do.
Fortunately, the Armenian National Committee has done a great job to pick up the slack and has grown as a result in both membership, influence, and respect. Many of the younger AAA members have defected to the ANC and this a good sign. I would rather have scores of motivated, activist youth than the likes of Annie Totah and her ilk.
Casfesdjian’s group is small and barely makes a noise; it basically consists of Cafesdjian and a couple of former highly esteemed AAA members.
I do not always see eye to eye with the ANC but they have shown some real ambition, activism and courage as of late. I’m not a Tashnag party member but I support them 100%.
This is not the Hatfields/McCoys…. honey, this is the money!! Manooshag
While all this is very interesting, let’s not lose sight of the priority for an Armenian Genocide Museum which up to this time has accomplished many strides. If I’m correct, the AAA was supposed to have a certain amount of work done if not the building operating by this time and they failed according to the original agreement. Let’s see anyone else throw $40M around so willingly and quickly, Mr. Cafesjian deserves better results for his money.
Talking about money, I’ve always donated to both the AAA and the ANCA. With this experience my contributions to the AAA have stopped until there is more to encourage continued interest.
Truthfully, we embarrass ourselves and give any enemies lots of fodder to work with to their advantage and the Armenian’s disadvantage. Such conflict shames the Armenian people.
Joseph, I am so proud of the ANCA leaderships, all volunteers, and too, the great numbers which ANCA leaders have brought together to unite and support our Hai Tahd via the dedicated grassroots membership across America! An accomplishment – time and efforts to accomplish – by patriots, whose love of our people scattered the world over, whose love for our homeland of Haiastan was/is their driving force… Today, the ANCA, composed of dedicated 2nd, 3rd and 4th generation Armenians, all who are in support of the ANCA efforts and too, together with our brethren in all the nations where our Survivors reached whilst fleeing the Turkish Genocide of the Armenian nation – are united. Too, when honesty in government comes to our Haiastan, when patriots are the leaders of Haiastan (w/o misdirected/inexperienced leaders of today) obviously such as a DerBedrossian whose opposition to the ARF of Haiastan to be ‘disconnected’ with the ARF worldwide speaks volumes for his mentality. He, and the leaders who have followed him have not ‘given’ to the citizens of Haiastan – rather, these have been leaders who are takers ‘stealing’ from our Haiastinsi brethern!
NONE OF THE LEADERS OF FLEDGLING HAIASTAN HAVE BEEN PATRIOTS!! They are and have been not of Russian mentality of today – but are of the ‘communist’ mentality – fill your own pockets and to hell with the citizens of Haiastan. When others bicker, make fools of themselves… the ANCA – patriots all – continue in pursuit, together, of our goals for Haiastan.
As Theordore Roosfevelt said IN THE ARENA (in effect): Too, even when they err, at least they remain IN THE ARENA – secure in the knowledge that they are, and they will remain, IN THE ARENA!
Manooshag
We hear rumors that multiple major lawsuits are in the wind!