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, reported the Armenian Assembly of America.

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.

Pursuant to established law, 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.” 

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. 

The litigation began in April 2007, when Mr. Cafesjian and his foundation sued the Assembly and the Armenian Genocide Museum & Memorial (AGMM). The Assembly consistently sought settlement as well as arbitration and wanted to resolve the matter privately.  The Assembly had previously agreed to a court-mediated settlement, which was rejected by Mr. Cafesjian.  In addition, the Assembly repeatedly agreed to meet with Mr. Cafesjian, including a meeting that was brokered by His Holiness Karekin II.  Unfortunately, the Cafesjian side cancelled the meeting at the last minute and instead pursued a campaign to derail the museum’s progress. Earlier this year, Mr. Cafesjian sued the Assembly again as well as Hirair Hovnanian and Van Krikorian personally.