PLEASE COMPLETE THE FOLLOWING: (Check appropriate number)
This petition concerns:
1. a conviction and/or sentence.
2. prison discipline.
3. a parole problem.
4. other.
PETITION
1. Venue
a. Place of detention Calipatria State Prison, Calipatria, CA 92233
b. Place of conviction and sentence L.A. Central Court-Criminal 210 W. Temple St., Depart #101, Los Angeles, CA 90012
2. Conviction On Which the petition is based(a separate petition must be filed for each conviction being attacked).
a. Nature of offenses involved(include all counts):
Count 6: Conspiracy to commit murder;
Count 7: Attempted first degree murder;
Count 8:Assault with deadly weapon.
b. Penal or other code section or sections:
Count 6: Penal Code §§ 182/187
Count 7: Penal Code §§ 664/187;
Count 8:Penal Code §§ 245(a)(1).
c. Case number: Trial Court :BA221557: Appeal Case: B168980
d. Date of conviction: April 11th, 2003
e. Date of sentence: May 30, 2003
f. Length of sentence on each count:
Count 6: 25 Years to life;
Counts 7& 8: Stayed pursuant to Penal Code § 654 ;
g.Plea(check one):
Not guilty
Guilty
Nolo contendere
h. Kind of trial (check one):
Jury
Judge only
3. Did you appeal to the California Court of Appeal from the judgment of conviction? Yes No
If so, give the following information for your appeal(and attach a copy of the Court of Appeal decision if available)
a. Case Number B168980
b. Grounds raised (list each):
(1)Trial Court's abuse of discretion denying Motion for new trial.
(2) Trial Court committed prejudicial error under Federal and State Constitutional law in excluding evidence that would have shown the Babaian's motive to falsely accuse Zinchenko of the stabbing and would have undercut their credibility through evidence of inconsistent statements.
(3) Trial Court committed prejudicial error under Federal Constitutional and State law in excluding evidence of Lisa Babaian's recent theft related crimes.
(4) Trial Court committed reversible error under Federal and State Constitutions in admonishing the jurors how to select a Foreman.
c. Date of decision: November 17th, 2004.
d. Result Judgment affirmed
4. If you did appeal, did you also file a Petition for Review with the California Supreme Court of the Court of Appeal decision? Yes No
If so give the following information(and attach copies of the Petition for Review and the Supreme Court ruling if available):
a. Case number: S130034
b. Grounds raised(list each)
(1) Denial of a Motion for New Trial violated the right to present a defense;
(2) Exclusion of evidence violated right to due process, confrontation, compulsory process for victim's motive to falsely accuse;
(3) Exclusion of evidence violated right to due process, confrontation, compulsory process for victim's motive for crimes of moral turpitude;
(4) Admonition of Jurors violated right to due process
c. Date of decision: February 16th, 2005
d. Result Petition for Review denied.
5. If you did not appeal: N/A
a. State your reasons.
b. Did you seek permission to file a late appeal? Yes No
6. Have you previously filed any habeas petitions in any state court with respect to this judgment of conviction? Yes No
If so, give the following information for each such petition(use additional pages if necessary, and attach copies of the petitions and the rulings on the petitions if available):
a. (1) Name of court N/A:
(2) Case number: N/A
(3) Date filed(or if mailed, the date the petition was turned over to the prison authorities for mailing:
(4) Grounds raised(list each): N/A
(a) ______
(b) ______
(c) ______
(d) ______
(e) ______
(f) ______
(5) Date of decision: N/A
(6) Result N/A
(7) Was an evidentiary hearing held? Yes No
b. (1) Name of court N/A:
(2) Case number: N/A
(3) Date filed(or if mailed, the date the petition was turned over to the prison authorities for mailing:
(4) Grounds raised(list each): N/A
(a) ______
(b) ______
(c) ______
(d) ______
(e) ______
(f) ______
(5) Date of decision: N/A
(6) Result N/A
(7) Was an evidentiary hearing held? Yes No
c. (1) Name of court: N/A
(2) Case number: N/A
(3) Date filed(or if mailed, the date the petition was turned over to the prison authorities/or mailing):
(4) Grounds raised(list each): N/A
(a) ______
(b) ______
(c) ______
(d) ______
(e) ______
(f) ______
(5) Date of decision:.N/A
(6) Result _ N/A
(7) Was an evidentiary hearing held? Yes No
d. (1) Name of court: N/A.
(2) Case number: N/A
(3)Date filed(or if mailed, the date the petition was turned over to the prison authorities/or mailing):
(4)Grounds raised(list each): N/A
(a) ____
(b) ____
(c) ____
(d) ____
(e) ____
(f) ____
(5) Date of decision: N/A
(6) Result N/A
(7) Was an evidentiary hearing held? Yes No
7. For this petition, state every ground on which you claim that you are being held in violation of the Constitution, laws, or treaties of the United States. Attach additional pages if you have more than five grounds. Summarize briefly the facts supporting each ground. For example, if you are claiming ineffective assistance of counsel, you must state facts specifically setting forth what your attorney did or failed to do.
CAUTION: Exhaustion Requirement: In order to proceed in federal court, you must ordinarily first exhaust your state court remedies with respect to each ground on which you are requesting relief from the federal court. This means that, prior to seeking relief from the federal court, you first must present all of your grounds to the California Supreme Court.
CASE EVALUATION
I. SIGNIFICANCE OF THIS CASE: Personal problem, could be analyzed on family, professional, or social level, having different magnitude of impact. Court case mirrors the same levels. Amazing! How many good attorneys were bogged down in details analyzing the trees in the case, until they weren't able to see the forest. The lack of political, ethnic, cultural knowledge of law and fact were fatal in drawing attorneys strategies and making conclusions regarding victims organized crime record.
II. HIGH LEVEL OF IMPACT: THIS CASE JUSTIFIES SEPTEMBER 11th. ANSWERS WHY AMERICA WAS CAUGHT SURPRISED ON SEPTEMBER 11th, 2001 AND WOULD BE SURPRISED AGAIN.
The collapse of the communism in 1989-1991 covered more than 1/6th of the world encompassing 25 countries in Europe alone: USSR-15 countries, Poland, Chech, Slovakia, Hungary, Rumania, Bulgaria, Yugoslavia, Bosnia-Herzegovina, Croatia, Slovenia, East Germany.
At the end of the cold war USSR have been producing more alloys and expensive strategic metals(vanadium, titanium, nickel, chromium, volframium, copper, aluminum, silver and gold) than USA and Western Europe all together. The tank factory in Nijniy Taguil by far was the largest industrial underground complex in the world covering many squire miles.
According to Communist Strategic Doctrine each heavy industry plant should stock pile row materials for 6 months independent production. The political, financial, economic anarchy fall out after M. Gorbachov failed democratic reforms has created bonanza of options for criminal world.
According to Russian Orthodox Church newspaper "Rus Pravoslavnaya" between 1991-2001 more than 1,000 billion dollars(1 trillion) headed West. The Russian State was depraved of more than 500 billion dollars in taxes, fees and levies also heading West, without counting Western aid programs immediately pillaged and heading West too. All of this was unfolding up front of the eyes of USA enormous army of intelligence agents, diplomats, politicians, military and economic analysts with special tasks, special budgets, under special rules of engagement out of over site and responsibilities in Western Europe.
When that stampede wave of political refugees, adventurists, thieves, criminals has hit Western Europe all of these USA specialists faced though choice between personal interests and professional duties.
A suspect loaded with suit cases of cash is looking for refuge, help, abetment, immigration status. The US operative in Munich would pick up the cash, audit it and send it to US Treasury, advising him to wait couple of years for immigration visa.
NO, NO, YOU ALL GOT IT WRONG!!! They would split the money in exchange of protection and American visas. Next day USA Special agent would drive from Munich to Zurich-Switzerland untouchable under his diplomatic registration and deposit the bags of cash still in Russian wrap paper.
That Huge Wheel of Fortune, that Once in a Century opportunity drained all American intelligence resources close to the pillaging, looting and ransacking of Eastern Europe. USA depleted of vital intelligence and security resources had faced September 11th.
Regarding East-West ventures in best position were Armenian, Baltic States and Jewish communities with significant number of ethnic brethrens on the both sides of the failing Iron curtain. Jewish community was in the best position equally favered by President Clinton-7 of his Cabinet Secretaries - Jewish and on Russian side by Yelzin's wife Naina, who was Jewish too-all Russian Oligarchs Berezovsky, Goussinsky, Hodorkovskiy, Abramovich and top Privatization executives Chubais, Nemtzov were Jewish. That explains how tiny islands of Cyprus (Greek part only) Nauru and Antigua with their weak governments, no regulations turn to be a Mecca for Offshore business and money laundering with more than $100 billion dollars coming from Russia alone. Not far behind were Liechtenstein, Luxemburg, Monaco, Vienna, Zurich and of course USA.
Germany held a special place: 2,000,000 ethnic Russian-Germans returned back from USSR to Germany, 350, 000 Russian-Jewish immigrants made Germany their home, 500,000 Russian military in East Germany drove crowds of friends, relatives. Germany was closer, offering better welfare, more jobs, higher pay than any other European country.
III. SOME FACTS:
THE ORGANIZATSIYA Russians are the most. powerful gangsters in the world. They own Russia meaning they own all banks and are able to get weapons from the Red army. Some Mafia groups even have their own weapon factories. The Russians have spread out since the Fall of the Soviet Union and have established strongholds in Western and Eastern Europe, the United States, Canada, the Middle East (particularly Israel) have established links with South American drug cartels. They are doing business in weapons, drugs, prostitution, money laundering, and anything that makes a dollar, even selling nuclear submarines lo Colombian drug cartels.
Russian émigrés communities in New York's Brighton Beach district, in Israel, Paris and London were seeded with mafia spawn.
The German interior minister claimed recently foreign companies based in Russia routinely pay up to 20% of their profits to the mafia.
Russia sees around 10,000 fatal shootings a year, 600 of which are contract killings. In the last five years 95 bankers have been murdered.
In 1994 Russia's then interior minister, Mikhail Yegorov, said the number of organised crime groups in the former Soviet Union had grown from 785 during Gorbachev's reign to 5,691.
By 1996 this estimate had grown to 8,000 groups, each with memberships of between 50 and 1,000. The government in Moscow estimates the Russian mafia controls 40% of private business and 60% of state-owned companies.
Unofficial sources say 80% of Russian banks are controlled either directly or indirectly by criminals.
Louis Freeh, head of the American Federal Bureau of Investigation (FBI), said recently the Russian mafia was the greatest threat to US national security although he later withdrew this comment.
In 1995 an FBI document stated: "If Russian organized crime could help foreign crime networks to gain access to nuclear material or other fissile weapons then the scenario becomes truly frightening.
Another favourite target is Israel. Many Russian gangsters claim to be of Jewish origin, in order to get an Israeli passport. The Russian mafia is said to have poured £2.5 billion ($4 billion) into the Israeli economy.
One highly profitable area in which they are thriving is prostitution. Dozens of brothels and peepshows have sprung up in Tel Aviv and Haifa in the last few years.Many are controlled by Russian mobsters who recruit Eastern European women who then become trapped and subservient. Women are often traded between gangsters for £6,000 ($10,000) to £9,000 ($15,000) and routinely have their passports taken away by their pimps. Detective Toni Haddad of the Haifa vice squad says: "They are sold like slaves. "Nobody cares. I don't think it's life for them,"
Commander Meir Gilboa, chief of the Israeli Aggravated Crime Unit, has noticed the increasing activity of Russian gangsters. "It's easy for Jews to receive Israeli citizenship. If they are not Jews they are smart enough to forge documents in order to become citizens. They feel much safer here than in Russia." "They have the means at their disposal to corrupt government and economic systems.
One New York cop said: "You see that building across the street? They -Russian Mafiya-bought it, they are spying on US, watching the snitches as they come out of the precinct." When they kill...They cut of the arms, legs and head of their victims...it's brilliant...no evidence." "They will shoot you just to see if the gun works"
North Miami Beach, club Babushka 19 March 1995 introduced Fainberg then DEA undercover agent Yasevich to the Cuban Juan Almeida and said the colombians wanted to buy a submarine. Contact person is Nelson "tony" Yester.
Brighton Beach, NY, Zilber brothers17 october 1995 Anthony Morelli, Joseph “Joey Benz” Maritato, Edward Dougherty, Vladimir Zilber, Mela Rubinov, Arkady Seifer, Igor Roizman, Jacob and Vyacheslav Dobrer and George Doddy were convicted for the gazoline fraud
Moscow, Volgograd Aluminium factory 31 July 1995 the Moscow controller of the Volgograd Aluminum fabric was shot dead. Since beginning of April at least 4 people in the Aluminum mining in the Tyumen district were killed or wounded by the mafia when they try to take control over oil and aluminum.
Rosbiznesbank, Director Ivan Kivelidi(Georgian) killed. On 4 August 1995 was the banker Ivan Kivelidi (46) with his female secretary poisoned. Kivelidi was the director of the Rosbiznesbank one of the biggest banks of Russia. Also he was the head of an influential group of entrepreneurs called the Russian Round table for Businessmen of which he was the 9th murdered member. The last 3,5 years 80 murder attacks were directed at businessmen of which half died.
Jekaterinburg (former Swerdlovsk) 21 March 1996 Valentin Smirnov (62) was shot dead in Jekaterinenburg, he was one of the most famous scientists for the Russian defense industry and the murder was possibly connected to the invented by him rocket counter system S 300V, the Russian counterpart of the American Patriot system, there was a 60 million dollar contract to the USA, later was found out that his business partner was implicated.
Sochi meeting 27 May 1995 in the bathing city Sochi at the Black Sea there was held a meeting of the most important mafia leaders from Russia, USA and Greece, police arrested 300 gang leaders but had to let them go after 3 days.
Sochi, Russia Summer 1997: "Zhunglo" Gambarov (Sochi organized crime boss) is shot by a sniper in Sochi, Russia. This resort area is under control of Russian Mafia and seeing a influx of Colombian drug traffickers to the region.
Chechens and Georgians, like Sicilians and Neapolitans, have played a disproportionately large role in the underworld.
Vienna, Austria In July 1996 in Vienna businessman David Sanikidze was killed, he was one of the leading Georgian bosses.
Berlin, Germanyin August 1996 in Berlin Wilmersdorf the Georgian Mafioso Shakro Kakachia was shot and killed. In October 1996 German police invaded the Berlin restaurant "Astoria" where about 110 Russian guests had a party, 40% of the tracked down people where registered at the police files as criminals. Were these murders only the beginning?
BERLIN - After the puzzling murder at the Georgian Mafia Boss Shakro Kakachia (56) now it gives a hot trace leading to Vienna. There on July, a high Mafia Boss was likewise shot on open road: the Georgian David Sanikidze (50). "The execution according to the COURIER newspaper is in close relationship with the death of Kakachia", confirmed Ermittler of the Vienna safety office. Kakachia, which was stretched-down with 14 shots on the parking deck upfront of his Wilmersdorf dwelling (COURIER reported), had constantly contact with Sanikidze.
The last one D. Sanikidze a highest godfather of the Georgian Mafia in Europe gave instructions to his countrymen from Vienna through managing director in Berlin ". Kakachia and Sanikidze were considered initial members of the Georgian Mafia. In Moscow they already developed close contacts to the Russian underworld. Kakachia and Sanikidze began to organize economical ties to the West in the early 90's. They were the trustees to the Austrian tour operator "Marco Polo" who would build the International hotel "Metechi" without serious problems in the Georgian capital Tiflis. But the godfathers took off the money completely. Approximately two years ago, Kakachia must have come to Berlin. Its tasks: illegal trade with economic goods, money laundering and the extortion of approximately 350 businessmen from the former USSR, who live today in Berlin. The Georgian co-operated with the four most important groups of the Russia Mafia: the Tschetschenskaja generic term China (bank and armed robberies, autotrade). the Dolgoprudenskaja (extortion, money laundering, order murders), the Solnzewskaja (white-collar crime, drug and arms traffic) and Puschinskaja (protection money, extortion) The Mafia expert and journalist Juergen Roth (50): "These groups are busy to put their bloody money into legal business quickly. They buy up cars or expensive real estate. Kakachia also was implicated into these things."
These murders could be only the beginning of a Mafia war." Insider assumes that the murders of Kakachia and Sanikidze were committed by Georgian Mafiosi, which are close to president Edward Shevardnadze and Tiflis Government. The murdered godfathers had co-operated closely with the former advisor of the president, Dchaba Josseliani. who likewise was a Mafia Boss, but fell in disgrace with Shevardnadze and in 1995 was arrested, nk
Businessman from Georgian origin shot. The man, who was shot on Sunday in an underground parking at the Schlangenbader road in Wilmersdorf, is identified. According to death certificate of the criminal investigation department he was Shakro Kakachia about 56 year old Georgian from Wilmensdorf. The businessman had driven its 600 Mercedes around 19.20 in the evening into the underground parking, when suddenly several shots were fired. Bullets pierced the driver's door. The Georgian was dead on the spot. The coworkers of him do not exclude contract murder.