New Trial Ordered in Wrongful Arrest

A new trial was ordered by the state Supreme Court on Monday to reconsider damages owed to Cal State Fullerton wrestling coach Ardeshir Asgari, who originally was awarded $1.3 million after being falsely accused of transporting and selling heroin to an LAPD officer.

Asgari spent more than seven months in jail prior to his acquittal.

Pending the outcome of a new Orange County Superior Court trial, Asgari’s award now stands at approximately $50,000 to $60,000, said his attorney, Steven A. Silverstein.

Silverstein said that because of legislation that provides immunity to public entities for malicious prosecution, Asgari cannot receive damages as a result of false imprisonment after his arraignment in 1987. Nevertheless, Silverstein expects a new jury to award a larger amount than the original figure.

“I believe we’re going to get substantially more the second time than we did the first time,” Silverstein said. “Everybody in the world understands the LAPD.”

In December 1987, Asgari was accused of transporting heroin and offering to sell $35,000 worth to a police informant.

Asgari proclaimed his innocence. After his acquittal in Orange County Superior Court in July 1988, Asgari filed a $5-million suit for wrongful arrest against LAPD. He was awarded $1,327,000.

The city of Los Angeles appealed the jury’s decision, and the appeals court lowered the amount of damages relating to conspiracy by $70,000. The California Supreme Court then reviewed the case to determine whether the trial court could allow Asgari to seek damages after his arraignment.

The high court ruled that he could seek damages only for the time between his arrest and his arraignment, which was seven days. The high court sent the case back to Orange County Superior Court to determine the amount of damages, but the Superior Court ruled that another trial would have to be held to set that figure.