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Jurors convicted Konstandin “Dean” Bitzas of all counts relating to guns found in his apartment last Sept. 1 by police who came with a search warrant following a domestic violence complaint by his girlfriend — who he said deliberately put the guns there.
Yesterday they found Bitzas, 45, guilty of three counts of illegal weapons possession related to a Norinco SKS assault rifle and two high-capacity banana ammunition clips.
Presiding Superior Court Judge Liliana DeAvila-Silebi split the charges in two for the jurors to consider separately after dismissing the domestic violence charges last week.
The judge blamed the alleged victim, Peggy Kalfaian, for making incriminating remarks about drug use despite repeated warnings to stop. DeAvila-Silebi then “bifurcated” the remaining weapons charges.
There will be an appeal, defense attorney Ron Bar-Nadav told CLIFFVIEW PILOT after today’s verdict.
Defense attorney Ronald Bar-Nadav, defendant Konstandin “Dean” Bitzas (STORY / PHOTOS: Mary K. Miraglia, CLIFFVIEW PILOT Courthouse Reporter)
“Dean Bitzas was wrongfully accused by a person who clearly turned out to be unstable,” he said.
Bitzas’s girlfriend “had every motive and opportunity to plant those guns in his home, and that is exactly what happened.”
Yesterday’s deliberations took about two hours.
Today’s were less than half that — and came after even more courtroom fireworks.
At one point the judge told Bar-Nadav to be seated after he attempted to interpret the legal definition of “possession” during his closing argument to jurors.
Bitzas then took the stand himself and repeated his allegations that Kalfaian planted. He claimed they belonged to former boyfriend of hers who he said is now in prison in New York.
Bitzas said Kalfaian wanted to get rid of the weapons that the ex — whom he identified only as “Frank” — left behind with her and wanted to get revenge on him because he was breaking off their relationship.
DeAvila-Silebi stopped him, explaining the strict limits on what he could say.
“I’m fighting for my life here,” Bitzas responded, “and you won’t let me make my statement.”
Authorities said they found the fireams under a bed, in the drawer of a nightstand, and in a safe at the back of a closet.
Bitzas said he rarely locked the house or safe, both of which Kalfaian — a frequent overnight guest — had easy access to.
DeAvila-Silebi last week threw out Kalfaian’s testimony, and dismissed the domestic violence charges, after Kalfaian ignored repeated instructions from her and a prosecutor not to make accusations that weren’t part of the case (SEE: Gun trial shocker: Judge dismisses domestic violence charges against Fort Lee businessman after ‘victim’ misbehaves).
Kalfaian referred to drug use and pantomimed smoking a crack pipe for jurors.
Questioning from Bar-Nadav, she also made several allegations against Bitzas — including making her walk home shoeless in a snowstorm and taking her on a trip two weeks after they started dating to Greece, where she said he “kept me in a concrete bunker with no food, no water, no phone, no car.”
Kalfaian also refused to tell jurors where she worked or lived, shouting several times at Bar-Nadav: “None of your business, sir! I won’t answer that!”
After the eighth drug reference, in Kalfaian’s second day of testimony, DeAvila-Silebi stopped the trial, sent the jurors to lunch, then explained the dismissal to her.
The case already saw strange developments, including DeAvila-Silebi accusing Bitzas of keeping the case file from his attorney in a deliberate attempt to delay his trial (SEE: Judge accuses Fort Lee man in gun case of keeping trial file from lawyer).
This came after Bar-Nadav requested a psychiatric evaluation for his client (SEE: Lawyer seeks psych exam for Fort Lee ex-con towing operator charged with threatening girlfriend with gun).
Jurors yesterday convicted Bitzas of:
- second degree possession of an assault firearm, a Norinco SKS rifle, without a valid assault firearms license;
- two separate fourth degree counts of possession of large capacity ammunition magazines.
They convicted him today of:
- possession of a Llama .357 revolver, having previously been convicted of felony possession of cocaine;
- possession of a Glock 23 .40-caliber handgun, having previously been convicted of felony
- possession of cocaine;
- possession of a Colt Police Positive .38 Special revolver
- possession of a Savage 67H 12-gauge shotgun
- possession of a Norinco SKS assault rifle — all without permits to purchase the weapons.
The charges from Kalfaian’s domestic violence complaint that were dismissed: possession of a firearm to use unlawfully against another; threatening to kill Kalfaian; and pointing a firearm at her under circumstances manifesting extreme indifference to human life.
DeAvila-Silebi set sentencing on both convictions for Oct. 24.
Assistant Bergen County Prosecutor Vered Adoni, defense attorney Ron Bar-Nadav, Presiding Superior Court Judge Liliana DeAvila-Silebi (STORY / PHOTOS: Mary K. Miraglia, CLIFFVIEW PILOT Courthouse Reporter)
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