ATTORNEY Brien Sers Nicholas has asked the Superior Court to dismiss the sexual assault case against his 17-year-old client for the violation of the defendant’s right to speedy trial.
Nicholas at the same time asked the court to suppress any evidence seized from the defendant, Kenneth Thomas Blas Kaipat, including DNA evidence that may be used against him at his trial.
Kaipat was charged with three counts of sexual assault in the first degree, two counts of sexual assault in the second degree, aggravated assault and battery, assault with a dangerous weapon, strangulation, and burglary.
Superior Court Associate Judge Joseph N. Camacho, who found probable cause to charge Kaipat last month, has voluntarily recused himself from presiding over the case, which has been reassigned to Associate Judge Wesley Bogdan.
The charges against Kaipat stemmed from an alleged rape incident that occurred in a San Vicente home in 2019.
Nicholas, in his motion to dismiss, stated that some “12 months and two days” had passed since Kaipat’s initial arrest, and the “defendant still has yet to have a trial date much less a trial, contrary to his constitutional right to a speedy trial.”
The delay is “attributed wholly to the Commonwealth and no one [else],” he added, referring to the prosecution.
“Matters only got worse for him when the juvenile court relinquished its jurisdiction over the defendant as a juvenile, resulting in full-blown media reporting of this case to the public. The facts of this case are not good and while the defendant is presumed innocent (he is actually innocent), the bad publicity did not make and has not made his life any easier, especially when he was on campus for school. There is no reason to believe that things will change for the better unless he [the defendant] has his day in court and is proven to be innocent of all the baseless criminal charges against him in this case by the Commonwealth…. The foregoing delay has prejudiced and continues to prejudice the defendant in this case,” Nicholas said.
As for the motion to suppress evidence, Nicholas said the government needed to obtain a search warrant before seizing any saliva samples from Kaipat. “This same analysis applies equally to the fingernail swabs seized from the defendant as well. A search warrant was required in this regard as well…but none was obtained from this court,” he added.
Nicholas said, contrary to the statements of the police, there was never any consent from the defendant’s parents for the government to search and seize from Kaipat evidence that the defense wants suppressed.
Kaipat’s parents filed two separate affidavits stating that they had not given the police consent to obtain DNA from their son.
On June 2, 2019, the Department of Public Safety said it responded to a “home invasion incident” and a “disturbance” in San Vicente where a woman was seriously hurt.
In June 2020, Kaipat was arrested and taken to juvenile custody after DPS received a DNA laboratory test report from the FBI.
The case was later transferred to the adult court.
Nicholas also filed a cross-motion for contempt against Chief Prosecutor John Bradley and Assistant Attorney General Samantha Vickery.
Nicholas said they should be held in contempt of court for their “scandalous accusations” against the court.
Nicholas likewise accused Bradley of “talking to the media not once but twice about this case while it was still a juvenile matter.”
In addition, Nicholas accused Bradley of “condoning and permitting Vickery in making arguments about Judge Camacho being biased against sexual assault victims and [of] not follow[ing] the law,” which is comparable to “accusing the court of this Commonwealth of being unfair and corrupt.”
Presiding Judge Roberto C. Naraja has assigned the motion for contempt of court to Associate Judge Kenneth L. Govendo who has not yet scheduled a hearing.
