U.S. District Court for the NMI Presiding Judge Alex Munson denied the motion to continue the appearance indefinitely of Jose L. Kaipat, currently living and working near Seattle in the western district of Washington.
Assistant U.S. Attorney Kirk W. Schuler, who is prosecuting the case, and Assistant Federal Public Defender Peter Avenia, representing Kaipat, jointly filed the motion yesterday.
“The parties have discussed the case and it is anticipated that the continuance will allow the parties an opportunity to resolve this matter pursuant to an agreement without the need for an independent initial appearance,” the prosecution and defense stipulated.
Both parties also agreed in moving the matter to be transferred to the western district of Washington.
“The court will entertain a further continuance if it is required,” Munson stated in his order, denying the motion.
The grand jury has indicted Kaipat for one count of false distress message.
On April 18, 2009, the indictment stated Kaipat “falsely [identified] himself and [claimed] he was a boater in distress while en route to Saipan from Guam.”
The indictment said Kaipat called the CNMI’s Emergency Management Office and “did knowingly and willfully communicate a false distress message to the United States Coast Guard and caused the United States Coast Guard to attempt to save lives and property when no help was needed.”
Munson ordered the unsealing of the case yesterday.
