THE Superior Court should deny William Abraczinskas’ motion to set aside the jury’s verdict, according to the Office of the Attorney General.
On Sept. 13, 2024, a jury of five women and one man found Abraczinskas, 36, guilty of sexual assault in the first degree, assault and battery, and disturbing the peace.
He self-surrendered to the Department of Corrections the next day at 9 a.m.
During the trial, Abraczinskas was represented by Assistant Public Defenders Charlene Brown and Karie Comstock.
Brown, in their motion for acquittal, said, “The evidence presented by the government failed to establish that the alleged offenses were committed by the defendant and therefore failed to prove the elements of the crime alleged in the information.”
Assistant Attorney General Frances T. Demapan and Chief Prosecutor Chester Hinds prosecuted the case.
In her opposition to the defendant’s motion for acquittal, Demapan said: “Viewing the evidence in the light most favorable to the government, the Commonwealth has met its burden to establish that any reasonable trier of fact could find the essential elements of Sexual Assault in the First Degree, Assault and Battery, and Disturbing the Peace beyond a reasonable doubt.”
Demapan noted that the motion for judgment of acquittal must be granted only if “there is no evidence upon which a reasonable mind might fairly conclude guilt beyond a reasonable doubt.”
Abraczinskas is a former law clerk of Superior Court Associate Judge Kenneth L. Govendo while his accuser is Abraczinskas’ former co-worker.
During the trial, the prosecution called seven witnesses. They were Department of Public Safety Detective Shannon Dela Cruz, Police Officer Hector Efraim, the judiciary’s human resources officer, Michelle Guerrero, Judge Govendo, judiciary deputy clerk Pearleen Matagolai, Beach Garden manager Antonio Reyes, and the victim herself.
The defense did not call any witnesses.
In a separate motion, the defense has requested the court to allow the PDO to withdraw from representing Abraczinskas and appoint another attorney to represent him.
Brown said, “The motion is made on the basis that defendant wishes to file an appeal/post-conviction/habeas petition to the Supreme Court. The defendant will make ineffective assistance claims as well as other claims against the PDO.”
Judge Pro Tempore Elyze Iriarte, who is presiding over the case, has scheduled a hearing for Oct. 18 at 10 a.m.
Background
On May 26, 2023, police received a walk-in complaint from a judicial employee, who accused her co-worker, Abraczinskas, of sexually assaulting her on April 8, 2023, at Beach Garden Apartments.
She also told investigators that she had learned that Abraczinskas filed a sexual harassment complaint against her with the judiciary’s human resources office.
After meeting with HR and opening up to her supervisor about the sexual assault, she said she found the courage to come to the Department of Public Safety and tell her side of the incident.
Abraczinskas has denied the charges.
