THE Public Defender’s Office, which is representing William Abraczinskas, has requested the Office of the Attorney General to produce background information on witnesses that it intends to call at the defendant’s jury trial.
Abraczinskas, a former law clerk of Judge Kennth L. Govendo, was accused of rape by another court employee. He has denied the charge.
Superior Court Judge Pro Tempore Elyze M. Iriarte has scheduled the jury trial to begin on Monday, Sept. 9 at 9:30 a.m.
In a motion to compel discovery, Assistant Public Defender Charlene Brown stated that the defendant is requesting the prosecution to produce the following: records related to past or active criminal charges, employment records (including Internal Affairs records) of, and materials concerning, training, performance goals, and awards for the law enforcement personnel the Commonwealth intends to call or does call as witnesses at trial.
She said the motion is made in good faith and not for the purpose of delay.
“The requested evidence and information are material to the defense and disclosure would be neither unreasonable nor oppressive to the government, but will facilitate a fair, efficient and just disposition of the charges against defendant,” Brown said.
On July 13, 2023, she served the OAG a letter demanding that the Commonwealth preserve and produce all material that was discoverable.
Brown asked the court to order the prosecution to produce the requested discovery by a date prior to trial to allow the defense to review such materials in preparation for trial.
Recently, Judge Iriarte issued an order staying the enforcement of a subpoena issued to the Judiciary’s Human Resources Office pending the outcome of the motion to quash.
The Superior Court issued two subpoenas duces tecum — one for the Judiciary’s HR officer and the other for Office of Personnel Management Director Joseph M. Pangelinan. Assistant Attorney General Frances Demapan asked the court to issue the subpoenas.
She is seeking a “copy of any written or recorded reports, documents, email correspondence, findings, or statements” involving the Equal Employment Opportunity complaint filed by Abraczinskas against his accuser.
The CNMI Judiciary, through its general counsel Hyun Jae Lee, requested the court to quash the subpoena duces tecum issued to the Judiciary’s HR.
Lee also asked the court for a protective order, or, as an alternative, to modify the subpoena.
“The subpoena must be quashed as it seeks confidential and privileged materials,” Lee said.
According to the complaint against Abraczinskas, on May 26, 2023, police received a walk-in complaint from a judicial employee who alleged that her co-worker, Abraczinskas, sexually assaulted 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 with her supervisor about the alleged sexual assault, she said she found the courage to come to the Department of Public Safety and tell her side of the incident.
According to Variety news files, Abraczinskas was detained and then released on a $100,000 unsecured bond, but placed under house arrest.
