RAPE defendant William Abraczinskas has subpoenaed the CNMI Superior Court’s human resource office for documentation, reports and interviews related to the allegation that he sexually assaulted another judicial employee.
Abraczinskas, 34, a former law clerk of Judge Kenneth L. Govendo, was charged with sexual assault in the first degree, assault and battery, and disturbing the peace.
Represented by Chief Public Defender Douglas Hartig, the defendant filed an amended subpoena ad testificandum and subpoena duces tecum on Aug. 2, addressed to Michelle V. Guerrero, CNMI Superior Court human resources officer.
The subpoena directs Guerrero to bring records of Abraczinskas employment with the Superior Court to the Public Defender’s Office in Susupe on Aug. 4, at 1 pm.
The subpoena also seeks all records, written reports, statements, oral recordings or other memorandum regarding a human resource/EOC complaint that Abraczinskas filed in Superior Court.
The subpoena likewise requested the court’s human resource office to turn over all investigation reports related to the EOC complaint that Abraczinskas made, including interviews of him by Chief Marshal Jason Tarkong as well as interviews of Daisy Mendiola, Pearlyn Blas, Rose Camacho and others.
In addition, Abraczinskas, through the subpoena, requested a draft email he composed and stored in a computer hard drive that he used while working at the Superior Court pertaining to the complaint he filed.
After the CNMI Supreme Court denied his request for a stay in proceedings, Abraczinskas has asked for the same thing from the Superior Court.
He is seeking a stay of proceedings until the high court has reached a decision on whether to overturn the trial court’s decision not to disqualify its judges from his case.
He earlier requested Superior Court Judge Joseph N. Camacho to recuse himself due to the “appearance of impropriety.”
But the judge denied the request and set a deadline for discovery, requests for a bill of particulars, as well as other notices and pleadings for Aug. 17, 2023.
Hartig then filed a petition in the CNMI Supreme Court. He is asking the high court to issue a writ ordering the disqualification of Superior Court judges from presiding over the defendant’s case.
“As currently scheduled,” Hartig said, the trial court “would hear motions related to trial before the Supreme Court has even received all the briefings, let alone issued a ruling as to defendant’s challenge regarding this court keeping jurisdiction on this case.”
Hartig said his client “is actively contesting the [trial] court’s continued jurisdiction in this matter and it is therefore unreasonable to hold a pretrial conference before the briefings are due in the Supreme Court, and before the Supreme Court is afforded a reasonable amount of time to rule on this matter.”
Judge Camacho has set a motion hearing for Friday, Aug. 25, at 10 a.m. He ordered the parties to appear.
