In the motion filed on July 10, Assistant U.S. Attorney Kirk W. Schuler requested for a prompt reply from the court.
Schuler said Pelisamen was found guilty of conspiracy to commit wire fraud, wire fraud, money laundering conspiracy, and money laundering on June 22, 2009.
He said the U.S. government did not ask for detention prior to sentencing but instead recommended that Pelisamen be released under the same pre-trial conditions.
Schuler said the U.S. government’s motion to detain Pelisamen stemmed from a call to the U.S. Attorney’s Office made by Pelisamen’s brother William Kaipat on July 1, 2009.
Schuler said Kaipat reported felt being threatened by Pelisamen.
Two days after the jury’s guilty verdict, Pelisamen met with Kaipat’s supervisors and asked them to fire Kaipat from his job based on allegations.
Pelisamen said he waited for a full year to come forward with the allegations against Kaipat because he was in jail.
Schuler said the defendant ostensibly lied to Kaipat’s supervisors because not only was he not in jail for the past year, Kaipat’s supervisors found that the allegations against Kaipat were unfounded.
“The defendant wants revenge, and as a result poses a danger to the safety of others and the community,” Schuler said.
At the very least, Kaipat’s livelihood and well-being are threatened, Schuler added.
“So long as the defendant remains released, there is no set conditions that will reasonably assure Kaipat and the rest of his family that they are safe from the defendant’s desire for revenge,” Schuler said.
“There must be clear and convincing evidence that the defendant will not be a danger to the safety of others while released, and danger includes pecuniary harm.
Pelisamen and his co-defendant, attorney Joseph Arriola, were arrested for making unauthorized withdrawals from the Rita Kaipat estate in 2007.
Pelisamen’s motion for a new trial will be heard on Sept. 2 and his sentencing was set for Sept. 29, 2009.
