“AFTER a thorough and independent review of materials” provided to him in connection with an ongoing sexual assault case in Superior Court, Attorney General Edward Manibusan has declined filing criminal contempt charges against Chief Prosecutor John Bradley and Assistant Attorney General Samantha Vickery.
In response to a letter from Superior Court Associate Judge Joseph N. Camacho regarding “allegations of criminal violations pursuant to 6 CMC § 3307 and other ethical violations in CNMI v. Kenneth Kaipat, CR 21-0072,” the AG said a criminal offense under 6 CMC § 3307 is committed when all the elements of the case are present, including but not limited to conduct to “knowingly,” and “willfully” commit the offense.
“My review of the documents shows that these elements are not satisfied beyond a reasonable doubt with respect to AAG Vickery, and that there is no legal basis for a criminal contempt charge against Bradley,” Manibusan added.
It was Kaipat’s attorney, Brien Sers Nicholas, who filed a motion stating that Bradley and Vickery were in contempt of court.
Nicholas said the prosecution is “accusing the court of this Commonwealth of being unfair and corrupt.”
Judge Camacho said he was obligated to bring the matter to the AG’s attention.
But Chief Solicitor J. Robert Glass Jr. of the AG’s office said allowing a defendant to file a motion for criminal contempt as a means to strike back at the AG’s office, and setting a hearing on that motion, violates the separation of powers doctrine.
Under the CNMI Constitution only the AG, as the chief legal officer, is empowered with “prosecuting violations of Commonwealth law,” Glass said. “Neither the court nor the defendant has the power to prosecute a case via a motion and hearing under 6 CMC § 3307. “
On May 25, Judge Camacho found probable cause to charge Kaipat and scheduled the jury trial for Sept. 20.
Kaipat, 17, was charged with three counts of sexual assault in the first degree, two counts of sexual assault in the second degree, aggravated assault and battery, assault with a dangerous weapon, strangulation, and burglary.
The alleged incident occurred in a San Vicente home in 2019 when the defendant was 16 years old.
Edward Manibusan
