SUPERIOR Court Judge Pro Tem Elyze Iriarte has granted William Abraczinskas’ request to be released from the custody of the Department of Corrections after he posted a $100,000 appearance bond. He was placed under house arrest.
The judge recently granted Abraczinskas’ motion for a new trial based on newly discovered evidence.
In her order on Wednesday, Judge Iriarte instructed the defendant to reside at the address listed in the lease submitted as Exhibit A to the defense’s motion, and not to change residence without prior approval from the CNMI Probation Office.
“Defendant is placed on house arrest but is permitted to leave his residence between 10 a.m. and 4 p.m. each day. Defendant is ordered to appear at all court proceedings and may not possess any illegal substances or firearms. Defendant may not contact the alleged victim or any witness or potential witness. Further conditions may be imposed by the Court at the June 26, 2025, hearing,” the judge stated.
She added, “From June 25 through June 28, 2025, Defendant is permitted to leave the residence between 9 a.m. and 9 p.m., and must be accompanied by his mother at all times while outside his residence.”
Abraczinskas, 36, was found guilty by a jury on Sept. 13, 2024, of sexual assault in the first degree, assault and battery, and disturbing the peace.
He was scheduled to be sentenced on April 28, 2025, but on the same day, his attorney, David Miller, filed a motion for a new trial based on newly discovered evidence.
Miller said the new evidence will show that the victim lied when she testified that she was raped.
He stated that the evidence involves “personal knowledge of relevant conversations sometime after April 8, 2023, and before the case was in the news, between the victim and a judicial clerk who assisted the trial judge during and after the trial.”
According to Miller, on April 24, 2025, the defense received a tip that judicial clerk Eva Calvo possessed exculpatory evidence based on conversations she had with the victim.
(Exculpatory evidence is favorable to a defendant in a criminal trial, as it may help prove innocence or reduce culpability.)
Calvo, represented by attorney Charity Hodson, testified at Monday’s evidentiary hearing.
Chief Prosecutor Chester Hinds and Assistant Attorney General Frances T. Demapan are prosecuting the case.
Among others, the prosecution called Judge Kenneth L. Govendo, CNMI Judiciary Human Resources Officer Michelle Guerrero, DPS Detective Shannon Dela Cruz, and DPS Officer Hector Efraim to testify about their interactions with the victim following the alleged assault.
Demapan had earlier opposed the defense’s motion for a new trial and urged the court to deny it. She argued that the defense offered no credible explanation as to why the alleged “new” evidence could not have been discovered prior to trial through reasonable diligence.
On June 23, the court held an evidentiary hearing to determine whether the new evidence warranted a new trial. The defense called Calvo as its sole witness.
Calvo testified that she did not have a close relationship with the alleged victim.
She stated that, prior to the case being filed, she encountered the victim in a smoking area behind the courthouse. The alleged victim discussed her weekend in an excited manner, which Calvo said was consistent with her usual demeanor.
Calvo testified that the victim smirked and shrugged while recounting that she had gone to Abraczinskas’ apartment after dropping off mail and had spent time at his apartment complex pool and the nearby beach. In a teasing tone, Calvo said she responded, “You whore,” to which the victim laughed. When asked to demonstrate the smirk and gesture, Calvo tilted her head to the side and slightly smiled in what the court understood to be a playful manner.
Calvo further testified that, on a later occasion — but still before criminal charges were filed — the victim approached her at her workstation and showed her a photo of male genitalia on her phone. Calvo said she saw the image for approximately five seconds, did not ask any follow-up questions, and that the victim laughed and walked away.
Calvo also testified that she informed her supervisor at the Clerk of Court’s office that she was uncomfortable being assigned to the trial due to her prior conversations with the victim. However, she said she did not report the concern to anyone above her supervisor.
Finally, Calvo stated that she was never interviewed by either the prosecution or the defense about her conversations with the alleged victim.
