AS he seeks to overturn his rape conviction, William Abraczinskas is also requesting that the Superior Court release him to a third-party custodian.
In his motion for bail modification, Abraczinskas said he has never wavered in his resolve to fight the “ludicrous” allegations against him due to the “weak evidence.”
He said the court should grant his bail modification request until his conviction is overturned or the “Attorney General’s Office stop abetting his abuser, a politically connected sexual predator….”
On Sept. 13, 2024, Abraczinskas, 36, was found guilty by a jury of five women and one man of sexual assault in the first degree, assault and battery, and disturbing the peace.
In a nine-page motion for bail modification he filed for himself, Abraczinskas said he can provide a third-party custodian.
He said he has “maintained a strict diet to qualify for body composition requirements to enter the United States Navy JAG Corps after this fiasco, which he cannot maintain in prison.”
He said he has also been admitted to a “prestigious A.I. Governance course” by BlueDot, which allows a limited number of absences before he is dropped from the course. He hopes to resume the course upon his release.
Citing the “frailty” of the evidence against him, Abraczinskas said he should be released “on minimally onerous restrictions as this case takes [a] long path towards eventual justice.”
New defense attorney
Judge Pro Tem Elyze Iriarte, who is presiding over the case, has allowed the Public Defender’s Office to withdraw from representing Abraczinskas and appointed attorney Richard Miller to represent him in the remaining “post-trial proceeding and appeal.”
The PDO said the “defendant wishes to file an appeal/post-conviction/habeas petition to the Supreme Court,” and “will make ineffective assistance claims as well as other claims against the PDO.”
Judge Iriarte has placed under advisement the defendant’s motion for acquittal.
During the trial, Abraczinskas was represented by Assistant Public Defenders Charlene Brown and Karie Comstock.
Brown, in their motion for acquittal, said, “The evidence presented by the government failed to establish that the alleged offenses were committed by the defendant and therefore failed to prove the elements of the crime alleged in the information.”
Assistant Attorney General Frances T. Demapan and Chief Prosecutor Chester Hinds, who prosecuted the case, requested the court to deny the defendant’s motion to set aside the jury’s verdict.
Demapan said: “Viewing the evidence in the light most favorable to the government, the Commonwealth has met its burden to establish that any reasonable trier of fact could find the essential elements of Sexual Assault in the First Degree, Assault and Battery, and Disturbing the Peace beyond a reasonable doubt.”
Demapan said the motion for judgment of acquittal must be granted only if “there is no evidence upon which a reasonable mind might fairly conclude guilt beyond a reasonable doubt.”
Abraczinskas is a former law clerk of Superior Court Associate Judge Kenneth L. Govendo while his accuser is Abraczinskas’ former co-worker.
During the trial, the prosecution called seven witnesses. They were Department of Public Safety Detective Shannon Dela Cruz, Police Officer Hector Efraim, the judiciary’s human resources officer, Michelle Guerrero, Judge Govendo, judiciary deputy clerk Pearleen Matagolai, Beach Garden manager Antonio Reyes, and the victim herself.
The defense did not call any witnesses.
Motion hearing
At a hearing on Friday, Oct. 18, the parties appeared via Zoom, including the defendant, who was in prison while Hinds was present in the courtroom.
Before the hearing, Abraczinskas, through the PDO, requested the court that he be allowed to appear in court in civilian clothes.
He said if his motion for acquittal is not successful, he intends to appeal his case to the CNMI Supreme Court, adding that he maintains his innocence.
“Requiring him to appear in court in jail attire will do irreparable damage to his professional earnings potential. Even if he is successful on appeal, the numerous articles and news reports already in existence will impact him for a lifetime; adding pictures of him in a jail jumpsuit will compound the damage beyond the mere articles,” he said.
Abraczinskas said he is also a member of several professional organizations and intends to continue his career in law.
Judge Iriarte denied Abraczinskas’ request as moot because the court ordered the Oct. 18 hearing to be held remotely.
The court scheduled a status hearing for Nov. 15 at 9:30 a.m., which will also be held remotely.
Background
On May 26, 2023, police received a walk-in complaint from a judicial employee, who accused her co-worker, Abraczinskas, of sexually assaulting 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 to her supervisor about the sexual assault, she said she found the courage to come to the Department of Public Safety and tell her side of the incident.
Abraczinskas has denied the charges.
