WILLIAM Abraczinskas, 36, who was convicted of rape and other charges by a jury, will file ineffective assistance and other claims against the Public Defender’s Office, Assistant Public Defender Charlene Brown said.
This is the reason Brown is requesting the Superior Court to allow the PDO to withdraw from representing Abraczinskas and appoint another attorney to represent him.
“The motion is made on the basis that defendant wishes to file an appeal/post-conviction/habeas petition to the Supreme Court. The defendant will make ineffective assistance claims as well as other claims against the PDO,” she added.
“Motions have been filed and deadlines are drawing near, the Office of the Public Defender and Mr. Abraczinskas request the appointment of conflict counsel,” Brown said.
On Sept. 13, 2024, a jury of five women and one man found Abraczinskas guilty of sexual assault in the first degree, assault and battery, and disturbing the peace.
He self-surrendered to the Department of Corrections the next day at 9 a.m.
On his behalf, the PDO recently filed a motion for judgment of acquittal, requesting the Superior Court to set aside the jury’s verdict.
According to PDO, “There is a reasonable interpretation of all the evidence presented that points to the defendant’s innocence. The jury erred by finding him guilty on Counts I, II, and III of the information. The evidence is insufficient to support convictions as to those counts or any other counts in the information, because the government failed to prove the elements of these crimes beyond a reasonable doubt.”
Judge Pro Tempore Elyze M. Iriarte ordered the government to file an opposition by Oct. 7 while the defendant’s reply will be due on Oct. 21.
Judge Iriarte said she will consider hearing the defense motion upon request.
Assistant Public Defender Karie Comstock also represented the defendant during the trial while Chief Prosecutor Chester Hinds and Assistant Attorney General Frances Demapan prosecuted the case.
Abraczinskas is a former law clerk of Superior Court Associate Judge Kenneth L. Govendo while his accuser is Abraczinskas’ former co-worker.
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.
