With his family members and lawyer, Kenneth Thomas Blas Kaipat leaves the courtroom in the custody of CNMI Marshals after he was sentenced on Friday.
Assistant Attorneys General Steve Kessell and Heather Barcinas with Chief Prosecutor Chester Hinds.
SUPERIOR Court Associate Judge Wesley Bogdan on Friday sentenced Kenneth Thomas Blas Kaipat, 19, to 30 years imprisonment for three counts of sexual assault in the first degree, but 15 years suspended. Kaipat can apply for parole after serving eight years of his sentence. He was also given credit of 315 days for time already served.
The victim and the prosecution expressed disappointment with the sentence.
Judge Bogdan did not impose an additional sentence for two counts of sexual assault in the second degree.
For the burglary charge, Kaipat was sentenced to 10 years imprisonment, five years suspended, and five years to serve.
He was sentenced to 10 years imprisonment for aggravated assault & battery, five years suspended, and five years to serve.
For assault with a dangerous weapon, Kaipat was sentenced to 10 years imprisonment, with five years suspended, and five years to serve.
As for the strangulation charge, he was sentenced to seven years imprisonment.
All sentences, however, will run concurrently, which means that Kaipat will serve 15 years in prison, with credit of 315 days for time already served. He can apply for parole after serving eight years of his sentence.
After serving his sentence Kaipat will be placed under 15 years of supervised release and must pay $41,000 in restitution. He will also register as a tier 1 sex offender.
Disappointed
After the sentencing, the victim issued the following statement on Friday: “The sentencing that was handed over today was very disappointing. I understand all the factors that had to be considered in this decision; however, to think that in just a few years we could be facing his release is frustrating. My family and I have waited years through this nightmare. The sentence was too lenient for the severity of the crime and there has been absolutely no remorse from the defendant. We can’t help but question what kind of message this gives the community and what kind of precedence this sets for other cases.”
The victim also spoke at the hearing and recounted how the defendant came close to killing her. She said she prayed for her life while she was in the hospital.
Assistant Attorney General Steve Kessel, who was the lead prosecutor, also expressed disappointment over the sentence.
“Defense counsel indicated that they might be filing an appeal — that’s something we will deal with if and when that happens…it wouldn’t be a surprise,” he added.
“Ironically, today, there was a proclamation. October is Domestic Violence Month. This sentence is a disappointment…in the sense that… the court took everything and just lumped it all together. [The judge] gave no, apparently, considerations for the fact that there was sexual assault; the fact that there were serious physical injuries here. We were very fortunate that this is not a homicide case.”
The legal counsel of the Legislature and former Chief Prosecutor John Bradley said, “This case began four long years ago. I wanted to make sure I was here today for the sentencing. A great team of people came together to achieve justice in this case. I hope the community understands that this was a terrible crime that needed to be punished. The survivor in this case, will always remember this… and let’s make sure that this will not happen again.”
In a statement on Saturday, Chief Prosecutor Chester Hinds said: “The criminal division finds the sentence handed down in the Kaipat case disappointing and not reflective of the seriousness of the crime and not representative of justice the victim deserves.”
He added, “This case has been ongoing for approximately four years…. [O]ur office had to successfully appeal a decision by this judge to suppress DNA evidence, which would have hurt the prosecution of this case. During this time, the victim, actually she is a survivor, has had to wait for her day in court. When that day came, she recounted what happened and how close the defendant came to killing her. The jury found the defendant guilty of sex assault in the first degree, second degree, aggravated assault and assault with a dangerous weapon and strangulation. During the sentencing, she stated that she prayed for her life while in the hospital.”
Hinds said “a sentence that contemplates the defendant’s possible release after eight years does not take into account what happened to this survivor. It does not take into account the egregious nature of these crimes. The Judge stated during the sentencing that what happened was the most egregious of his time as a Judge. The criminal division finds this sentence handed down, given all the circumstances, disappointing and not just.”
“Regardless, the criminal division will continue to help victims turn into survivors and fight the good fight,” Hinds added.
After the sentence was handed down, Kaipat, represented by attorney Brien Sers Nicholas, asked the judge to allow his client to remain released pending an appeal that they will file.
Judge Bogdan denied this request and ordered CNMI Marshals to take Kaipat into custody and remanded to the Department of Corrections to immediately serve his sentence.
Earlier, the defense attorney’s motion for a new trial was also denied by the judge.
On Aug. 11, 2023, a jury found Kaipat guilty of 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.
