SUPERIOR Court Associate Judge Wesley Bogdan has denied the request of attorney Brien Sers Nicolas to withdraw from representing Kenneth Thomas Blas Kaipat.
The judge also denied the request to appoint another attorney to represent Kaipat in his appeal.
“First, as recently explained by the NMI Supreme Court — in the context of a criminal case — legal counsel wishing to withdraw from representation must, at a minimum, file a proper motion to withdraw under N. Mar. I. Sup. Ct. R. 4-1(a) including either a showing that counsel has been replaced by substitute counsel or an affidavit from the defendant stating that he or she has been advised of his or her right to counsel on appeal and consents to counsel’s withdrawal in light of this understanding,” Judge Bogdan stated in a ruling dated Oct. 5, 2023.
Nicolas said the motion “is supported by the files and the records of this case as well as being in line with this Court, having mentioned to the Defendant at his sentencing that [the Court] can appoint him a counsel to assist him in his appeal of this case.”
According to the judge, however, Nicolas’s explanation is “somewhat vague and an insufficient basis for the court to grant the motion.”
The judge finds that the motion fails to comply with Rule 4-1 of the NMI Supreme Court Rules and fails to provide adequate information or any assurances that counsel has complied with the safeguards of Rule 1.16 of the Model Rules of Professional Conduct.
Kaipat, 19, was sentenced 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.
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.
The victim and the prosecution expressed disappointment with the sentence, saying it was too lenient.
Assistant Attorney General Steve Kessell was the lead prosecutor with Assistant AG Heather Barcinas as co-counsel.
The case against Kaipat stemmed from an incident that occurred in a San Vicente home four years ago.
On June 2, 2019, the Department of Public Safety said it responded to a home invasion incident and a disturbance in San Vicente where a 24-year-old woman was raped and seriously hurt. Kaipat, for his part, claimed he was assaulted in a separate incident.
In June 2020, Kaipat was arrested and taken into juvenile custody after DPS received a DNA laboratory test report from the FBI.
