THE CNMI Supreme Court on Monday denied Kenneth Thomas Blas Kaipat’s request to be released while his appeal is pending.
Last year, a jury found Kaipat, 19, 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.
Kaipat 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 on 15 years of supervised release and must pay $41,000 in restitution. He will also register as a tier 1 sex offender.
Then-Superior Court Associate Judge Wesley Bogdan presided over Kaipat’s jury trial.
Following his conviction, Kaipat, through the Public Defender’s Office, submitted an emergency motion requesting his release pending appeal.
In their ruling, Chief Justice Alexandro Castro, Justice John A. Manglona and Justice Perry Inos found that “there is no emergency,” and “the motion contains no such certification and alleges no imminent irreparable harm.”
“The factors we must consider weigh heavily against granting release pending appeal,” the justices said.
“Kaipat has not established by clear and convincing evidence that he does not pose a danger to any other person or to the community. Because he cannot meet the first part of the first element of Supreme Court Rule 9, Kaipat does not meet his burden for release pending appeal and we do need to assess the remaining factors,” the justices said.
“The request for release pending appeal is denied,” the justices added.
The case against Kaipat stemmed from an incident that occurred in a San Vicente home more than four years ago.
On June 2, 2019, the Department of Public Safety responded to a home invasion incident 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.
