JUDGE Pro Tem Elyze M. Iriarte has scheduled the jury trial of William Abraczinskas for Sept. 9, 2024, at 9:30 a.m.
The judge also ordered a pre-trial conference for Aug. 30, at 1:30 p.m.
During the conference, “counsel must raise anticipated contentious legal issues, as well as any issue or request related to jury selection, use of technology, demonstrative evidence, interpreters, special accommodations or scheduling,” the judge said. “The parties shall advise the court of any witnesses expected to testify remotely. Absent good cause, all such issues not raised by the parties during the pre-trial conference will be deemed untimely if raised later,” the judge added.
Background
Abraczinskas, a former law clerk of Judge Kennth L. Govendo, has been accused by another court employee of rape.
Abraczinskas was charged with sexual assault in the first degree, assault and battery, and disturbing the peace. He has denied the allegations and pled not guilty.
According to the complaint against Abraczinskas, on May 26, 2023, police received a walk-in complaint from a judicial employee, who alleged that her co-worker, Abraczinskas, sexually assaulted 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 with her supervisor about the alleged sexual assault, she said she found the courage to come to the Department of Public Safety and tell her side of the incident.
According to Variety news files, Abraczinskas was detained and then released on a $100,000 unsecured bond, but placed under house arrest.
Recusals
The CNMI Supreme Court has ordered Judge Joseph N. Camacho to recuse himself from presiding over Abraczinskas’ case.
Abraczinskas, through Chief Public Defender Douglas Hartig, has argued that all Superior Court judges should recuse themselves because the case involves two court employees.
The high court held that even though a motion to disqualify all five judges is “overbroad, Judge Camacho, at least, must recuse himself due to the appearance of impropriety that comes from a judge of the Superior Court presiding over a case with these unique facts. The Commonwealth Code requires that a judge recuse when a reasonable person finds that the judge’s continued presence over the case would create the appearance of impropriety.”
The high court ordered that the case be reassigned to a new judge, but all the other CNMI judges recused themselves.
Chief Justice Alexandro Castro then appointed Guam Judge Elyze M. Iriarte as judge pro tempore in the trial of Abraczinskas.
