THE prosecutor in a rape case involving a 17-year-old defendant is opposed to a defense motion to make public the juvenile records of the accused.
Represented by attorney Brien Sers Nicolas, Kenneth Thomas Blas Kaipat has been charged, among other things, with sexually assaulting a 24-year-old woman.
In her opposition to the defense motion, Assistant Attorney General Samantha Vickery noted that while “there has been media coverage of this case since charges were filed in adult court in May 2021, there was no specific media coverage prior to that.”
She added, “The proceedings in juvenile court included substantial testimony regarding not just the offense, but the defendant himself. Most of this information would not be admissible in a criminal trial until the sentencing phase because it could be considered inflammatory and is not probative of the defendant’s guilt.”
She said that making “the defendant’s juvenile records public could lead to pervasive and inflammatory media coverage of a magnitude that could potentially compromise either party’s ability to find impartial jurors. Defendant’s vague claim is insufficient to outweigh the Commonwealth’s right to a fair trial.”
She said the defendant “claims that he needs the full records of the juvenile case to be public in order to aid his defense. However, there is no explanation as to how inadmissible and possibly inflammatory testimony or reports without any probative value could assist in his defense. Defendant does not take the time to show how making these records public could aid his defense, or even specifically what juvenile records could aid in his defense.”
Vickery said, “The court should also take note that Defendant has filed a Motion to Dismiss that alleges prejudice from the media reporting to date. Making all of the juvenile records public would likely result in further media coverage. Defendant is wasting this court’s time with another frivolous motion by simultaneously claiming prejudice by the information already public and requesting the court to release more information to the public.”
The Office of the Attorney General charged Kaipat with sexual assault and other offenses in adult court following the Superior Court’s order granting the criminal division’s request to transfer the case from juvenile court to adult court in May.
Kaipat was charged with 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.
The alleged incident occurred at a San Vicente home on June 2, 2019.
In June 2020, after the Department of Public Safety received a DNA laboratory test report from the FBI, Kaipat was arrested and taken into juvenile custody.
After five bail hearings, and based on special consideration given to juveniles, he was released on April 15, 2021.
On May 13, 2021, the juvenile court issued an order waiving its juvenile jurisdiction.
Nicolas, Kaipat’s defense attorney, has asked the court to suppress any evidence seized from Kaipat, including DNA evidence that may be used against him at his trial.
Nicolas also asked the court to dismiss the case for, he said, the violation of his client’s right to a speedy trial.
When Presiding Judge Roberto Naraja’s transferred the case to adult court, it was assigned to Associate Judge Joseph N. Camacho.
In June, Judge Camacho recused himself from the case, which was then reassigned to Associate Judge Wesley Bogdan.
Judge Bogdan has scheduled a hearing for Aug. 4, 2021 at 10 a.m.
