SUPERIOR Court Associate Judge Joseph N. Camacho reluctantly granted the request of William Abraczinkas to modify his bail and released him on a $100,000 unsecured bond.
Judge Camacho was concerned that he might be setting a precedent in which a rape defendant is released from detention without a third-party custodian.
But after hearing arguments from the defense and the prosecution, he granted the request of Abraczinkas to modify his bail.
The judge also placed Abraczinkas under house arrest, but allowed him 30 minutes prior, and 30 minutes after, to meet with his defense attorney.
Noting that Abraczinkas was suspended without pay from his employment with the judiciary, Judge Camacho appointed the Public Defender’s Office to represent the defendant.
The judge “released” the limited appearance of attorney Richard Miller in representing the defendant.
Abraczinkas, 34, was the law clerk of Judge Kenneth Govendo prior to being arrested and accused of raping another judicial employee.
He was charged with sexual assault in the first degree, assault and battery, and disturbing the peace.
At a hearing on Wednesday, Abraczinkas was represented by attorney Miller while Chief Prosecutor Chester Hinds appeared for the government.
Hinds did not oppose the motion to modify bail but requested the judge to maintain the stay-away order against the complaining witness, and to order the defendant not to consume alcohol.
The Superior Court previously set the defendant’s cash bail at $100,000.
Miller requested the court to modify it to $6,000 and allow Abraczinkas to post 10% or $600.
Miller said the defendant arrived on Saipan in March. With his suspension without pay, the defendant now has no income.
Miller also said that Abraczinkas had no criminal history, and although he is charged with a serious felony, “the weight of the evidence is extraordinarily weak.”
“From the complaint and affidavit,” Miller added, “it appears the entire basis for the Government’s case is the complaining witness’s version of events, uncorroborated by any other witnesses or any evidence.”
Abraczinkas was ordered to return to court for a preliminary hearing on June 26 at 10 a.m., and for an arraignment on July 3 at 9 a.m.
According to the complaint against Abraczinkas, on May 26, 2023, police received a walk-in complaint from a judicial employee who alleged that her coworker, the defendant, sexually assaulted her on April 8 at Beach Garden Apartment.
She also told investigators that Abraczinkas had filed a sexual harassment complaint against her with the judiciary’s human resources office.
She said, after meeting with HR and opening up with her supervisor about the alleged sexual assault incident, she found the courage to file a complaint with the Department of Public Safety.
