‘Truth needed to be heard’

After over eight hours of deliberation, the jury involved in former court clerk William Abraczinkas’ trial reached a guilty verdict on all counts last Friday at the NMI Superior Court in Susupe.

The jury ruled in favor of the alleged victim, unanimously deciding “guilty” on the charges of sexual assault in the first degree, “guilty” for assault and battery, and “guilty” on disturbing the peace. Shortly after the verdict, the alleged victim, who was present for the verdict, left the room in tears and seemingly relieved.

Assistant attorney general Frances Demapan, who took the lead for the trial representing the government, said the prosecution was successful in what it sought out to at the start of the 3 1/2-day trial.

“We’re so appreciative of the time and effort and diligence they (jury) took to really go through the evidence and consider all the testimony they heard. But it was a difficult case and we acknowledge that and we pressed forward because we believe that the truth needed to be heard. And regardless of the outcome whether it was guilty or not guilty the truth prevailed…the victim was able to say her story and she wasn’t silenced in any way so we are elated and thankful for all the guilty verdict son all counts and we will continue to prosecute sexual assault cases, regardless of how difficult they are, regardless if they’re reported late, or reported immediately,” she said.

Demapan added that all victims deserve justice in some way or another despite the lapse of time and the Office of Attorney General won’t stop in seeking justice for all of them.

“Its’ a delayed reporting of sexual assault case. The challenge is there is little to no witnesses other than the victim. Usually, the sexual assault nurse examination cannot be done because how much time has elapsed since the incident. It’s usually the victim’s testimony itself and how much credibility the jury gives to that.”

When asked if she would recommend a victim gets checked immediately after an assault, Demapan answered. “I advise them to report when they’re ready. Not right away. Not everyone is ready to report it right away, but report it when you’re ready and when you feel comfortable and strong enough because the criminal justice system is a difficult road to go on. This case is over a year old and the victim was in this limbo state for a year and she continued to meet with us, she was diligent.”

Demapan also said no matter how painful, the victim went through trial preparation and the prosecution team is so thankful for that.

“She testified for six hours total on the stand. That says a lot, no matter how painful and gut-wrenching and agonizing it was. She did it and not all victims can do that but we do encourage victims to come forward with their truth when they are ready.”

When asked about the type of sentencing they are hoping for, Demapan said. “We haven’t thought about that yet. We were so consumed with today’s trial and just focusing on that. And now that we’re getting to the sentencing part, we’re going to examine the pre-sentence investigation report to see what comes out there. But we will seek somewhere close to the maximum sentence for sexual assault in the first degree, which is the highest tier of the sex offenses in the CNMI.”

She said the sentencing should take into account that Abraczinkas is not a CNMI permanent resident.

“He came here on a one-year contract with the Judiciary but he’s no longer employed, so he’s unemployed, he doesn’t have a permanent residence, he has no family members or other close ties to the community, and he turned over an expired passport to us. And because he’s been convicted of a serious violent offense he should be remanded immediately until sentencing.”

Abraczinkas was spotted walking to the Department of Corrections early Saturday morning as ordered by the court.

The trial of the former law clerk accused of raping his coworker attracted the attention of community members, advocates, and several practicing attorneys and drew a small crowd for the closing statements last Thursday and the final verdict announcement last Friday.

When asked how he was feeling just before the verdict was announced Abraczinkas said, “Well, we’re going to see what happens.”

Judge Pro Tempore Elyze M. Iriarte, the presiding judge in the matter, scheduled the sentencing in January 2025, and until then she ordered Abraczinkas turn himself early the very next day, Sept. 14, where he would remain detained at DOC.

When asked his comments on the matter, Chief Prosecutor Chester Hinds, who assisted Demapan in the case, told the media “I think the significance of this case is ‘no means no’ and it’s been a long time since this community has backed that. No means no and consent matters.”

Both Abraczinkas and his defense team made up of Charlene Brown and Katie Comstock of the NMI Office of Public Defender refused to comment following the jury’s decision.