Abraczinskas seeks release to a third-party custodian

William Abraczinskas, convicted of rape and other charges by a jury last September, is now seeking release from prison while he pursues an appeal.

In the recent motion Abraczinskas filed himself, he requested that while waiting for the conviction to be overturned or the “Attorney General’s Office stop abetting his abuser, a politically connected sexual predator….” he’s asking that the Superior Court modify his bail, allowing him to be placed under the custody of a third party. He maintains his innocence throughout the proceedings, and claims the allegations against him are unfounded and the case against him lacks substantial evidence, noting that the evidence that was presented was “weak.”

Abraczinskas, 36, was convicted by a jury on Sept. 13, 2024, on charges of sexual assault in the first degree, assault and battery, and disturbing the peace. The jury consisted of five women and one man.

In his motion, Abraczinskas outlined several reasons for his request, including his alleged plans to join the United States Navy JAG Corps that is now jeopardized by his imprisonment. He also mentioned his enrollment in a prestigious A.I. Governance course with BlueDot, an opportunity that allows limited absences, further emphasizing his need for release.

Abraczinskas argued that his release could be granted under “minimally onerous restrictions” as his case moves through the appeals process, citing what he called the “frailty” of the evidence against him.

After his request, judge pro tem Elyze Iriarte, who is presiding over the case, also recently approved the withdrawal of the Public Defender’s Office from representing Abraczinskas. The defendant has since retained private attorney Richard Miller for his post-trial and appellate proceedings.

The Public Defender’s Office noted that Abraczinskas intends to file a habeas petition or post-conviction appeal with the Supreme Court, in which he will likely raise claims of ineffective assistance against the PDO.

During the trial, assistant public defenders Charlene Brown and Karie Comstock represented Abraczinskas. Brown, in a motion for acquittal, argued that the government failed to prove the crimes were committed by Abraczinskas and did not establish the elements of the charges.

However, prosecutors, including assistant attorney general Frances T. Demapan and Chief Prosecutor Chester Hinds, maintain that the evidence presented was sufficient to support the conviction. Demapan argued that a motion for acquittal should only be granted if no reasonable jury could have found the defendant guilty beyond a reasonable doubt.

Abraczinskas had previously worked as a law clerk for Superior Court Associate Judge Kenneth L. Govendo, for a short time when a then co-worker, alleged that Abraczinskas assaulted her in April 2023. During the trial, the prosecution called seven witnesses, including law enforcement officers and judiciary staff, as well as the victim. The defense did not call any witnesses.

On Oct. 18, 2024, a motion hearing was held via Zoom, with Abraczinskas participating from prison. Before the hearing, the defendant requested permission to appear in court wearing civilian clothes, arguing that photographs of him in prison attire would damage his future career prospects, even if he successfully appeals the conviction. Iriarte denied the request as moot due to the virtual nature of the hearing.

The court has scheduled a status hearing for Nov. 15, 2024, which will also be conducted remotely.

The charges against Abraczinskas stem from an alleged sexual assault reported in May 2023 by a judicial employee. The victim told police that the assault occurred on April 8, 2023, at Beach Garden Apartments. She came forward after learning that Abraczinskas had filed a sexual harassment complaint against her with the Judiciary’s human resources office. Following discussions with HR and her supervisor, the victim reported the assault to law enforcement.