Kaipat denied release

The CNMI Supreme Court has denied Kenneth Thomas Blas Kaipat’s request for release pending appeal in a case where he had been found guilty of rape.

In their ruling, Chief Justice Alexandro Castro, Justice John A. Manglona, and Justice Perry Inos found that there is no emergency and that Kaipat’s motion alleges no imminent irreparable harm if he is not released while his appeal is pending.

“The factors we must consider weigh heavily against granting release pending appeal. Kaipat has not established by clear and convincing evidence that he does not pose a danger to any other person or to the community. Because he cannot meet the first part of the first element of Supreme Court Rule 9, Kaipat does not meet his burden for release pending appeal and we do need to assess the remaining factors. The request for release pending appeal is denied,” the justices said.

Last year, a jury found Kaipat guilty of 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.

Kaipat was sentenced to 30 years’ imprisonment for three counts of sexual assault in the first degree, but 15 years suspended. Kaipat can apply for parole after serving eight years of his sentence. He was also given credit of 315 days for time served.

After serving his sentence, Kaipat will be placed on 15 years of supervised release and must pay $41,000 in restitution. He will also register as a tier 1 sex offender.

Kaipat, through the Public Defender’s Office, submitted an emergency motion requesting his release pending appeal soon after he was found guilty.

Castro