OAG: Kaipat has been impermissibly released

The Office of the Attorney General has filed a motion for reconsideration as to the release of convicted rapist Kenneth Thomas Blas Kaipat who was recently found guilty of nine separate felony charges which includes five counts of sexual assault. 

Yesterday, OAG chief solicitor Robert Glass Jr. filed a motion for reconsideration asking the Superior Court to revoke its decision to release Kaipat and to instead remand him to Department of Correction custody immediately. 

Kaipat, 19, was convicted of nine felony charges last Friday for the rape and assault of his 28-year-old cousin. Following the jury trial, Superior Court Associate Judge Wesley Bogdan released Kaipat to his parents on the condition that he remain on house arrest pending sentencing. 

However, Glass says that the court failed to follow the Commonwealth Code when it allowed Kaipat to remain out on bail even though he had been convicted. 

“The court failed to follow 6 CMC § 6402 (b) which states: ‘after conviction bail may be allowed only if a stay of execution of the sentence has been granted and only in the exercise of discretion by a court authorized to order a stay or by a judge thereof.’ Bail after conviction is not a right. The Commonwealth legislature has restricted such discretion of the trial court to only those instances where a stay of the execution of the sentence has been granted,” he said. 

Glass further argued that based on the CNMI’s rules of criminal procedure, another instance that a defendant can be released after a conviction is if a stay of execution of a sentence is granted. However, in this case, Kaipat has not been sentenced yet. 

Because of this, Glass argues that Kaipat was impermissibly released and should be remanded to DOC immediately. 

“Rule 38 of the Rules of Criminal Procedure also requires a sentence of imprisonment, a fine, or probation before a stay of execution may be granted. Here, no sentencing has occurred and thus, the sentence itself cannot be stayed. The court ordered house arrest, which defendant will no doubt argue counts towards future jail time credit. Because the Court did not order a stay of execution of the sentence, and could not make such an order without first sentencing the defendant, defendant has been impermissibly released. He should be immediately remanded into custody,” he said. 

According to Saipan Tribune archives, after just three hours of deliberation, Kaipat was found guilty on nine separate charges for his involvement in the brutal rape and beating of his now 28-year-old cousin in a family residence in San Vicente back on June 2, 2019.

Kaipat was found guilty of three counts of sexual assault in the first degree, two counts of sexual assault in the second degree, burglary, aggravated assault, assault with a dangerous weapon, and strangulation.

Kaipat’s sentencing has yet to be scheduled.