Rape trial extends to 4th day

Yesterday concluded Day 3 in the jury trial of a former Superior Court employee accused of raping his coworker.

Formerly a law clerk under CNMI Superior Court Associate Judge Kenneth Govendo, William Abraczinkas stands accused of raping his coworker last April 2023 and is facing charges of sexual assault in the first degree, assault and battery, and disturbing the peace.

A seemingly calm Abraczinkas appeared before the court of judge pro tem Elyze M. Iriarte, accompanied by his defense attorneys Charlene Brown and Katie Comstock. Representing the CNMI government were Chief Prosecutor Chester Hinds and assistant attorney general Frances Demapan.

Resuming from Day 2’s session, Demapan continued to lead with the questioning of the alleged victim, clarifying certain unclear recorded text messages between the alleged victim and Abraczinkas.

Looking at the WhatsApp text messages, Abraczinkas asked her to swim with him, and the alleged victim joked in a seemingly suggestive way about her going swimming in her “panty and bra.”

When the prosecution questioned her about this, the alleged victim said she was being sarcastic, annoyed that Abraczinskas persisted to ask her after she continued to explain that she was too busy.

She said that initially she had trusted him like her other male colleagues. “He was nice he was kind…I felt I could trust him.” When asked about a portion of the messages when he greeted her, “Good morning sunshine,” she responded back with a “Good morning handsome” as well as certain messages where she sent kissy faced emojis.

She maintained that she had been annoyed at times with him, but was trying her best to treat him well, and conducted herself with him like she would all her male colleagues. She claims that she had absolutely no romantic or sexual attraction toward him, she said she considered him a friend once he landed, and there was no attraction as days passed.

After the incident, she said she had been so confused, blaming herself, and her mind had not been on medical attention, although contacting the cops did cross her mind.

She said she just didn’t know how to go forward. Her contacting Abraczinkas about his car’s headlights, and helping him had been another act to take responsibility, especially as she left them on. When she heard from Govendo of Abraczinkas’ sexual harassment accusations she became so angry.

“I didn’t know what I was feeling I wanted to drop dead.” Up until then she thought, “Just gonna take it to my grave. Just be brave. Just work. Satisfy judge Govendo, let the judge judge him. I will not take part in discrediting him.”

She said she kept hope that, “Maybe this is the day we are going to talk about it and maybe the day he’s going to say ‘sorry I was drunk.’” But even when she tried to start the conversation, Abraczinkas didn’t acknowledge the deed. He also insulted her in public which caused her to want to cut off the work relationship.

She shared that she continues to experience emotional trauma. “I don’t want to work here anymore. I don’t want to live here anymore.” She said she couldn’t even say hello to the replacement of Abraczinkas due to trauma.

Most of the session yesterday consisted of the victim’s testimony and cross examination by the defense team.

Later in the afternoon, the prosecution called two more witnesses to testify. Pearleen B. Matagolai and Antonio A. Reyes. During her testimony, Matagolai indicated that on one occasion, she had heard Abraczinkas tell the alleged victim she was pretty and try to get her to sit next to him, to which the alleged victim denied. She also said she heard the alleged victim had gotten flowers from Abraczinkas. She said that she had not witnessed the alleged victim act romantically toward Abraczinkas.

The defense submitted a motion of acquittal for all counts against Abraczinkas, but it was denied.

Although originally expected to end yesterday, due to time restraints and under the advice of the defense, the court will resume this morning at 10am and will consist of closing statements from both parties, and after that the case will be handed over to the jury for a verdict.