Trial for former law clerk begins

The jury trial for a former CNMI Superior Court law clerk accused of raping a coworker began yesterday at the Superior Court in Susupe.

William Abraczinkas, formerly employed as a law clerk with Superior Court Associate Judge Kenneth Govendo, appeared before Guam’s judge pro tem Elyze M. Iriarte yesterday along with his defense attorneys Charlene Brown and Katie Comstock. On the prosecution side, representing the CNMI government were Chief Prosecutor Chester Hinds and assistant attorney general Frances Demapan. Currently facing charges of sexual assault in the first degree, assault and battery, and disturbing the peace, Abraczinkas had denied the allegations and maintained that he is not guilty.

After a lengthy jury selection, eight members of the community were selected, two men and six women, and being that there was only time left for opening statements, both parties proceeded to address the jury.

In his opening statements Hinds divulged the gruesome details of rape mentioned in the allegations from the victim. Her devotion to her job of 20 years, and her church, and her mother. How she was a mother and grandmother, and how she had found and hired Abraczinkas as a law clerk for Govendo. The two had allegedly communicated for three months through email before Abraczinkas came to Saipan, with the alleged victim helping him prepare for the job on Saipan. “During this process a friendship developed. A work friendship.” Hinds said that Abraczinskas asked for help to secure an apartment, mailbox, and car.

Hinds pointed out that the victim had gone beyond her normal hiring duties, to inviting Abraczinkas for dinner with her family, sharing a mailbox with him, and helped him get around the island. She also personally helped him find a car, and apartment, all in an effort to make Abraczinkas feel at home.

“She knew the sooner the defendant got settled the sooner the court would function better. When she helped the defendant, it was because of that, because of her dedication to the court and her judge. Also, she helped the defendant as a friend. A work friend.”

Hinds described that on April 8, 2023, what should’ve been a simple mail drop off became more than that as the defendant allegedly coaxed the alleged victim to swim despite her hesitation and initial decline. According to the woman, an intoxicated Abraczinkas overpowered her and violated her after she had just taken a shower at his apartment.

Hinds shared the trauma that followed. “She couldn’t deal with the way the defendant acted and after a series of incidents at work, she made it clear to the defendant that she was drawing a line.”

Hinds stated that was what led to the allegations

“When this happened, the defendant thought that [the alleged victim] may say something about what happened. The defendant reacted by making a sexual harassment complaint against [her] the same weekend he raped her. You will see this complaint and you will see from the evidence that this complaint is full of lies.”

Following the prosecution, the defense admonished the jury to pay attention to each detail of the case, and make note of some seemingly questionable reactions of the alleged victim hours after her accusation, versus her actual accusation.

Comstock told the jury, “This was her first time being so involved in the hiring process.” Pointed out that upon his arrival she took him to the bank to set up an account and to the phone store to activate his phone, as well as finding a car. According to the defense, Abraczinkas knew the alleged victim was a widow.

“Will encouraged her to get out and have fun, she sent him videos of her out dancing, he joked with her saying ‘good for you.’” She stated that Abraczinskas didn’t know that the alleged victim would later tell officers that she thought they could have an “intimate relationship. “

Comstock told the jury that the alleged victim when making her case told officers that during the assault she feared for her life.

“She thought she was going to die she thought William was going to kill her! And yet you’ll see some more texts that come in the weeks following this event where she thought she was going to be killed by William Abraczinkas.”

Comstock told the jury that following her violent accusations and what she had told the cops about her trauma and emotional downs, the alleged victim suddenly remembers that she had left Abraczinkas’ car headlights on.

“So, within an hour of being supposedly violently raped she’s messaging him ‘I tried to wake you up, but I couldn’t wake you up, I hope you see this in time, your lights are on.’”

Comstock shared that the two communicated in a friendly manner over text, with the woman agreeing to come back to the alleged crime scene to jumpstart his car upon his request.

“Not only does she come and help him jump start his car, they see each other Sunday night and watch television together. Monday morning, she has text messages for him with a lot of directions on what he needs to do for work, he responds with ‘LOL you bossy,’ to which she replied ‘time to work, cougar.’”

Comstock told the jury that the friendly banter continued. A week after she claimed she was raped the alleged victim drove to Abraczinkas’ apartment to pick him up in her car and they both drove to Hyatt Regency Saipan to watch the sunset.

“You have the ability to take notes please take notes. Note the times and the dates of the events and the messages…” said Comstock, acknowledging the alleged victim’s love for her job.

“… a job that she was going to protect at any cost and when she felt that William was threatening her reputation at her place of work, that’s when she decided to file a rape charge.”

The defense hopes for a not guilty verdict on all counts, while prosecution is looking at a guilty verdict on all charges.

The trial continues today and is expected to continue through for three more day. Tomorrow’s session will include two witness testimonies from the prosecution.

The complaint filed on May 26, 2023 details an account by the alleged victim, who walked into the police station to report that Abraczinskas had sexually assaulted her on April 8, 2023 at Beach Garden Apartments.

The court employee also informed investigators that she discovered Abraczinskas had lodged a sexual harassment complaint against her with the Judiciary’s human resources office.

The report implied that it was after confiding in her supervisor and discussing the alleged assault with human resources that she found the strength to approach the Department of Public Safety and share her account of the events.