Full restraint on defendant, assures he will get credit for time served

The federal court will give Cling Philip Kaipat credit for time already served in custody after being slapped with a six-year prison term by the Superior Court last November for burglarizing the house of Associate Judge Kenneth L. Govendo.

At a status conference last Tuesday, U.S. District Court for the NMI Chief Judge Ramona V. Manglona said that Kaipat will receive federal credit from the time of his conviction in November 2015 up to when he is sentenced in the federal case.

Manglona gave the assurance after assistant U.S. attorney Garth Backe, counsel for the U.S. government, requested that the final version of the presentence report in Kaipat’s case be amended to include the words “credit for time served” in the local cases.

Dr. Jacob X. Chavez, a clinical psychologist from the U.S. Medical Center for Federal Prisoners in Missouri, appeared by telephone at the conference.

Manglona noted that the U.S. Marshal had submitted a request that full restraint be imposed on Kaipat. The restraint was supposed to be limited, but the U.S. Marshal asked for full restraint based on their observation of Kaipat that morning. Manglona granted the request for full restraint.

Colin Thompson, the court-appointed counsel for Kaipat, informed the court that he was unable to complete the review of the presentence investigation report with Kaipat.

Thompson stated that sentencing Kaipat would not go forward based on his experience over the last week.

Chavez gave an assessment based on his communication with Backe. He had some questions about Kaipat’s medications.

Thompson said if Kaipat does not have any emergency medical needs, then after restoring him to the prescriptions from Chavez, they could see in a couple of weeks if they are able to proceed with the sentencing or take some other course.

Manglona reset Kaipat’s sentencing to March 27 at 9am and remanded him into the custody of the U.S. Marshal. Manglona said Kaipat shall remain on full restraint.

Last November, Kaipat entered a guilty plea in federal court for possession of a gun that he stole during the burglary at Govendo’s house.

Kaipat, 21, pleaded guilty to possession of a stolen firearm.

In the Superior Court case, Kaipat pleaded guilty to burglary and theft as part of a plea deal. He also admitted to violating the terms and conditions of his probation in two previous criminal cases.

Last November, Associate Judge Teresa Kim-Tenorio sentenced Kaipat to a total of six years in prison. The judge gave him credit for time served.

Kaipat has been in custody since Nov. 5, 2015.

The six-year prison sentence, however, will run concurrently with the sentence in Kaipat’s conviction in his case in federal court. It means that he will serve the six years in prison within whatever jail term the federal court will impose on him.

On Nov. 5, 2015, Kaipat burglarized the house of Govendo in Dandan and stole a watch, Ka-Bar hunting knife, and $500 in U.S. currency.

Ferdie De La Torre | Reporter
Ferdie Ponce de la Torre is a veteran journalist who has covered all news beats in the CNMI. Born in Lilo-an, Cebu City in the Philippines, De la Torre graduated from the University of Santo Tomas with a bachelor’s degree in journalism. He is a recipient of many commendations and awards, including the CNMI Judiciary’s prestigious Justice Award for his over 10 years of reporting on the judiciary’s proceedings and decisions. Contact him at ferdie_delatorre@saipantribune.com

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