Psychiatric evaluation on habitual offender sought

The U.S. government yesterday asked the federal court to order a psychiatric or psychological examination on habitual offender Gilbert Kaipat, who is facing charges for alleged possession of a gun and ammunition that he stole from the house of Superior Court Associate Judge Kenneth L. Govendo.

Assistant U.S. attorney Russell H. Lorfing, counsel for the U.S. government, requested the U.S. District Court for the NMI to commit Kaipat to the custody of the Office of the Attorney General for placement in a facility in order to be evaluated by a psychiatrist or psychologist who will determine whether he is presently suffering from a mental disease or defect rendering him incompetent to stand trial.

Lorfing said there is evidence suggesting that Kaipat, also known as Cling Kaipat, may have mental issues.

A status conference in Kaipat’s case was set yesterday in federal court.

As officers of the court, Lorfing said, he has an obligation, where there is some evidence of possible mental issues, to call the matter to the court’s attention.

The examination, the prosecutor said, may ensure that the defendant is competent to understand the nature and consequences of the proceedings against him and/or to assist counsel in his defense.

Lorfing said he is raising this issue now so that the competency may be addressed at this time, to avoid any unnecessary delays in the proceedings.

Lorfing disclosed that, on Jan. 13, 2015, the Office of the Attorney General filed a petition asking the Superior Court to involuntarily commit Kaipat.

Lorfing said in the petition, the OAG alleged that the defendant complained of hearing voices from a “Dark Angel.”

OAG further alleged that Kaipat has a history of psychosis and has “strange and disruptive” behavior.

Lorfing said based on the CNMI government’s representations, Kaipat was committed to a mental health institution.

It was Govendo who concluded that the defendant is mentally ill and is a danger to himself and others.

On Nov. 10, 2015, police detective Catherine B. Pangelinan testified at a preliminary hearing in the Superior Court regarding Kaipat’s arrest in this case.

Lorfing said a discussion in court between a defense lawyer and detective Pangelinan suggests that Kaipat suffers from a mental illness.

Currently, Kaipat is incarcerated and under the care and custody of the CNMI.

Lorfing said he has spoken with the assistant attorney general assigned to prosecute defendant’s case in local court.

Lorfing said the OAG does not oppose transferring Kaipat into federal custody for the purpose of determining competency.

The indictment charged the 19-year-old Kaipat with possession of a stolen firearm and possession of ammunition.

According to the indictment, Kaipat unlawfully possessed a 9mm Smith and Wesson pistol, “which had been shipped and transported in interstate commerce” knowing that the firearm was stolen.

Kaipat also allegedly possessed a stolen hollow point 9mm round of ammunition.

At a preliminary hearing in November 2015, Superior Court Associate Judge Joseph N. Camacho found probable cause to charge Kaipat with burglary, theft, and criminal mischief over the burglary at Govendo’s house.

Govendo was off-island when the burglary happened.

After police identified Kaipat as the suspect through a surveillance camera, the defendant then reportedly guided investigators to a trash bin at a bakery where he hid the stolen gun. Detectives recovered the judge’s police-issued 9mm pistol.