Lizama orders arrest of Pelisamen

Superior Court Associate Judge Juan T. Lizama yesterday ordered the immediate arrest of ousted Rita Kaipat estate administrator Luis K. Pelisamen for contempt of court when he failed to show up in court.

Lizama said Pelisamen’s letter to the court requesting him to be excused for the scheduled hearing because of a medical problem is not sufficient reason for not complying with the court’s order.

“I hold him in contempt. This bench warrant should be expeditiously executed,” the judge stressed.

Lizama said there are many reasons why Pelisamen needs to appear at the hearing.

“It’s not that the court will force Pelisamen to come and [tell] his story. We asked him to get a lawyer,” the judge said.

Lizama said that, with respect to attorney Joseph Arriola, former counsel of Pelisamen, the court is taking the position that the lawyer’s acts or conducts in the case are not sufficient to hold him in contempt.

Arriola showed up at the hearing and participated in the chamber’s conference with the judge, along with the lawyers representing many heirs of the Kaipat estate.

Lizama, however, stated that, as of yesterday, Arriola is completely removed from the probate.

The judge said that, although Arriola is removed, he is still deemed subject to contempt of court once the court, upon further review of evidence and records, finds it appropriate to do so.

Most of the lawyers representing the heirs recommended the issuance of a bench warrant for the arrest of Pelisamen. Some also recommended that Pelisamen and even Arriola be subjected to criminal investigation for fraud and deception.

On May 16, Lizama had scolded Pelisamen when the former estate administrator, whom he had called to the witness stand, refused to answer questions and informed the court that he needs one month to look for a lawyer. In that hearing, Arriola failed to show up for medical reasons.

Lizama continued the hearing to yesterday in order for Pelisamen to have a lawyer.

Yesterday, present at the hearing were heirs’ counsel Viola Alepuyo, Edward Arriola, Joaquin Torres, Perry B. Inos, Antonio Atalig, Bruce Mailman, and Jane Mack.

The Rita Kaipat estate was awarded by the defunct Marianas Public Lands Authority $4.7 million in land compensation settlement. The amount was split equally among three estates, Rita, Isaac, and Benigno Kaipat.

On Nov. 25, 2005, Arriola and Pelisamen opened a checking account in the amount of $1,377,058.39 at the Bank of Hawaii under the account name: Estate of Rita Kaipat. Some of the amount were distributed to the heirs while some are missing.