Psychiatric on habitual offender who allegedly stole judge’s gun OK’d

U.S. District Court for the NMI Chief Judge Ramona V. Manglona has granted the U.S. government’s motion to conduct a psychiatric or psychological evaluation on Cling Philip Kaipat, a habitual offender who is facing charges for possession of a gun and ammunition that he stole from the house of Superior Court Associate Judge Kenneth L. Govendo.

In a written order issued on Wednesday, Manglona said in aid of determining whether Kaipat is competent to stand at trial, she ordered that a psychiatric or psychological evaluation be conducted and that such report be filed with the court.

A hearing to determine Kaipat’s competency will be scheduled after the report is received.

A status conference will be held on May 11, 2016 at 1:30pm.

At a hearing on Tuesday, Kaipat’s court-appointed counsel, Colin Thompson, did not oppose the U.S. government’s motion for evaluation to determine whether the defendant is competent to stand at trial.

Thompson said the court had sufficient information based on public record of Kaipat’s involuntary commitment and the limited medical records to grant the motion.

Manglona inquired with the parties regarding the defendant being held under local custody.

Assistant U.S. attorney Russell H. Lorfing informed the court that he spoke with Thompson regarding this issue, and that he was also informed by the chief prosecutor of the Office of the Attorney General that their office was willing to allow Kaipat to enter into federal custody while he is being treated or the evaluation is being conducted.

Manglona advised Thompson to coordinate with his counterpart in the Superior Court proceeding and have this resolved.

Kaipat was remanded into the custody of the U.S. Marshal.

In the U.S. government’s motion, Lorfing requested the court 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 may have mental issues.

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.