Habitual offender placed under federal custody

U.S. District Court for the NMI Chief Judge Ramona V. Manglona has ordered that 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, shall remain in federal custody until such time his mental evaluation is completed.

Manglona said the U.S. Marshals Service or the Federal Bureau of Prisons shall take custody of Kaipat.

Manglona said upon completion of the court-ordered mental evaluation, the U.S. Marshals Service shall return the defendant back to the custody of the Department of Corrections commissioner, and/or any authorized agent.

The judge said Kaipat must be temporarily placed in the custody of the U.S. Attorney General for assignment to a suitable Federal Bureau of Prisons facility for the purposes of such psychiatric/psychological examination.

In her previous recent order, 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.

Assistant U.S. attorney Russell H. Lorfing informed the court that he was told by the acting chief prosecutor of the CNMI 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.

It was Lorfing who 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 in federal court 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.

Kaipat has a pending criminal case in local court.

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. (Ferdie de la Torre)