Man accused of rape moves to disqualify all of CNMI’s judges

The Superior Court law clerk who is being accused of raping a co-worker has filed a motion to disqualify all sitting Superior Court judges from presiding over his case.

William Abraczinskas, who is the law clerk of Superior Court Associate Judge Kenneth Govendo and is the defendant in a rape case, filed last week a motion to disqualify all Superior Court judges from presiding over his case.

Chief Public Defender Doug Hartig filed the motion on behalf of Abraczinskas.

According to the motion, the defense wants a special judge to be appointed to hear this case instead.
“Defendant believes that a person with knowledge of all facts surrounding this motion for recusal would question the impartiality of the Superior Court judges and so moves a special judge be appointed to hear this case,” said Hartig.

However, during a motion hearing yesterday, Superior Court Associate judge Joseph Camacho denied the motion to disqualify.

Govendo and Superior Court Presiding Judge Roberto Naraja have already recused themselves from hearing the case.

Hartig explained in the motion to disqualify that the recusal of all judges is required because their impartiality may be questioned for two reasons: one, the alleged victim is a long-time employee of the Superior Court and the court’s judges have had interactions with her over the years; and two, the defendant is an employee of the Superior Court.

“A judge must not only be neutral; he must also appear neutral. However, in this case, sitting Superior Court judges’ appearance of neutrality may be compromised given the alleged victim’s long history of working within the Judiciary,” Hartig said.

Meanwhile, Abraczinskas, during his arraignment which was held following the motion hearing, pleaded not guilty to all the charges filed against him.

Abraczinkas, 34, is accused of sexually assaulting a co-worker last April 8 and is facing charges of sexual assault in the first degree, assault and battery, and disturbing the peace,
The defendant’s jury trial is set for Oct. 16, at 9am while his pre-trial conference is set for August 30.

According to court documents, the victim went to the Department of Public Safety’s headquarters last May 26 to make a walk-in complaint against Abraczinkas, whom she accused of sexually assaulting her at his apartment. She told investigators that she and Abraczinkas had just finished swimming at a nearby beach when the incident happened. The victim claims she managed to leave when Abraczinkas fell asleep after sexually assaulting her.

The victim told police that she didn’t tell anyone about the incident because she didn’t want to disrupt Govendo’s court operations and draw negative attention to the court, but then decided to file her complaint after learning that Abraczinkas had filed a sexual harassment complaint against her with the Judiciary’s Human Resources office.