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Justices deny appeal of convicted kidnapper-rapist
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Posted on Jul 15 2004
The Supreme Court of the Northern Marianas Islands denied Tuesday the appeal of convicted kidnapper and rapist Jose O. Rabauliman, affirming his conviction and subsequent sentencing.
In an opinion released by Chief Justice Miguel S. Demapan and Assistant Justices Alexandro C. Castro and John A. Manglona, they ruled that after a review of the trial, Rabauliman’s basis of appeal was not enough to overturn the ruling of the Superior Court.
Rabauliman’s claim of being convicted and sentenced based upon the improper statements made by the prosecutor during closing arguments and rebuttal failed to sway the panel but the justices conceded that the statements of the Assistant Attorney General Kevin A. Lynch were “foul and improper.”
A jury convicted Rabauliman on Jan. 12, 2000, for the kidnapping, rape, and assault and battery of two women on the morning of March 28, 1998. He was sentenced to 41 years of imprisonment.
Roughly three and a half years later, on August 11, 2003, Rabauliman, through lawyer Victorino D. Torres, appealed his conviction after a review of the transcript.
In his appeal, Rabauliman characterized the statements of the prosecutor during the closing arguments for the case as “unfairly attacking the defense attorney’s role and inviting the jury to draw inferences against a defendant’s right not to testify.”
Rabauliman further asserted that the court should have granted a mistrial in his favor due to what he termed as a violation of his right not to testify on his own behalf.
In its ruling issued Tuesday but released Friday, the High Court ruled that the lower court acted within its discretion in denying Rabauliman’s motion.
Rabauliman, Hadley Renguul, Sheldon Yano, and Jake Ito kidnapped two women who were walking along Beach Road, dragged them into a van, and brought them to Suicide Cliff where they raped, assaulted, and battered the two and forced them to perform oral sex.
