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Judge dismisses charges vs man accused of burglary
»Kaipat apologizes for failure to submit witness list on time
Assistant attorney general Jacinta Kaipat yesterday apologized for the government’s failure to submit a witness list before the deadline and moved to dismiss the case against Kyle K. Cabael, who is facing charges of burglarizing a dive shop.
Superior Court Associate Judge Joseph N. Camacho dismissed the case against Cabael with prejudice, which means the case cannot be reopened.
Cabael was charged with burglary, theft, conspiracy, and criminal mischief.
Camacho said there are reasons for the court to issue a deadline and that the government failed to meet that deadline.
The judge gave Kaipat an opportunity to address the jurors before dismissing the case.
“I want to stand before you and apologize sincerely on behalf of the government,” Kaipat told jurors.
She also apologized to Camacho, defense counsel Colin Thompson, Cabael, to the people in court, and to the people of the CNMI. She said the court issued a deadline for the government to submit a witness list, but unfortunately they missed the deadline.
“In our system, it is about what is fair and just. We must uphold that,” said Kaipat, adding that she is taking full responsibility because the jurors put their lives on hold to come to court for the case.
“I humbly apologize. I took full responsibility for this. Please forgive me, please forgive me for my mistake. And I apologize to my colleagues,” said Kaipat, who was assisted in the case by assistant attorney general Barbara Cepeda.
Thompson did not address the court.
The burglary happened at Past Time Dive Shop in Susupe on Oct. 7, 2012. Stolen were 21 scuba tanks, diving suits, and fins.
Cabael and Franco Singeru were arrested in January 2013 after police investigation identified them as the culprits.
Police recovered 17 of the 21 scuba tanks, one diving suit, and a pair of fins from the Sky Garage Sale in San Jose.
After dismissing the charges yesterday, Camacho told Cabael that he is discharged from the case but that he is still under detention for his pending case—another burglary and theft incident at the Monte Vista Hotel in Upper Navy Hill last month.
Police said that one of the rooms was burglarized and stolen were the occupant’s $1,000 cash, Korean currency, Korean bank checks, cigarettes, camera, credit cards, comforter, blanket, pillow, cell phone, liquor and other items.
In the Monte Vista Hotel case, Cabael’s co-defendants are Vincent Daniel Q. Terlaje, and Kelvin Kentaro Yasui Muña.
