StarBulletin.com

Convicted racketeer gets 20-year term


By

POSTED: Wednesday, December 31, 2008

A man convicted of running a protection business for illegal gambling dens told a federal judge he was “;1,000 percent”; certain of his innocence and cited his contributions to the community in asking for leniency.

However, U.S. District Judge David Ezra, the longest-serving judge on that court, said the evidence against Robert Kaialau III was among the most overwhelming he had ever seen and sentenced him to 20 years in a federal prison in Illinois.

“;Mr. Kaialau's organization was a vicious blight upon the community,”; Ezra said.

Kaialau, a former riflery coach at Kapolei High School, was convicted of four counts of racketeering involving violent crime. The charges stemmed from assaults on two people on July 2003 at a Young Street game room and two others at a Kapiolani Boulevard location a month later.

Kaialau was asked if he wanted to address the court and his family before being sentenced. After several minutes of sighs, he wept and said, “;It's too difficult. My spirit is broken.”;

Several more minutes passed in silence before Kaialau spoke again, maintaining his innocence and claiming that he opted out of a plea agreement offered by federal prosecutors.

“;You would be a fool to go against the government,”; Kaialau said.

Kaialau also said he wished he had been released on bail so he could prove his innocence, and continued to claim that he was working undercover for the Honolulu Police Department. Police officials have said the claim is untrue.

Kaialau said he has suffered repeat beatings in prison, the latest on Saturday. He appeared in federal court yesterday in a wheelchair.

“;I am labeled as a rat, because I help law enforcement,”; he told the judge. “;I am not a rat.”;

However, Assistant U.S. Attorney Tom Brady said Kaialau was never offered a plea agreement. In fact, Brady said Kaialau twice offered to help prosecutors convict other criminals.

“;Both times, the government said, 'Thanks, but no thanks. We don't need your kind of help,'”; Brady said. Kaialau was one of 11 defendants prosecuted. The other 10 reached agreements with the government, eight of whom testified against Kaialau.

Testimony by the co-defendants revealed Kaialau had them wear masks and dark blue T-shirts with HPD printed across the back when they assaulted members of a rival group at the Young Street game room.

Kaialau and his co-defendants seized control of the game rooms through intimidation, violence and threats of physical and economic harm, prosecutors said. Ezra said the community may look upon the case as a victimless crime, but “;that's like saying it's OK raping a prostitute.”;

Ezra also scolded Kaialau for lying about his involvement with HPD.

“;One has the right to testify; one does not have the right to lie under oath,”; Ezra said.