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Saturday, June 30, 2001



Mirikitani jury
ordered away
from TVs, radios
and newspapers
this weekend

4 women jurors acknowledged
seeing clips tied to the trial
while watching television


By Gordon Y.K. Pang
gpang@starbulletin.com

The 12 jurors in the federal corruption trial of City Councilman Andy Mirikitani are not watching television, listening to the radio or reading any newspapers this weekend.

The eight-woman, four-man jury, which got handed the case at Thursday's end, left the federal courthouse yesterday without reaching a verdict after deliberating for a full day. Mirikitani, 45, is charged with bribery, theft, extortion, witness tampering and wire fraud. Co-defendant Sharron Bynum, Mirikitani's 52-year-old girlfriend, is charged with theft, bribery and extortion.

The jury will continue deliberations Monday morning.

U.S. District Judge Helen Gillmor had initially only instructed jurors not to read newspapers or watch newscasts on television. Yesterday, however, she gave the additional instruction to jurors to avoid television and radio altogether after four women jurors acknowledged seeing clips tied to the trial while watching television on Thursday.

Jurors were in the midst of their first morning of deliberations in the Mirikitani case when Gillmor took the unusual step of calling an emergency hearing at the request of defense attorneys John Edmunds and William Domingo. Edmunds represents Mirikitani, while Domingo is Bynum's attorney.

The attorneys said they were particularly concerned about comments made by Councilman Steve Holmes to reporters outside the courthouse Thursday that were shown not only during actual television broadcasts last night, but during "teasers" that ran during commercial breaks of non-news shows on several stations.

Holmes, in taped portions replayed on television through this morning, told reporters he felt Mirikitani was guilty of the charges against him. He also spoke about the awkwardness of sitting on the Council with a convicted felon who would not be sentenced for several months.

"We need to worry about the impact on the process here," Edmunds said.

But whatever the four women saw, which was disclosed to Gillmor and attorneys during side sessions away from the public, apparently it was not enough for attorneys to pursue a mistrial in the case.

Gillmor told jurors that an all-out media ban saves her from needing to sequester them for the duration of the deliberations.

Gillmor also said several witnesses were approached by reporters Thursday, which she called illegal. "I'm sure it was a misunderstanding and won't happen again," she said. "I do want to do this case only once."

Prosecutors say Mirikitani gave former workers Cindy McMillan and Jonn Serikawa $26,533 in bonuses in exchange for $6,884 in kickbacks in exchange for bonuses.

Mirikitani contends the campaign contributions from McMillan and her husband were voluntary and that Serikawa never gave cash to him as the prosecution contends.

If convicted, Mirikitani faces up to 65 years in prison and $1.5 million in fines. He would also lose his Council post upon sentencing. Bynum would face up to 40 years in prison and $750,000 in fines.



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