Mirikitani guilty He fought pornography and championed open government.
The Councilman faces up to
65 years in prison on 6 countsSee Also:
Colleagues urge Mirikitani to resign now;
Peers support Mirikitani's work in officeBy Gordon Y.K. Pang
gpang@starbulletin.comNow he faces up to 65 years in prison and a fine of up to $1.5 million for stealing money from government.
Councilman Andy Mirikitani, 45, was found guilty on all counts -- bribery, theft, extortion, wire fraud and two counts of witness tampering -- by a U.S. District Court jury yesterday.
Sharron Bynum, Mirikitani's 52-year-old girlfriend, was found guilty of theft and extortion but found not guilty of bribery. Sentencing for both is set for Dec. 4.
Mirikitani, who represents the 5th Council District, encompassing Manoa, Makiki and Ala Moana, would also lose his Council post upon sentencing. Bynum would face up to 40 years in prison and $750,000 in fines.
Assistant U.S. Attorney Michael Seabright said Mirikitani gave $26,533.45 in bonuses from his Council salaries account to staff aides Cindy McMillan and Jonn Serikawa for $6,884 in kickbacks.
The jury deliberated for three full days. But jury forewoman Missy Sato of Hilo said the four-man, eight-woman group only wanted to make sure it covered all the points and that there was very little doubt that Mirikitani lied on the stand.
"He did kind of kill his own side by deciding to testify," Sato told reporters after the verdict. "I think when he was talking about the kickbacks, he was lying in terms of saying it didn't happen."
During the 10-day trial, Seabright painted Mirikitani as a desperate man in debt for more than $100,000 in the summer of 1999 as a result of legal fees tied to an unrelated lawsuit involving his family's estate.
McMillan testified that she received $16,916.72 in bonus money and that she and husband Karl Rhoades gave Mirikitani $4,250 in checks to deposit into the Friends of Andy Mirikitani campaign account. Those checks were subsequently cashed by Mirikitani.
Serikawa said Mirikitani gave him a $9,616.73 bonus and then got back $2,634, nearly all of it in cash.
Both said Mirikitani approached them separately by taking them across City Hall to a park bench fronting the Hawaii State Library before making his pitch.
Both also testified Mirikitani tried to silence them when he knew they would be questioned by authorities about the alleged kickback. Jurors also heard a secret, FBI-sponsored recording of a conversation that took place between Mirikitani and Serikawa, marked by large periods of silence, during which Mirikitani apparently tried to dissuade Serikawa from testifying.
Mirikitani lawyer John Edmunds said the kickback allegations stem from a conspiracy formed by disgruntled employees.
Mirikitani acknowledged that he discussed a bonus and campaign contribution with McMillan during the same conversation but insisted that he made it clear one was not contingent on the other. McMillan, during her testimony, said Mirikitani used the word "deal" and that she felt the two were connected. She also said she felt her job was in danger.
Mirikitani also testified that he received no money from Serikawa, although the Tantalus tape appeared to indicate that the two were speaking about the kickback.
Edmunds pointed out that Serikawa and Scott Lasater, another employee, were fired by Mirikitani and that both brought charges of discrimination against their former employer. He also said that McMillan was unhappy with Mirikitani when she resigned from her job.
Edmunds said that he and Mirikitani will discuss an appeal of the verdict. William Domingo, Bynum's attorney, said the same.
Mirikitani, in a black pinstripe suit and blue dress shirt similar to what he wears on the Council floor, was stoic as the verdict was read. Bynum, in a black jacket and pink blouse, showed disappointment.
"Mr. Mirikitani abused his position of public trust and that's what the jury found today," Seabright said after the verdict.
"We hope this sends out the right message that this sort of conduct will not be tolerated," he said. "It's clear that Mr. Mirikitani thought, through his testimony, that he could get off, and it didn't work. So it's important that others understand that it didn't work."
Mirikitani first came on the Council in 1990 and quickly earned a reputation as a champion of the environment, campaign and ethics issues. As noted by Seabright at trial, he helped create the city's sexual discrimination policy and initiated campaign reform actions.
Mirikitani was also known for fighting against the proliferation of adult entertainment establishments and became the enemy of bar owners throughout the Kapiolani and Keeaumoku neighborhoods he represented.
But his tenure was also marked by sometimes heated disagreements with colleagues. One argument was with John Henry Felix over whose staff would get the perceived better office space. He nearly came to blows with John DeSoto when the Waianae councilman accused him of intimidating his staff aide.
In the early 1990s, Common Cause Hawaii gave Mirikitani an award in honor of his promotion of open and ethical government.
"It's really terrible that he goes from being a champion of ethics reform (to) being found guilty of these violations," said Larry Meacham, Common Cause spokesman.
"It's pretty cruel irony that he ends up getting involved in stuff like this."
Meacham added: "I guess it can happen to anybody. I think the lesson to be learned is that everyone should try to keep their noses totally clean and not even get into any gray areas because you can start sliding down that slippery slope."
Counts against Andy Mirikitani
wire fraud - guilty>> This involved the interstate wire communication of the Friends of Mirikitani campaign spending report in furthering the kickback scheme.
>> Maximum penalty: Five years in prison and a fine of up to $250,000theft - guilty
>> Theft of at least $6,884 from a local government funded by the federal government.
>> Maximum penalty: 10 years in prison and a fine of up to $250,000bribery - guilty
>> Bribery stems from paying bonuses of nearly $26,600 to then-aides Jonn Serikawa and Cindy McMillan and receiving kickbacks of $6,884.
>> Maximum penalty: 10 years in prison and a fine of up to $250,000extortion - guilty
>> McMillan said she would lose her job if she did not pay Mirikitani a kickback.
>> Maximum penalty: 20 years in prison and a fine of up to $250,000witness tampering - guilty
>> Mirikitani tried to prevent both McMillan and Serikawa from testifying against him.
>> Each count carries a maximum penalty of up to 10 years in prison and a fine of up to $250,000
Counts against Sharron Bynum
Charged as aider and abettor:Theft - guilty
>> Maximum penalty: 10 years in prison and a fine of up to $250,000
bribery - not guilty
Extortion - Guilty
>> Maximum penalty: 20 years in prison and a fine of up to $250,000