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Friday, December 7, 2001



art
KEN SAKAMOTO / KSAKAMOTO@STARBULLETIN.COM
Andy Mirikitani and wife Sharron Bynum walked past the waiting media yesterday as they left the federal courthouse.




Mirikitani case
reaction: Let it
become a deterrent

The prosecutor says the
ex-councilman got a
"deserved" sentence


By Debra Barayuga and Gordon Y.K. Pang
dbarayuga@starbulletin.com | gpang@starbulletin.com

The prosecutor, the jury forewoman and a former colleague on the City Council all said the same thing: Let the case of former Councilman Andy Mirikitani remind public officials and voters alike to be more vigilant about protecting the democratic process.

Mirikitani, 46, was sentenced yesterday by U.S. District Judge Helen Gillmor to four years and three months in a federal prison for receiving kickbacks from two aides to whom he gave bonuses.

It was the lowest sentence Gillmor could give to Mirikitani under stringent federal sentencing guidelines, which allowed her to sentence him to up to five years and three months.

Additionally, Mirikitani will need to pay back the Council the $6,884 he netted from the kickback scheme. He will also need to serve three years of supervised release that will follow his incarceration.

Sharron Bynum, his 52-year-old wife, was sentenced to one year and nine months for aiding and abetting in the kickback scheme.

Assistant U.S. Attorney Michael Seabright said he believes the term to be the longest ever handed down to a local public official in a corruption case.

"Mr. Mirikitani arrogantly manipulated the public trust, and he got a deserved sentence of over four years today," Seabright said yesterday.

He said he hopes the sentence sends a message of deterrence to others willing to engage in similar conduct.

The sentiment was echoed by Missy Sato, the jury forewoman during the 10-day trial, who made the rare move of attending the sentencing proceedings.

"He broke the public's trust," the 21-year-old Hilo native and college student said. "They're always wondering why the public don't like government officials. Well, this is the reason -- because we can't trust them all the time."

Councilman John DeSoto said, "You gotta make sure the purpose for you being there is to represent the people and not yourself."

Gillmor sentenced Bynum to 21 months, in part because of her medical condition. Bynum was also ordered to three years of supervised release and is jointly liable with her husband to pay back the city.

Although Bynum declined to address the court, she briefly explained why. "I feel anything I say won't make one bit of difference in this court," she said. "This was decided when I walked in the door." Gillmor penalized Mirikitani for committing an offense relating to his public duties and for obstructing justice. Mirikitani had asked former employees Cindy McMillan and John Serikawa to lie, Seabright said, and then he committed perjury on the witness stand.

Gillmor said she was concerned and found it "reprehensible" that someone would lie during trial.

She did not find Mirikitani and Bynum to be flight risks and allowed them to remain free until Jan. 17, when they have to report to prison.



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